Can a stepparent adopt without the father's permission in Rhode Island?

Yes, it can be possible. In Rhode Island, the Family Court can move forward without a father's permission when it finds he has abandoned the child. The abandonment period is six months (R.I. Gen. Laws § 15-7-7). Whether your child's father meets that standard depends on the facts of your family.

What Rhode Island's law says about abandonment:

• The abandonment period is six months, under R.I. Gen. Laws § 15-7-7.
• The Family Court decides whether a father's situation counts as abandonment. What kinds of contact or support matter, and how a father must be notified, are best confirmed with the Family Court clerk in your county or with an attorney.
• If the father contests the adoption, or you don't know where he is, the outcome turns on specific facts. An attorney can advise you on that issue.

Other Rhode Island requirements that relate to your case:

• Court: Stepparent adoptions of minor children are filed in the Family Court. Rhode Island has five counties, and you will work with the court in the county where you file.
• Residency: Rhode Island sets no minimum number of months of residency. The residence rules are in R.I. Gen. Laws § 15-7-4, and the clerk can confirm how they apply to you.
• Child's consent: A child who is 14 or older must consent to the adoption (R.I. Gen. Laws § 15-7-5(a)).
• Home study: Rhode Island waives the home study in stepparent adoptions (R.I. Gen. Laws § 15-7-11).
• Timeline: Stepparent adoptions in Rhode Island take about 3-6 months.
• Filing fee: The Family Court sets its filing fee, so ask the clerk in your county for the current amount.

Where to start: Think through the father's history with your child. When did he last have contact? Do you know where he lives? Has he said anything about the adoption? These are the facts the court will look at in deciding whether the six-month abandonment period applies. If you are unsure how they fit, or if he may object, talk with the clerk or an attorney about your specific circumstances before you file.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The cost is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and they are backed by our 100% court acceptance guarantee. We have helped 26 Rhode Island families, and more than 34,000 families nationally since 2001.