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Minnesota recognizes really two kinds of adoption. The first is what we call stepparent adoption, and this would be an opportunity for a subsequent spouse to adopt a child of that spouse. Typically, that would involve terminating the parental rights of the other parent is of the gender that is going to be replaced by the new spouse and simultaneously at that same preceding, that new individual adopting the child. The government’s interest is ensuring that children are cared for, and protected, and loved. And so, it goes through an extensive evaluative process to ensure that that adoption’s in the child’s best interest and then the court then must determine how that adoption will benefit the child in the long run and ensure that the custodial rights of the birth parent are being protected as well. And so that – it’s a real balancing act because this is a court of equity. They want to make sure that everybody’s interests are well protected.
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Minnesota family law attorney, Marc Johannsen, explains how a new spouse can adopt a child from a former spouse or partner.