There are both emotional and practical benefits to stepparent and partner adoption. Adoption can solidify the family unit and a child’s sense of security. It also ensures that a child can continue to be raised by the adoptive parent if the biological parent dies, and that both the surviving parent and child receive important benefits (such as eligibility for insurance coverage and tax exemptions) that are afforded parents and their children.
In Oregon, a stepfather may adopt his stepchild without changing his wife’s legal status as the child’s mother.[1] Except in cases where the biological father has passed away, an adoption by a stepfather terminates the rights of the biological father. If the biological father is deceased, both the biological father and stepfather may be considered the child’s legal father for inheritance purposes.
Because an adoption terminates the biological father’s rights to the child (including the right to seek parenting time), he must be given notice of an adoption proceeding unless he has willfully deserted or neglected the child. Oregon law defines this as “willfully deserting or neglecting without just and sufficient cause to provide the proper care and maintenance” for at least one year prior to the adoption filing. Along with the rights of the biological father, an adoption terminates his responsibilities, including any child support obligation that otherwise would have accrued after the date of the adoption.
Oregon also allows adoption by same-sex partners. If the child was born via artificial insemination, the consent of the sperm donor is unnecessary. Not every state recognizes same-sex partnerships, so adoption is especially important where a move is possible. There have been cases in other states where a partner who is not the biological parent has been denied contact with a child he or she loves and has helped raise. However, a valid adoption judgment obtained in Oregon should be recognized in other states.
By Tiffany Minus, Family Law Attorney, Buckley Law P.C.
If you would like more information regarding family law matters, please contact me at 503-620-8900 or tmm@buckley-law.com.
[1] For readability, I am using the example of a stepfather adopting, but the same principles apply if a stepmother adopts her stepchild.
