Do I need the biological father's consent for stepparent adoption in Rhode Island?

Not necessarily. In Rhode Island, the biological father can give his consent, and if he has abandoned the child, the adoption may be able to go forward without it. The abandonment provision, R.I. Gen. Laws § 15-7-7, uses a six-month period.

If he agrees. A father who supports the adoption can sign a consent. That gives the Family Court a clear record that he is on board, and it usually makes for a simpler process.

If he doesn't agree or isn't involved. Section 15-7-7 is the Rhode Island provision on abandonment, and it looks to a six-month period. Whether your situation fits depends on your particular facts, such as the history of contact and support. The court decides that, not you or us. If he objects, or if you don't know where he is, ask the Family Court clerk in your county or an attorney about your specific situation.

Termination of his rights. In Rhode Island, termination is not a separate proceeding for a stepparent adoption. It is addressed within the adoption case itself.

Other consents to know about.

• If your child is 14 or older, the child's own consent is required under R.I. Gen. Laws § 15-7-5(a).
• Whether anyone else must be notified or must consent in your situation is something the Family Court clerk or an attorney can confirm.

Other Rhode Island basics.

• Court: Stepparent adoptions for minor children are filed in Family Court.
• Residency: Rhode Island has no minimum residency period under R.I. Gen. Laws § 15-7-4.
• Home study: It is waived for stepparent adoptions under R.I. Gen. Laws § 15-7-11.
• Timeline: Stepparent adoptions typically take 3-6 months.
• Filing fee: The Family Court clerk in your county can tell you the current amount.

Questions to settle before you file.

• Is the father willing to sign a consent?
• If not, what has his contact with your child looked like over time?
• Do you know where he is?
• Is your child 14 or older?

If you can answer these, you'll be better prepared to talk with the clerk or an attorney. That conversation is especially worthwhile if there is any chance the father will contest the adoption.

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.