Stepparent Adoptions

When a divorced parent remarries (or a single parent marries), his/her current spouse may wish to adopt the child from the previous marriage/relationship. This is a common practice and can be beneficial to the child.

The adopting family may contact the Family Division, Adoption Unit, in the county where they currently reside or consult with their own attorney.

Residents of Oakland County can contact:

• The Family Division, Adoption Unit at 248-858-0030.

A minimum one year of marriage is desirable but may be waived by the court. There is no requirement for an attorney; however, families may wish to consult/retain an attorney. A filing fee is required for each child adopted.

The noncustodial parent must voluntarily consent to the adoption; also, any child fourteen (14) years of age or older must consent.

In certain cases, it is possible to terminate the parental rights of the noncustodial parent, thereby permitting a stepparent adoption. Details of this procedure will be explained by the Adoption Unit.

The Adoption Unit does not become involved in past or current matters of child support ordered by the Circuit Court. All money matters are handled strictly by the parents, their attorney (if any), and the Friend of the Court.

Adoption does, however, end ongoing court-ordered support responsibilities of the noncustodial parent. In addition, the parties may agree to waive any support arrearages. This is also done in conjunction with the Friend of the Court Office.

After the adoption, the stepparent becomes the child's legal parent. Usually the child is given the new family name, and a new birth certificate is issued by the state of the child's birth.

Friend of the Court Handbook