Does the other parent have to consent to stepparent adoption in Rhode Island?

No, not when he has stayed out of the picture. Rhode Island has a specific stepparent provision that lets the court approve the adoption without the noncustodial parent's consent, and six months without contact is prima facie evidence of abandonment. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent.

The stepparent provision

R.I. General Laws section 15-7-5(b) covers a child living with a natural parent and that parent's spouse (and certain grandparent petitioners). When the noncustodial parent won't consent, it points the court to the termination grounds in section 15-7-7, proved by clear and convincing evidence, along with the child's needs.

Two grounds families use most

"Prima facie" means the six months of no contact is enough, on its face, to show abandonment. Token contact (an occasional call or card) generally doesn't amount to keeping up a parental relationship. Put the full contact and support history in your file, with dates, so the gap is easy for the judge to see.

Notice and the child's consent

The Family Court's juvenile rules, Rule 36 call for service under Rule 32 when the noncustodial parent hasn't consented. That's a routine step. If he doesn't show up after proper service, the court goes forward on the statutory ground you've shown. Section 15-7-5 also requires the child's own consent at age 14 or older.

Put your packet together

Gather parentage and custody orders, a dated record of contact and support, the consents you do have, and his last-known address. If he actively contests the adoption, that's the point to bring in a local attorney.

Adult adoption uses a different consent and notice rule under section 15-7-5(a); see the adult overview. Continue with Rhode Island's guide, timeline planning, or the questionnaire.