In this answer · 3 sections
Your question, explained
The same process applies regardless of whether it's the biological mother or father who refuses. Over 80% of our adoptions proceed without the other parent's consent.
If the biological mother has abandoned the child:
- No meaningful contact for 12+ months constitutes abandonment under Cal. Fam. Code § 8604
- "Token contact" (an occasional call or text) does not negate abandonment
- Paying child support does not negate abandonment
- The Superior Court can terminate her rights based on abandonment
If the biological mother is present but refuses consent:
- This is a more complex situation
- The court evaluates her actual involvement with the child
- If she has been marginally involved, the case can still proceed
- If she is actively involved, this may require a contested hearing
The process:
- We prepare an abandonment affidavit documenting the mother's absence
- She is served with the adoption petition
- She has a set period to respond
- If she does not respond, the adoption proceeds
- If she responds and contests, a hearing is scheduled
In California, termination can be handled within the adoption proceeding.
Cost: $349 | Timeline: 3 months | Call (855) 924-0450
Stepparent adoption in California at a glance
- Court
- Superior Court
- Residency before filing
- Must be actual residents of California; no specific duration required
- Typical timeline
- 3 months
- Court filing fee
- $200-$500
- Child must consent at age
- 12
- Home study
- Usually waived for stepparents
- California families we've helped
- 1,219
Published by Douglas Brown & the StepParent Adoption 360 team
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
Get to know our team →