Full question:
The biological father of my children is deceased and I have since re-married. I am reluctant to consider step-parent adoption because I understand that doing so would then erase my kids' natural father from their birth certificate and other records. We really would hate to do that. However, we do desire for my husband to be able to act as a legal parent - making medical decisions and consenting as only a parent is allowed to do. Is there any way we can accomplish this? Could he and I become co-guardians of the children?
- Category: Adoption
- Date:
- State: Ohio
Answer:
You are correct that a successful stepparent adoption will result in a new birth certificate that lists the stepparent as the legal parent.
One alternative to adoption is to give your spouse a power of attorney for the care and custody of the children. This document allows you, as the sole legal parent, to share your legal rights with your spouse. However, a power of attorney does not grant the stepparent inheritance rights or other legal rights associated with parenthood, such as social security benefits. Nonetheless, the stepparent can include the children in their will as beneficiaries.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.