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Can both biological parents' rights be terminated for stepparent adoption?

1 min readHelping families since 2001State requirements vary
In this answer · 2 sections

No — in stepparent adoption, only ONE biological parent's rights are terminated. Here's how it works:

The structure of stepparent adoption:

  • Your spouse (the child's biological parent) KEEPS their parental rights
  • The OTHER biological parent's rights are terminated
  • You (the stepparent) gain parental rights in place of the terminated parent
  • Result: The child has two legal parents — your spouse and you

This is different from traditional adoption, where BOTH biological parents' rights are terminated and the child is placed with entirely new parents.

Why this matters:

  • Your spouse doesn't have to "give up" their child
  • The adoption adds YOU as a parent, it doesn't replace both existing parents
  • The family structure stays the same — it just becomes legally official

If BOTH biological parents are absent: This would be a different type of adoption (not stepparent adoption). Contact us to discuss — we handle various adoption types.

For standard stepparent adoption: $349 | Phone: (855) 924-0450 | Start: stepparentadoption360.com/portal/register

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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