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Stepparent Adoption in Nevada

Reviewed by DocDraft Legal Team - Nevada - Last updated October 6, 2026

Nevada treats a stepparent adoption as a close-family adoption under NRS Chapter 127D, because NRS 127A.140 counts a stepparent within the third degree of consanguinity. The petition goes to the district court, which is the family court division in Clark and Washoe counties (NRS 3.223), and the parent married to the stepparent joins as a joint petitioner (NRS 127D.120(1)). The other living parent must sign a specific consent to adoption under NRS 127D.130 unless that parent's rights have been terminated by court order or the parent has died (NRS 127D.140). Nevada has no separate consent bypass: if the other parent will not sign, the stepparent petitions under NRS Chapter 128, and the court can terminate only on clear and convincing evidence (NRS 128.090) that termination serves the child's best interests and that the parent's conduct showed at least one ground in NRS 128.105, such as abandonment, which is presumed when a parent leaves the child in another's care and custody without provision for support and without communication for 6 months (NRS 128.012), after notice of the hearing is personally served or published by court order (NRS 128.060 and 128.070). A child over the age of 14 years must agree to the adoption (NRS 127D.110).

Find out where you stand in Nevada

Where are you with adopting your stepchild?

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How are the other parent's rights ended in a Nevada stepparent adoption?

By a specific consent or a Chapter 128 termination order. After personal service or court-ordered publication, the court needs clear and convincing evidence that termination serves the child's best interests and an NRS 128.105 ground, such as abandonment, presumed when the parent leaves the child in another's care and custody for 6 months without provision for support and without communication.

Which court and which form are used for a stepparent adoption in Nevada?

File in the district court of any Nevada county (NRS 127D.120(1)); in Clark and Washoe counties that is the family court division (NRS 3.223). The Nevada Supreme Court Self-Help Center publishes a Petition for Minor Child Adoption, a parent consent form and an Order of Minor Child Adoption. Clark and Washoe also run their own self-help centers.

Is a home study required for a stepparent adoption in Nevada?

NRS Chapter 127D, which governs close-family adoptions such as a stepparent adoption, contains no home study or post-placement investigation requirement like the one NRS 127C.390 sets for agency and identified adoptions. In a termination case, NRS 128.040 lets the court order an investigation at any stage. Ask the clerk what your judge expects.

At what age must the child consent to a stepparent adoption in Nevada?

Under NRS 127D.110(1)(c), if the child is over the age of 14 years, the child must agree to the adoption. The Self-Help Center's consent form is titled for a child 14 or older, so ask the clerk how your court applies the age. The court may waive the child's attendance at the hearing for good cause (NRS 127D.250(2)).

Nevada's close-family adoption chapter, the district court, and termination under NRS 128

Nevada rewrote its adoption law into NRS Chapters 127A to 127E, and a stepparent adoption now falls under Chapter 127D as a close-family adoption: NRS 127A.075 defines that as an adoption where a petitioner or the petitioner's spouse is related to the child within the third degree of consanguinity, and NRS 127A.140 lists a parent and a stepparent within that degree. The petition is filed in the district court of any county (NRS 127D.120(1)), which in Clark and Washoe counties is the family court division with exclusive jurisdiction over Chapters 127D and 128 (NRS 3.223). Each living parent must sign a specific consent to adoption (NRS 127D.130), acknowledged before a judge, court clerk, notary or justice of the peace and attested by two disinterested witnesses (NRS 127D.160), and it cannot be revoked by the parent who signs it (NRS 127D.190(4)). Consent is not needed where parental rights have been terminated by court order or the parent has died (NRS 127D.140). Nevada has no separate consent bypass, so when the other parent will not sign, the stepparent files a petition under NRS Chapter 128. After notice is personally served under NRS 128.060, or published for 4 weeks when the court orders it under NRS 128.070 because the parent cannot be found after due diligence, the court must find by clear and convincing evidence (NRS 128.090(2)) that termination serves the child's best interests and that the parent's conduct showed at least one NRS 128.105 ground: abandonment, neglect, unfitness, risk of serious injury, only token efforts to support or communicate with the child, or the other listed grounds. Abandonment is presumed when a parent leaves the child in the care and custody of another without provision for the child's support and without communication for 6 months (NRS 128.012(2)). Chapter 127D sets no home study requirement, and a child over the age of 14 years must agree (NRS 127D.110). The Nevada Supreme Court Self-Help Center publishes a Petition for Minor Child Adoption and a Petition to Terminate Parental Rights.

Relevant Laws

NRS 127D.130 and 127D.140 (Consent to a close-family adoption)

Except as provided in NRS 127D.140, a specific consent to adoption or relinquishment is required from each parent of the child who is alive and any court-appointed legal guardian. Consent is not necessary where parental rights have been terminated by court order, on the parent's death, or by operation of another state's birth father registry.

NRS 128.105, 128.012 and 128.090 (Termination of parental rights)

Termination requires a finding that the child's best interests would be served and that the parent's conduct demonstrated at least one listed ground, including abandonment, neglect, unfitness, risk of serious injury, or only token efforts to support or communicate with the child. Abandonment is presumed after 6 months without provision for support and without communication. Facts must be shown by clear and convincing evidence.

