Is A Stepparent A Legal Parent In Oregon?

When a parent marries someone other than the child's parent, the new spouse does not automatically become the child's legal parent. A legal parent may be a biological parent, adoptive parent or legal guardian. A legal parent has the right to make decisions about the child's care, custody, and control. Upon marriage, the stepparent is not a legal parent. However, a stepparent can become a legal parent in Oregon by adopting the stepchild.

In Oregon, the adoption of a stepchild by a stepparent is called an independent adoption. This form of adoption is a non-departmental adoption because the child to be adopted is not in the custody of the Oregon Departmental of Human Services. The stepparent must file a petition to seek the adoption of the stepchild. The stepparent must have consent to adopt the stepchild from the parents, legal guardian, next of kin, or a court-appointed guardian of the child. If the stepchild is fourteen years old or older, the stepparent needs additional consent from the child to adopt them. Once the court grants a judgment that the stepparent has legally adopted the stepchild, the stepparent becomes the legal parent.