Adopting a stepchild creates a legal relationship and represents a meaningful step toward unifying a blended family. However, when a biological father is absent, managing the legal process involved in securing a permanent, legal parent-child relationship can feel like an overwhelming task.
Have you been typing, “adopting a stepchild with absent father” into your search bar?
At Mills Adoption Law in Raleigh, NC, we understand that every family’s story is unique—and so is the adoption process.
With over 35 years of experience in adoption law, we have represented all members of the adoption triad, including adoptive parents, birth parents, and adoptees. Whether you’re a stepparent seeking to formalize your relationship with your stepchild or working through the complexities of an absent biological father, we’re here to guide you every step of the way.
Why Adopting Stepchildren Matters
Stepparent adoptions create legal parental rights and security and emotional permanence for families. The truth is, even if you have a wonderful parent-child relationship, without adopting a child you will have no legal rights to them as a parent. When a stepparent adopts, they take the love and commitment they have already demonstrated as a de facto parent and make it legally binding. Adoption doesn’t just formalize roles within your family—it also protects your child by securing their inheritance rights and creating stability in their home life.
When the other biological parent is absent, it can complicate the process—but it also creates an opportunity to provide clarity and closure for your family members. You can create a permanent and protected adoption by addressing the legal standing of the other parent who is absent.
Understanding the Legal Process of North Carolina Step Parent Adoption
Adopting a stepchild in North Carolina involves specific legal steps, particularly when the other parent is not in the picture.
1. Meet Eligibility Requirements for Stepparent Adoption
To adopt a stepchild in North Carolina, you must:
- Be legally married to the child’s biological parent for at least six months.
- File the adoption petition jointly with your spouse.
- Establish that the adoption is in the child’s best interest.
2. Identify the Biological Father’s Status
We are required to give the other biological parent notice of the proposed adoption. There are three ways to proceed.
- Obtain the parent’s consent.
- File a petition for adoption and serve the parent with notice of the petition. If the parent fails to object, proceed without him or her.
- If the parent objects, file a petition for termination of parental rights if grounds exist.This termination can be accomplished if the biological father is truly absent—meaning they have abandoned the child—the court may terminate their rights. This requires sufficient evidence that they have failed to maintain a meaningful relationship with the child or provide financial support over an extended period.
3. File the Adoption Petition
The stepparent begins the process by filing the adoption petition in court. This document outlines:
- Your relationship to the child.
- Why adoption serves the child’s best interests.
- Evidence supporting the termination of the biological father’s parental rights.
The court will assess your petition and evaluate whether you have met all legal requirements.
4. Home Study / Postplacement Reports
In stepparent adoptions in North Carolina, a formal home study isn’t required. However, the court will require two postplacement visits and a report to the court. Someone will come to your home and meet with you and then file a report.
When you have been married and the child has lived with the stepparent for at least two years, the court has the discretion to waive the requirement for postplacement reports. This is accomplished by making an application by motion to the Clerk. It is entirely discretionary with the Clerk. Results will vary from county to county and case to case. To waive postplacement reports, most courts require an SBI and FBI record checks in addition to a local check from the county sheriff or clerk of court for the petitioning stepparent.
5. The Final Court Hearing
The adoption process concludes with a hearing before a judge. This is a celebratory moment, officially finalizing the adoption and granting you full parental rights. The judge’s decree solidifies your new legal status as the child’s parent, granting you the same rights and responsibilities as if you were a biological parent from birth.
Overcoming Common Challenges in Adopting a Child as a Stepparent
When the biological father is absent, adopting stepchildren can pose unique challenges. For instance, proving abandonment may require detailed evidence like:
- Lack of child support.
- Absence of communication or involvement in the child’s life.
Depending on the circumstances, these cases can raise emotional and legal complexities, but they also provide an opportunity to protect your family from potential future disputes. Our Raleigh adoption attorney takes an empathetic, thoughtful approach to gathering the necessary documentation while advocating for your family’s needs.
One of the most delicate challenges in these cases is addressing questions about the absent parent with the child. Adoption is a family-building process, and as your family law attorney, Bobby Mills can provide you with legal guidance and advice on conducting these sensitive conversations.
Why Legal Guidance Matters
The details of each adoption case vary depending on multiple factors, including the length of the marriage between the biological parent and the individual pursuing a stepparent adoption, the consent of the other biological parent, and other factors.
North Carolina’s adoption laws protect the child’s interests while honoring the legal rights of all parties involved. At Mills Adoption Law, we offer peace of mind for the stepparent, the other biological parent, and the child through every part of the process.
What sets us apart?
- Experience: We have represented families in contested adoptions and appeals, giving us a profound understanding of the intricacies of adoption law.
- Personalized Approach: When you work with us, you speak directly with Bobby Mills, not a paralegal or assistant. This one-on-one approach gives your case the attention it deserves.
- Advocates for Security and Permanence: We understand that the goal of adoption is to create a secure, permanent family unit. Our planning anticipates and addresses potential problems before they arise.
Mills Adoption Law: Experience for What Matters Most — Family
Adopting stepchildren is more than a legal process—it’s the most meaningful commitment you can make. By embarking on stepparent adoption you’re creating a foundation of love and stability that will last a lifetime.
At Mills Adoption Law, we recognize that families come in all shapes and sizes. Our founder, Bobby Mills, brings decades of experience and a deep passion for helping families build their futures. Whether you’re adopting an infant or a child out of foster care, or formalizing a step-parent relationship, we tailor our approach to your unique situation.
Having represented all members of the adoption triad—adoptive parents, birth parents, and adoptees—our Raleigh adoption lawyer Bobby Mills has seen things and can anticipate problems other attorneys will not anticipate. Through his work on thousands of cases, he truly understands how to navigate the legal system and stand up for families. If you are seeking to adopt a child in North Carolina, contact him at (919) 306-2899, or complete the online form to schedule your free, 15-minute consultation.
Copyright © 2025. Mills Adoption Law. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Mills Adoption Law
Raleigh, NC 27612
(919) 306-2899
https://www/millsadoptionlaw.com/