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 in your understanding that a successful stepparent adoption will mean a new birth certificate will be issued showing the stepparent as the legal parent.
One alternative to adoption that you may want to consider is giving your spouse a power of attorney for the care and custody of the children. A valid power of attorney essentially means you, as sole legal parent, can share your legal rights with your agent.
Please note that a power of attorney would not create legal rights in the children to become heirs of their stepparent (for inheritance purposes, social security, etc.). However, the stepparent can bequest to them as individuals in his will.
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.
