Key Steps in Stepparent Adoption Process
June 3, 2025
Stepparent adoption allows a spouse to become the legal parent of a child, building a more profound sense of belonging and permanence. While this type of adoption is one of the more rewarding aspects of family law, it involves specific legal steps that must be completed for the adoption to be finalized.
Kansas law has several key requirements for a stepparent adoption, and understanding these requirements is the first step toward success.
At The Alexander Law Firm, LLC, we’ve guided many families through the stepparent adoption process in Kansas City, Kansas, and surrounding areas, including Wyandotte County and Johnson County. Parents often tell us they feel uncertain about where to start or what the process entails. That’s why we break down each step clearly, helping you and your family embark on this journey with confidence.
Whether you're seeking to adopt your spouse’s child or just exploring your options, we will walk you through the process, explain how Kansas family law applies, and highlight what you can expect along the way.
Stepparent Adoption in Kansas
Stepparent adoption is a legal process in which a stepparent becomes the legal parent of their spouse’s child. This process terminates the parental rights of the noncustodial biological parent, meaning that the child will then have two legal parents: the biological parent and the stepparent.
In Kansas, family law supports the idea that children benefit from stable, secure homes. Stepparent adoptions help formalize relationships that already exist in practice. However, the law also protects the rights of biological parents, and their consent or legal status must be addressed before the adoption can proceed.
Most families benefit from knowing the steps to take, the required paperwork, and how the court will view their petition. Key factors such as timing, proper documentation, and obtaining consent play a crucial role in the process.
Legal Requirements for Stepparent Adoption
Kansas family law has several conditions that must be met for a stepparent adoption to move forward. Most of these requirements are designed to protect the child’s best interests and make sure the adoption is appropriate under the law.
Key legal requirements include:
The child must be under the age of 18 and not legally emancipated.
The stepparent must be legally married to one of the child’s biological parents.
The noncustodial parent must give consent to the adoption, or the court must terminate their rights.
A petition for adoption must be filed in the district court located in the county where the child resides.
In some cases, consent from the child may also be required, particularly if the child is over 14 years of age. We help families gather the necessary documentation, prepare for court hearings, and address any issues related to consent.
Consent and Termination of Parental Rights
The most sensitive part of the stepparent adoption process often involves the noncustodial biological parent. If the parent agrees to the adoption and is willing to voluntarily relinquish their parental rights, the process moves forward more easily.
If the biological parent refuses to give consent, the court can still terminate their rights under certain conditions. Kansas law allows a court to waive the consent requirement if the biological parent has:
Failed to support the child financially for a period of at least two years, or
Failed to maintain meaningful contact with the child over that same time.
In these family law cases, we present evidence to the court showing that the biological parent’s actions—or inaction—warrant termination of parental rights. The court then evaluates whether the adoption serves the child’s best interests. This decision is never taken lightly, and we present a strong case to support our clients and their families.
Filing the Adoption Petition
The legal process begins by filing a petition for adoption in the appropriate district court. This document specifies the relationship between the stepparent and the child, the reasons for the adoption, and the consent status of all parties involved. We assist our clients in drafting and filing this petition with accuracy and attention to detail.
Along with the petition, other documents are submitted, including:
The marriage certificate of the biological parent and stepparent.
The child’s birth certificate.
Consent forms, if applicable.
A proposed final decree of adoption.
These materials provide the court with the information needed to schedule a hearing and evaluate the adoption request.
Court Hearing and Finalization
After the petition is filed, the court sets a hearing date. In most stepparent adoption cases, the hearing is straightforward, especially when all required consents have been filed. The judge will ask questions about the family’s living situation, the relationship between the child and stepparent, and whether the adoption is in the child’s best interests.
We attend these hearings with our clients and help prepare them for the kinds of questions they may be asked. The judge will want to confirm that the adoption is voluntary, well-considered, and in the best interests of the child’s emotional and physical well-being.
Once the judge is satisfied, the adoption is approved, and a final decree of adoption is issued. This document finalizes the relationship between the stepparent and the child. From that moment on, the stepparent has the same rights and responsibilities as a biological parent.
One Family, One Legal Bond
For many of our clients, the adoption hearing is one of the most meaningful moments in their family’s story. After months—or sometimes years—of building a close relationship with a child, the adoption confirms that bond in the eyes of the law.
Following adoption, families may request a new birth certificate for the child that lists the stepparent as the legal parent. This can help with school records, medical care, insurance, and many other aspects of daily life.
We’ve seen the difference this step makes for children who finally feel secure knowing both parents are legally committed to them. The sense of unity and belonging that comes from a stepparent adoption can last a lifetime.
What to Expect Throughout the Process
We know that many parents approach adoption with excitement, but also uncertainty. While Kansas law outlines the necessary steps, each case has its own unique challenges. Some adoptions go smoothly, while others involve legal disputes or uncooperative biological parents.
To help you prepare, here’s what most families can expect:
Initial consultation: We meet with you to understand your family’s history, discuss your goals, and outline the legal steps involved.
Document collection: We gather all required documents, including marriage licenses, birth certificates, and any existing custody orders.
Consent discussions: We reach out to the biological parent for voluntary consent, or prepare to request court termination of parental rights if consent is unlikely.
Filing the petition: We draft and file the adoption petition, along with supporting documents, in the appropriate Kansas district court.
Hearing preparation: We review likely court questions with you and the child (if the child is old enough to participate), and gather any additional evidence.
Court hearing: We attend the hearing with you, advocate for your family, and address any issues raised by the judge.
Final decree: Once approved, we will secure the signed adoption decree and assist you with post-adoption matters such as name changes or birth certificate updates.
Throughout the entire process, we focus on your goals and your child’s well-being. Kansas family law provides a clear structure, but we recognize the importance of remaining flexible and responsive to the unique needs of each family.
Why Stepparent Adoption Matters
In our work, we’ve seen how stepparent adoption strengthens families. It eliminates legal uncertainty and confirms the emotional truth that the child already knows: this parent is here for the long haul.
From a legal standpoint, adoption creates permanent rights and responsibilities. The stepparent gains full legal authority to make decisions regarding education, healthcare, and other significant life matters. In turn, the child gains inheritance rights and the long-term stability of a fully recognized family unit.
These are more than legal benefits—they represent a foundation of trust, love, and permanence. As family law attorneys, we’re proud to be part of that transformation.
Call Our Firm
At The Alexander Law Firm, LLC, our attorneys take great pride in helping families grow stronger through stepparent adoption. We serve Kansas City, Kansas, and the surrounding areas of Wyandotte County and Johnson County. Contact us today to learn more about the process of stepparent adoption in Kansas.