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

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/questionnaire