1. Understanding Stepparent Adoption
Stepparent adoption is the legal process by which a stepparent becomes the legal parent of their spouse's child. Once complete, the stepparent has the same rights and responsibilities as a biological parent.
Key Considerations
- Adoption permanently severs the legal relationship with the other biological parent
- The biological parent's rights and obligations (including child support) end
- The child gains inheritance rights from the adoptive parent
- The decision should not be taken lightly
2. Eligibility Requirements
To adopt a stepchild in Alberta, you must:
- Be at least 18 years old
- Be married to or in an Adult Interdependent Partnership with the child's parent
- Be a resident of Alberta
- Complete a home study assessment
- Pass criminal record and child welfare checks
3. Consent Requirements
The following consents are required:
Required Consents
- Your spouse (the child's parent)
- The other biological parent
- The child (if 12 or older)
- Any legal guardian
When Consent Can Be Dispensed
- Parent has abandoned the child
- Parent cannot be located
- Parent is incapable of consent
- Best interests of the child
4. The Adoption Process
- Consult with a family lawyer
- Obtain consents from biological parents
- Complete home study assessment
- File adoption application with court
- Serve notice to biological parent (if required)
- Attend court hearing
- Receive adoption order
- Obtain new birth certificate
Timeline
The process typically takes 6-12 months. Contested adoptions where consent must be dispensed with can take longer due to additional court proceedings.
5. Legal Effects of Adoption
Once the adoption is finalized:
- You become the child's legal parent in all respects
- The biological parent's rights and obligations terminate
- Child support obligations from the biological parent end
- The child inherits from you as if born to you
- You have all parental decision-making authority
- A new birth certificate can be issued with your name
6. Frequently Asked Questions
Requirements include: being married to or in an adult interdependent relationship with the child's parent, obtaining consent from both biological parents (or having consent dispensed with by court), completing a home study assessment, and being at least 18 years old.
Generally yes, both biological parents must consent unless the court dispenses with consent. Consent may be dispensed with if the parent has abandoned the child, cannot be found, is incapable of giving consent, or if it's in the child's best interests.
The process typically takes 6-12 months, depending on whether consent is contested, how quickly the home study is completed, and court scheduling. Contested adoptions where consent must be dispensed with take longer.