One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Massachusetts?

Yes, you can pursue adoption of both stepchildren in Massachusetts, but the father who does not consent makes that child's case depend on the facts of his situation. Each child's adoption looks to that child's own lawful parents, so one father's consent does not decide the other child's case.

Child with the consenting father: Under M.G.L. c. 210 § 2, the lawful parents must give written consent. When that father signs, this child's paperwork is straightforward. Stepparent adoptions in Massachusetts typically take about 3-6 months, and the petition is filed in the Probate and Family Court.

Child with the non-consenting father: Because § 2 calls for the lawful parents' consent, a father who refuses creates a real question for the court. Massachusetts has no fixed number of months that counts as abandonment under M.G.L. c. 210 § 3. The question turns on the parent's overall conduct. So being out of touch for a certain length of time does not automatically settle it, and a father who is involved or has stayed in contact may be treated very differently from one who has not.

If he contests the adoption, the outcome depends on specific facts. That is the point to talk with an attorney about your situation. The Probate and Family Court clerk in your county can also explain how a contested case is handled procedurally, and whether filing both petitions together or separately makes sense. The 3-6 month timeline above is for stepparent adoptions generally, so ask the clerk or an attorney how a disputed case may affect timing.

Your children's own consent: If either child is above age 12, M.G.L. c. 210 § 2 requires that child's written consent too. With stepchildren at different ages, check each child separately.

Things to gather for each child:

• The child's birth information and the identity of each legal parent
• The consenting father's signed written consent
• Any history showing the other father's contact, support and involvement, since his overall conduct is what matters under M.G.L. c. 210 § 3
• Your own information as the adopting stepparent, along with your spouse's

Where we fit in: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, we prepare the complete court document package for your county, and you file it yourself without an attorney. Court-ready documents arrive within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, and we back the work with a 100% court acceptance guarantee. We have helped 162 Massachusetts families, and more than 34,000 families nationally since 2001. If the second father contests, we prepare your documents, but you would want an attorney's guidance on the contested issue