Minnesota Adoption Lawyer

Minnesota Adoption Lawyer

There are a couple different reasons why someone may need to go through the stepparent adoption process.

Jack and Jill fall in love and decide to marry. Jill has 2 kids, Marcia and Jan, from a prior marriage to Mike. Mike is out of the picture - perhaps he died or has never realized his custodial rights over the kids. Jack loves the kids and wants to adopt them. Provided that there are not issues for Mike (either he's gone or wants to terminate his rights), Jack can go through the process to adopt Marcia and Jan. After such adoption, he is fully recognized as their parent.

Another common scenario in the LGBT community

Ellen and Portia are married and decide to have a baby. They both want Portia to carry the child. Portia has a healthy baby boy named Elton and they put both their names on the birth certificate. Is that enough? Sure. Ellen’s name is on the birth certificate as that parent, so they’re done, right? Not so fast.

Under Minnesota (and many other states), simply being listed on a birth certificate (even if married) does NOT establish a legal relationship between Ellen and Elton. The only way to ensure that Ellen’s parental relationship to Elton is legal recognized is for her to formally adopt Elton.

The main concern here is not so much whether Minnesota will recognize that relationship as we do have some laws that offer Ellen protection and are mostly a progressive state. But, what if Ellen travels with Elton alone? Will another state recognize her as the legal parent? What if they move to Florida and something happens to Portia? Ellen runs the risk – however small- that Elton could be taken from her in a non-supportive jurisdiction. And, based on this election, there are a lot of non-supportive jurisdictions in this country.

The Solution: A Stepparent Adoption

All states (even Florida) must recognize a valid court order from a Minnesota court. So, while such court may reject the birth certificate naming Ellen or, if the Supreme Court overturns gay marriage, Portia and Ellen’s marriage, a U.S. court CANNOT reject a valid court order from another state!

A stepparent adoption is a relatively simple, straight-forward process in Minnesota with the right guidance. Unique Estate Law is knowledgeable and experienced in handling these matters and will be at your side with understanding and advice.

To fully understand how strongly I believe you need to adopt that child just know that I legally married my wife in 2013 and our son was born in 2014. I adopted him the same as I adopted our daughter who was born in 2007 long before our marriage was legal. So, I definitely put my money where my mouth is on this issue.

If you are interested in having a step parent adoption consultation, contact us today by filling out a contact form or calling us at (952) 260-2043 with any questions you might have. Feel free to check out our fees page for pricing information.

From within Hennepin County Unique Estate Law represents clients throughout Minnesota, including Minneapolis, Edina, Bloomington, St. Louis Park, Minnetonka, Plymouth, Wayzata, Maple Grove, St. Paul, and Brooklyn Park.

9.3Chris Tymchuck

© 2020 Unique Estate Law | Disclaimer
5901 Cedar Lake Rd., Minneapolis, MN 55416
| Phone: 952-358-7400

Practice Areas | Fees | COVID-19

TwitterLinked-In PersonalLinked-In CompanyBlog RSS

Attorney Website Design by
Amicus Creative

9.3Chris Tymchuck