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How do I establish legal parentage for my spouse?

October 25, 20252 min read34,000+ families helped

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If you are a stepfather seeking to adopt:

Your wife must be legally recognized as the child's mother before you can adopt. This is typically confirmed through:

Birth Certificate – If your wife's name appears as the child's mother on the birth certificate, her parentage is generally undisputed—even if the child was born outside of marriage

Prior Adoption – If your wife legally adopted the child, she remains the child's legal parent unless a court has terminated her parental rights

If you are a stepmother seeking to adopt:

Your husband must be legally recognized as the child's father before you can adopt. This can be confirmed if:

Marriage at Birth – If the child was born during a marriage and your husband is listed as the father on the birth certificate, his parentage is typically secure

Prior Adoption – If your husband previously adopted the child, he remains the legal father unless a court has terminated his parental rights

Out-of-Wedlock Birth – If the child was born outside of marriage, your husband may still be considered the legal father if he is named on the birth certificate, acknowledged the child, signed a paternity affidavit, or later married the child's mother

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Content last reviewed: January 2026