The process of seeking a step-parent adoption begins with the filing of a petition. The petition must include, among other things, the name, birth date, and place of birth of the child and the name the child will be given, and a copy of the child’s birth certificate. The petition also has to indicate the reason the step-parent wants to adopt the child and the length of time the child and step-parent have lived together. The step-parent’s spouse typically must join the petition as well, and the parties have to provide the court with a copy of their marriage certificate.

If the child is twelve or older, they must provide written consent to the adoption. The consent of the non-spouse parent is also usually required. There are some exceptions, though, such as in cases in which the child’s paternity has not been established. The courts can waive consent in certain circumstances, however, such as when a parent’s rights have been terminated, they have been deemed incompetent by the courts and are unlikely to recover, or they have abandoned their child. If the non-spouse parent’s consent is required but not obtained, they can object to the adoption.

If a petition is filed along with the required consents and documentation, the courts will schedule a hearing on the adoption. During the hearing, the court will ask the parties questions to ensure the adoption is in the child's best interest, and in most instances, will issue a judgment of adoption. The judgment has the effect of granting the step-parent full parental rights, relieving the non-spouse parent of all parental rights and responsibilities, and terminating the legal relationships between the adopted child and the non-spouse parent’s relatives.