If the other parent is deceased
You may want to adopt the child of your spouse or domestic partner when the child's other parent is deceased. In this case, the steps you’ll take to adopt your stepchild will depend on whether the deceased parent was a presumed parent or an alleged father.
When the other parent is deceased
The process to adopt your stepchild will be slightly different depending on whether the deceased parent was a presumed parent or an alleged father.
A presumed parent usually had a relationship with the mother during the pregnancy and may continue to have a relationship with the child. They might not be the biological parent of the child, but they are someone who helped raise the child for a period of time and who the child recognizes as their parent.
If a person is a presumed parent, one or more of the following are usually true:
- They were once married to the child's other parent
- Their name is on the child's birth certificate
- They lived with the child at one time
- They have held themselves out to the public as a parent to the child
- They may have provided support to the mother during her pregnancy and afterward
- They have done everything in their power to raise the child and provide for the child
A presumed parent can also be the person who gave birth to the child.
An alleged father is any person identified by the mother (or another person) as a possible father of the child, including a person who says that he is or could be the father of the child.
An alleged father has not done any of the things that would make someone a presumed parent, such as provide for the child or appear on the child's birth certificate.
If the other parent was a presumed parent
Contact your Self-Help Center to determine how to file a certified copy of the death certificate with the court.
If the other parent was an alleged father
- Complete the Application and Order to Dispense with Further Notice of Adoption Planning
- Attach a certified copy of the death certificate
- Attach a certified copy of the child's birth certificate
You'll file the Application and Order with attachments with the Clerk. You may be able to file your Request for Adoption at the same time as the Application and Order. Check with your Self-Help Center.