Probate Courts in Connecticut have exclusive jurisdiction to handle stepparent adoptions. We know that many stepparents have a parent like relationship with their spouse’s child. They spend lots of time together and do all the things those parents and children enjoy. The child loves and trusts the stepparent and even calls them “mom” or “dad.”

But legally speaking, the relationship is not recognized.

So how does a biological parent get their spouse to adopt his or her child in Connecticut?

There are two steps in the process.

1. Termination of parental rights hearing. If the other biological parent is alive, his or her parental rights must be terminated. Sometimes the parent will voluntarily agree to relinquish their rights. This is especially true if the parent has another family of their own, has no ongoing relationship with the child or wants to wiggle out of paying child support. But many times the parent does not consent to the termination. In that case, the judge must conduct a trial to determine whether there are legally sufficient grounds to terminate. Termination of parental rights is never an automatic and is clearly the more challenging step. This hearing is adversarial.

2. Adoption hearing. This step is much more straightforward. Once the child is legally free to be adopted, the Probate Court will hold a hearing to decide if the stepparent adoption is in the child’s best interest. If the adoption is granted, a new birth certificate will be issued and a change in the child’s name can be requested. This hearing is a non-adversarial and a happy occasion.

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