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Adoption is a formal court proceeding that creates a parent-child relationship between an adult and a child. The most common form of adoption is by a stepparent who assumes financial and legal responsibility for his or her spouse’s child(ren), and the non-custodial parent is released from all parenting responsibilities. In other words, the parent without legal custody loses his or her parental rights and duties. The relationship that is created has legal rights and legal duties, including child support obligations, inheritance rights, and custody rights.

Procedures are generally simpler for stepparent adoption than for other types of adoption; however, stepparent adoption law varies from state to state. State stepparent adoption laws address issues such as consents from the non-custodial parent, how long the stepparent and biological parent must be married before an adoption petition can be filed, and other requirements. All states have a form of an investigation of prospective adoptive parents to make sure they are fit to raise a child. Common areas of inquiry include financial stability, marital stability, lifestyles and other social factors, physical and mental health and criminal history.

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