Can a stepparent adopt if the biological parent is deceased?

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.

Just indicate this on the questionnaire and we'll prepare everything accordingly.