Step-parent adoption of spouse's adoptive children

[Decima]

I adopted my nephew and niece 5 years ago when I was single. I have since married (almost two years ago) and my husband wants to adopt my children. We reside in Texas; the original adoption was in New Mexico and occurred as a result of my sister and her husband's termination of their parental rights. The children had been in foster care and were placed with me in Texas six months prior to the final adoption decree. We are pursuing the step-parent adoption pro se (without a lawyer) and I'm struggling with some of the wording in the original court petition templates, which I'm preparing. I am the only one listed on their new birth certificates; no father listed. Some sections of the filings, such as "eligibility for adoption" want you to list the biological parents names OR indicate the children have no living father, and no living alleged or probable father whose parental rights have not been terminated by final judicial order OR evidence has been provided that after exercise of due diligence by Petitioners, the alleged father's identity and location are unknown. None of these apply. Do I create my own wording that describes the situation? It is my understanding from my final decree of adoption that everything is now as if they were born to me. There are no parents to terminate their rights as this was done prior to my adoption through the Child Protective Services system. I've searched everywhere on line to find examples and I'm fortunate to have found a template for adoption-stepparent-no termination, but it still doesn't quite match my situation. Do you have any tips or sources you could refer me too? This should be the most simple of adoptions, but it seems to be the hardest to do without hiring a lawyer. Thank you.

 

[stealth2]

In all honesty? Adoption should never be a DIY project...

 

[Ohiogal]

I adopted my nephew and niece 5 years ago when I was single. I have since married (almost two years ago) and my husband wants to adopt my children. We reside in Texas; the original adoption was in New Mexico and occurred as a result of my sister and her husband's termination of their parental rights. The children had been in foster care and were placed with me in Texas six months prior to the final adoption decree. We are pursuing the step-parent adoption pro se (without a lawyer) and I'm struggling with some of the wording in the original court petition templates, which I'm preparing. I am the only one listed on their new birth certificates; no father listed. Some sections of the filings, such as "eligibility for adoption" want you to list the biological parents names OR indicate the children have no living father, and no living alleged or probable father whose parental rights have not been terminated by final judicial order OR evidence has been provided that after exercise of due diligence by Petitioners, the alleged father's identity and location are unknown. None of these apply. Do I create my own wording that describes the situation? It is my understanding from my final decree of adoption that everything is now as if they were born to me. There are no parents to terminate their rights as this was done prior to my adoption through the Child Protective Services system. I've searched everywhere on line to find examples and I'm fortunate to have found a template for adoption-stepparent-no termination, but it still doesn't quite match my situation. Do you have any tips or sources you could refer me too? This should be the most simple of adoptions, but it seems to be the hardest to do without hiring a lawyer. Thank you.

Do you have the probate documents? It sounds as if you need counsel for at least filing.

 

[Decima]

Why would I need probate documents in a step-parent adoption?

 

[Ohiogal]

Why would I need probate documents in a step-parent adoption?

Because probate court is where adoptions happen. The fact that you don't know that guarantees that you need COUNSEL. And there may be other issues.

 

[FlyingRon]

That's true for Ohio, but in New Mexico it takes place in state District Court (often in a division called "Children's Court").

(Texas by the way varies with location, sometimes a District Court, sometimes a specialized court).

 

[Zigner]

Because probate court is where adoptions happen. The fact that you don't know that guarantees that you need COUNSEL. And there may be other issues.

Not in Texas. In Texas, Statutory County Courts handle adoptions - they have concurrent jurisdiction with district courts in family law matters (which adoptions are considered to be in Texas.)

 

[Decima]

Thank you all for your feedback. I've already made contact with the County Clerk for my county in Texas and had confirmed that is where the adoption would be considered. I am following the process and format that was provided by someone who successfully pursued the step-parent adoption pro se in Texas. My only difficulty is understanding if I should be listing myself as the adoptive mother versus the natural mother in the petition. Given that my name is the only name on their birth certificates as I adopted them as a single parent, the court will expect to see some documentation about the father. So, it leads me to believe I should state that I am the adoptive mother and attached the adoption decree.

 

[Zigner]

You really need an attorney to make sure this is done correctly (and that the first adoption was done correctly).

 

[Ohiogal]

Sorry... I was wrong... I apologize and mea culpa. Thank you to those who corrected me. For some reason I was thinking Ohio. Hey I was up past my bedtime.