A second-parent adoption allows a person to file a petition with the court in their county of residence to adopt their partner’s child. These adoptions often involve situations where the other biological parent has already waived their parental rights to the child, such as in cases involving sperm or egg donors.
In Minnesota, it can be a good option for non-traditional families. For example, unmarried couples where one partner is already a legal parent or same-sex couples in which one partner is biologically related to the child or was the original adopter. Families using assisted reproductive technologies (ART) – where one parent may not have a biological connection to the child – may also find the process preferable when it comes to establishing parental rights for both partners.
What parental rights would you have?
Most traditional adoptions involve terminating the rights of one or both biological parents. This is not the case for second-parent adoption. Instead, it adds a second legal parent to the family. While it may be similar to stepparent adoption, it does not require the non-biological adoptive parent to be married to the child’s legal parent.
But like any adoption process, this grants the adoptive parent the same legal rights and responsibilities as any other parent:
- The ability to make important decisions about the child’s upbringing, including choices about education, healthcare and religious practices
- The right to seek custody, visitation or child support in the event of separation
- The ability to name their child as their heir or beneficiary for Social Security benefits or health insurance policy
- The right to access the child’s school and medical records and to participate in related decisions
- The ability to travel with the child, even internationally, without needing additional permissions
It’s important to understand that the adoptive parent and the existing legal parent share the authority to decide about the child’s upbringing. The second-parent adoption process also requires consent from the existing legal parent. This ensures they are willing to share their parental rights.
The right support can make all the difference
Every family has unique needs and circumstances. If you’re considering second-parent adoption, reach out to an attorney who can help you take the right steps for your loved ones.