Not all cases of stepparent adoptions are due to one biological parent intentionally abandoning their child. There are also cases where a stepparent comes into a child’s life because one of the birth parents has died, and the remaining parent has since remarried. In order to solidify their relationship as parent and child, and become a “normal” family unit, many families in this case begin thinking about performing a stepparent adoption.

While a stepparent adoption is easier in the legal sense, in these cases, as there is no other parent to hunt down, and then get permission from in order for the adoption to occur, it is imperative that the adults in these situations take the child’s emotions into account before jumping into a stepparent adoption. A child is going to need time to get over the loss of his or her birth parent, he or she will need time to grieve, and to come to terms with the fact that their biological parent, is never coming back. Death is a very hard concept for children to comprehend, and the absolute finality of it, when they begin to realize just what never means, can completely overwhelm them. They will need time to work through their thoughts and feelings on the death of their parent, before stepparent adoption is even put on the table as an option.

If the child has suffered the loss of a parent, counseling should be provided for him or her, in order to help the child sort out all of their emotions concerning their loss. Not only can the counselor help the child to get through this difficult time, he or she can also when the time is right, begin to speak with the child about the possibility of a stepparent adoption, and in turn let the parents know when the child is ready to begin the process.

As far as the legal aspects of a stepparent adoption, if one of the biological parents has passed away, the process and paperwork remain mostly the same. When filling out the petition for stepparent adoption, you will mark on the sheet that the parent has died, and provide the court with a copy of the death certificate. The process should be slightly faster than a stepparent adoption where the non-custodial parent must consent to the adoption, as there is no serving notice to the other parent, or publishing a public notice if said parent cannot be located, both of which can add months to the adoption process.

If the deceased parent was married to the remaining parent, copies of the marriage certificate will be needed as well as any divorce decrees if the marriage did not last. Copies of the marriage certificate between the biological parent, and the stepparent will be needed, along with a copy of the birth certificates for the child, biological parent, and the stepparent.

While the legal process may be a little more streamlined for this particular type of adoption, and can be completed in a fairly short amount of time, care should be taken, as stated above, to give the child enough time to heal from the death of their parent before a stepparent adoption occurs.

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