Step-parent adoption: how does it work?

Many stepparents, or so-called bonus parents, treat their partner’s children ‘as if they were their own children’. It is therefore not unusual for a strong bond to develop between the members of a blended family, often giving rise to the question whether this bond can also be legally formalized.

In this news blog, we will therefore take a closer look at the possibility of stepparent adoption and, more specifically, at the different forms of stepparent adoption and their consequences, as well as the conditions for proceeding with such an adoption.

Forms of stepparent adoption

Ordinary adoption

Who?

Ordinary adoption is possible for both adult and minor stepchildren.

What?

In an ordinary adoption, an additional legal bond is created between the child and the stepparent, while the bond with the original parent is maintained. It is important to note here that the stepchild does not become a full member of the stepparent’s family. 

Although ordinary adoption constitutes an additional filiation bond, it still entails quite a number of consequences. When the adoption concerns a minor stepchild, the stepparent acquires parental authority over the child, as a result of which the original parent then loses parental authority.

In addition, a new primary maintenance obligation is also created, whereby both the stepparent and the adopted stepchild will be required to support one another. The original parent also remains bound by the maintenance obligation, but only if the stepparent is unable to fulfil his or her obligation. 

But perhaps the most important consequence is the acquisition of additional inheritance rights for the adopted child, on top of the existing inheritance rights in the original parent’s family. However, the adopted child can inherit only from the stepparent, not from the stepparent’s family. 

Full adoption

Who?

Full adoption is only possible for minor stepchildren.

What?

Full adoption can be regarded as a more far-reaching form of stepparent adoption. When the stepparent decides to fully adopt the minor stepchild, the bond with the original parent disappears. The child is then, legally speaking, no longer connected in any way to the original parent and his or her family. Unlike ordinary adoption, the stepchild becomes a full member of the stepparent’s family, with the associated inheritance consequences. 

The adopted stepchild nevertheless remains a member of the original family of the stepparent’s spouse or cohabiting partner. This is logical, as the bond with the child’s own father or mother who has a relationship with the stepparent continues to exist. 

This form of adoption therefore entails a number of far-reaching consequences. The original parent not only loses parental authority over the adopted child, but the maintenance obligation also ceases. Finally, the adopted stepchild acquires full inheritance rights in the stepparent’s family, and all inheritance rights with regard to the family of the original parent lapse. 

Conditions for stepparent adoption

When the stepparent wishes to adopt a minor child, the application must be based on legitimate grounds. In such a case, the family court must carry out an assessment, taking into account the best interests of the child. In addition, the stepparent must also be found suitable. 

In addition to the requirements specifically relating to minors, for both adult and minor stepparent adoption, the stepparent must be at least 18 years old and at least 10 years older than the stepchild. The stepchild itself must be at least 2 months old before the adoption can proceed. 

Finally, a number of consent requirements also apply. For example, the stepchild who has reached the age threshold of 12 must give his or her consent. If it concerns a minor stepchild, the parents must also give their consent. In the case of an adult stepchild, it is the stepchild’s spouse or cohabiting partner, if any, who must grant consent. 

Conclusion 

When deciding to proceed with the adoption of your partner’s child, it is advisable to examine the different options and conditions so that you can choose the best possible way to shape your family life.

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