§ 48-4-101. Who may file a petition to adopt a minor stepchild.
§48‑4‑101. Who may file a petition to adopt a minor stepchild.
A stepparent may file apetition under this Article to adopt a minor who is the child of thestepparent's spouse if:
(1) The parent who isthe spouse has legal and physical custody of the child, and the child hasresided primarily with this parent and the stepparent during the six monthsimmediately preceding the filing of the petition;
(2) The spouse isdeceased or incompetent but, before dying or being adjudicated incompetent, hadlegal and physical custody of the child, and the child has resided primarilywith the stepparent during the six months immediately preceding the filing ofthe petition; or
(3) For cause, the courtpermits a stepparent who does not meet the requirements of subdivisions (1) and(2) of this section to file a petition. (1995, c. 457, s. 2.)