Step Parent Adoption Petition

STEP PARENT ADOPTION PETITION

Court Name:   County:   Case No.:

Petitioner (Step-Parent): , Petitioner Address:

Co-Petitioner (Spouse/Biological Parent): , Co-Petitioner Address (if different):

Child to be Adopted: ; Date of Birth: ; Place of Birth:

Current Residence of Child:

RECITALS

WHEREAS, Petitioner is the step-parent by marriage to Co-Petitioner and has lived in a parental relationship with the child identified above since the marriage of the parties; and

WHEREAS, adoption by the Petitioner is sought to formalize parental responsibilities, secure the child's legal relationship with the Petitioner, and serve the best interests of the child; and

WHEREAS, Co-Petitioner is the biological parent of the child and joins in this petition to consent to the adoption and to request entry of a final decree of adoption naming the Petitioner as a legal parent of the child; and

NOW THEREFORE

Petitioner and Co-Petitioner petition this Court pursuant to the applicable adoption statutes and request that, after notice and hearing and upon a finding that adoption is in the best interests of the child, the Court enter the orders described herein.

1. JURISDICTION AND VENUE

Petitioner alleges that this Court has jurisdiction over this petition because the child resides in this County, and Petitioner and Co-Petitioner reside in the State and County indicated above. Venue is proper in this Court under the statutes authorizing adoption proceedings.

2. PETITIONER INFORMATION

Married to each other    Separated

3. CHILD INFORMATION

4. PARENTAGE, CONSENT AND TERMINATION

Biological Parent(s) of the child:

The following statements are true and are incorporated by reference into this petition:

Written consent of the biological parent is attached and was executed voluntarily on

Parental rights of the biological parent have been terminated by prior court order; attached is a certified copy of the termination order.

The biological parent is deceased. Date of death, if applicable:

5. BEST INTERESTS OF THE CHILD

Petitioner alleges and will prove at hearing that adoption by the Petitioner is in the best interests of the child. The factors supporting this petition include, without limitation: the existing parent-child emotional bond between Petitioner and the child; Petitioner’s provision of daily care, support, education and medical needs; the stability of the home environment; and the expressed wishes of the child where age-appropriate. The Court is requested to consider all statutory factors relevant to the best interest determination.

6. HOME STUDY, INVESTIGATION, AND BACKGROUND CHECKS

A home study and background checks have been completed in accordance with applicable law. The results of the home study and background checks are attached to this petition as exhibits and filed under seal where required. If no home study is required, indicate reason in the box below.

7. RELIEF REQUESTED

Petitioner requests the following relief:

1. That the Court decree the adoption of the child by the Petitioner and issue an order vesting all parental rights and responsibilities in the Petitioner;
2. That the child’s name be changed to:
3. That upon entry of the final decree, a new certificate of birth or other certificate of parentage be issued to reflect the adoption, if authorized by law;
4. Any further relief the Court deems just and proper to effectuate the adoption and protect the child’s welfare.

8. NOTICE AND SERVICE

Petitioner certifies that all required parties have been served with notice of this petition as required by law, including biological parents, custodians, and any agency with legal interest in the child. List of persons served and method of service:

9. HEARING

Petitioner requests that the Court schedule a hearing on this petition and provide such notice to interested parties as required by law. Preferred hearing dates or deadlines (if any):

10. ATTACHMENTS AND EXHIBITS

The petition is accompanied by the following documents, which are incorporated herein by reference and submitted as exhibits:

Written consent(s) of biological parent(s) attached    Home study attached    Prior termination order attached

11. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of this State that the foregoing is true and correct to the best of my knowledge, information and belief, and that this petition is made in good faith for the best interests of the child.

12. MISCELLANEOUS PROVISIONS

Governing Law: This petition shall be governed by and construed in accordance with the laws applicable to adoption proceedings in the jurisdiction where this petition is filed.

Entire Agreement: This petition, together with exhibits and any orders issued by the Court, constitutes the entire understanding between the parties with respect to the subject matter of this petition.

Severability: If any provision of this petition is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments and Waiver: This petition may be amended by filing a written amendment with the Court. No waiver of any provision shall be effective unless in writing and signed by the waiving party and approved by the Court.

Counterparts: This petition may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

NOTICES

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