In this answer · 2 sections
Yes, and the process is typically simpler when the biological parent is deceased.
What's different:
- No need for consent or abandonment proceedings
- No service of process on the deceased parent
- No waiting for a response period
- Timeline is often shorter
What's needed:
- Certified copy of the death certificate
- Standard adoption petition
- Background check for the adopting stepparent
- Home study (if required in your state)
Important: The child already has only one living biological parent (your spouse), so the adoption gives them a second legal parent — providing inheritance rights, medical decision-making, and security if anything happens to your spouse.
Cost: Same $349 document preparation fee. Total cost may be lower since service of process isn't needed.
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