What Happens When Adoptive Step Parents Divorce Biological Parents?

 Posted on January 13, 2025 in Family Law

When a parent in a blended family adopts her spouse’s biological child, the child becomes legally hers, and their relationship is recognized by the courts as the same as that of a biological child-parent relationship. Stepchild adoption can be a wonderful way to give a child a strong sense of security, establish your legal rights, and forge a strong family bond. 

What happens to that adoption if the adoptive parent and the biological parent get divorced? Does the adoptive step-parent have any less claim to a child than the biological parent after divorce? To learn more, read on and then contact a qualified Illinois family law attorney.

Legal Adoption Status

Whenever an adoption is finalized, the adopted child and adoptive parent have the same legal status as a biological child and parent. If the parents get divorced, it does not change the adoptive parent’s legal parental relationship with the child. Unless the court decides otherwise, the adoptive parent still has the same parental rights and responsibilities as before the divorce.

Divorce does not make a child "un-adopted." In fact, it is so rare for an adoption to be terminated that it only happens in extreme cases, for example, if the adoptive parent wants to relinquish parental rights. Otherwise, the adoptive parent remains the adopted child’s parent regardless of marital status.

Like any other set of married parents, in the event of a divorce, the court will approve a custody arrangement if it serves the child’s best interests. If the adoptive parent has been an active part of the child’s life, they will likely continue to be considered in the custody and visitation decisions, just like a biological parent. Adoptive parents can even be granted primary custody, in which case the child will live with them and the biological parent can have visitation rights. Likewise, if the biological parent is given primary custody, the adoptive parent will have visitation rights like any other parent would.

What Happens If the Adoptive Parent Remarries?

If a divorced adoptive parent remarries someone who wants to adopt the child, the adoption process is separate from the original stepchild adoption. Depending on the child's age, the biological parent and the child would need to consent. Regardless of the new spouse’s status, the original adoption remains intact, the adoptive parent remains the child’s legal parent, and the child’s legal rights remain unchanged.

Contact an Arlington Heights, IL Stepchild Adoption Lawyer

If an adoptive stepparent and biological parent get a divorce, it does not change the fact that those individuals are the child’s parents. Once you have adopted a child, you have legal parental rights, including custody and visitation rights, and breaking up with the child’s biological parent will not undo that. A qualified Arlington Heights, IL family law attorney from A. Traub & Associates can review your situation and explain what this might mean for you and your child. Call us today at 847-749-4182 to schedule a private consultation.