NRS 127A.075, 127A.140 and 127A.250 (Close-family adoption and its effect)

Defines a close-family adoption as one where a petitioner or the petitioner's spouse is related to the child within the third degree of consanguinity, which includes a parent and a stepparent, so Chapter 127D applies rather than the home study and investigation rules of Chapter 127C. NRS 127A.250 sets the effect of the adoption order on parental rights and inheritance.

Nevada Supreme Court Self-Help Center: Adoption and Termination of Parental Rights Forms

Publishes the Petition for Minor Child Adoption, the parent's Consent to Terminate Rights and Child Adoption, the Consent to Child Adoption for a child 14 or older, the Order of Minor Child Adoption, and the Petition to Terminate Parental Rights with service and publication forms. Clark and Washoe counties have their own self-help forms.

Regional Variances

Nevada stepparent adoption requirements

Court

District court of any county in Nevada (NRS 127A.200 and 127D.120(1)). In judicial districts with a county of 100,000 or more, such as Clark and Washoe, the family court division has original, exclusive jurisdiction over Chapters 127D and 128 (NRS 3.0105 and 3.223).

Petition form

Petition for Minor Child Adoption, published by the Nevada Supreme Court Self-Help Center with a Family Cover Sheet and an Order of Minor Child Adoption. Clark and Washoe counties have their own self-help forms. Contents are set by NRS 127D.230.

Other parent's consent

Specific consent to adoption from each living parent (NRS 127D.130), in writing, acknowledged before a judge, court clerk, notary or justice of the peace and attested by two disinterested witnesses (NRS 127D.160). Not revocable by the signer (NRS 127D.190(4)). The parent married to the stepparent joins as a joint petitioner (NRS 127D.120(1)).

Proceeding without consent

No consent bypass; consent is excused only if parental rights were terminated by court order or the parent has died (NRS 127D.140). Termination under NRS Chapter 128 requires notice personally served (NRS 128.060) or published by court order (NRS 128.070), and clear and convincing evidence (NRS 128.090(2)) that termination serves the child's best interests AND that the parent's conduct showed at least one NRS 128.105(1)(b) ground: abandonment, neglect, unfitness, risk of serious injury, only token efforts to support or communicate with the child, abandonment by that one parent, or conception from a sexual assault for which the parent was convicted. Abandonment means conduct that evinces a settled purpose to forego all parental custody and relinquish all claims to the child (NRS 128.012(1)); it is presumed after the parent leaves the child in another's care and custody for 6 months without provision for support and without communication (NRS 128.012(2)).

Home study

Chapter 127D, which governs close-family adoptions, has no home study or post-placement investigation requirement; the NRS 127C.390 investigation applies to agency and identified adoptions. In a termination case the court may order investigations at any stage (NRS 128.040).

Residency or waiting period

No waiting period after placement and no minimum marriage length in Chapter 127D. A Nevada district court order is required if Nevada is the child's home state, meaning the child lived here at least 6 consecutive months before the case, or was within 6 months before it began (NRS 127D.100).

Child's consent age

If the child is over the age of 14 years, the child must agree to the adoption (NRS 127D.110(1)(c)). The Self-Help Center's consent form is titled for a child 14 or older.

Suggested Compliance Checklist

Decide how the other parent's rights will end

Before filing days after starting

Ask for a specific consent to adoption first. If the other parent will not sign, plan a Petition to Terminate Parental Rights under NRS Chapter 128. After notice is personally served or published by court order, the court must find by clear and convincing evidence that termination serves the child's best interests and that the parent's conduct showed an NRS 128.105 ground, such as abandonment, presumed when the parent leaves the child in another's care and custody for 6 months without provision for support and without communication (NRS 128.012). Gather contact and support records.

File the Petition for Minor Child Adoption in district court

At filing days after starting

File with the district court clerk, or the family court division in Clark or Washoe County, with your spouse as a joint petitioner and a Family Cover Sheet. Include the statements NRS 127D.230 requires, including whether you have reason to know the child is an Indian child. Ask the clerk about the filing fee and local forms.

Serve the other parent or request publication

Before the termination hearing days after starting

Have the notice of hearing personally served under NRS 128.060 and file proof of service. If the parent cannot be found after due diligence, file an affidavit and ask for an order to serve by publication once a week for 4 weeks (NRS 128.070). If you or the child receive public assistance, mail notice to the Child Support Enforcement Program at least 45 days before the hearing (NRS 128.060(3)).

Gather the signed consents

Before the adoption hearing days after starting

Collect the other parent's specific consent unless rights are terminated, acknowledged before a judge, clerk, notary or justice of the peace and attested by two disinterested witnesses (NRS 127D.160), and the agreement of a child over the age of 14 years (NRS 127D.110). Your spouse joins the petition.

Confirm the child's new name and update records

After the adoption order days after starting

Make sure the order states the child's new name under NRS 127D.260, prepare the report of adoption for the State Registrar under NRS 127D.280 so a new birth certificate can be issued, and order certified copies for schools, Social Security and passports. A separate name change petition is needed only for changes outside the adoption.

Document: name-change-petition

Frequently Asked Questions

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