Can I adopt my stepchild who was born in another country in Nevada?

You can ask a Nevada District Court to approve a stepparent adoption of a child born in another country. How the birth abroad affects your paperwork is a point to confirm with the District Court clerk in your county or with an attorney. The rest of the Nevada process is described below.

Where it is filed: Stepparent adoptions are filed in the District Court. Nevada's major cities, such as Las Vegas, Henderson, Reno, North Las Vegas and Sparks, are each served by their county's District Court.

Residency: Nevada has no minimum residency period before you can file (NRS 127D.120(1)).

Home study: Nevada waives the home study in stepparent adoptions (NRS chapter 127D), which removes one step from the timeline.

Consent of the child: If your stepchild is 14 or older, their consent is part of the process (NRS 127D.110(1)(c)). Their consent is a separate matter from where they were born.

The other legal parent: Where the child was born does not answer the question of the other parent's rights. If that parent will not consent, Nevada looks at abandonment, which is a period of 6 months (NRS § 128.012). Termination of parental rights is handled separately. If the other parent lives abroad, cannot be located, or may object, the details depend on your facts. Talk to an attorney or the District Court clerk about that issue.

Documents for a foreign-born child:

• You will likely need the child's foreign birth certificate. Ask the District Court clerk whether the court requires an English translation or any other form of certification.
• After the adoption, ask the Nevada Office of Vital Records what it can issue for a child born outside the United States, and what the adoption order itself will serve as.

Immigration and citizenship: An adoption order and a child's immigration or citizenship status are different legal questions. If your stepchild's status is uncertain, or you hope the adoption will affect it, speak with an immigration attorney before you file. The Nevada court process does not answer that question for you.

Timeline and fees: Stepparent adoptions in Nevada typically take 3-6 months. Court filing fees vary, so the District Court clerk in your county can give you the current amount. Ask at the same time whether a foreign-born child adds any steps.

What to do next:

• Gather the child's birth certificate, your marriage certificate, and identification for each parent.
• Find out where the other legal parent is and whether they will consent.
• Call the clerk's office for any local requirements for foreign-born children.
• Consult an immigration attorney if citizenship is a factor.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Nevada county. You then file it yourself without an attorney.