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

Yes, you can ask the Minnesota District Court to adopt both stepchildren, but each child's adoption turns on that child's own father, so the father who doesn't consent is the part that needs careful attention. Whether the court will go ahead without his consent depends on the facts of your case.

How the two fathers differ

• The father who consents: His written consent is part of the paperwork for that child's adoption.
• The father who doesn't consent: Minnesota's abandonment provision, Minn. Stat. § 260C.301, uses a 6-month period. Whether his situation fits that provision, or whether he is actively objecting, is a question about your specific facts. If he contests the adoption, talk to a Minnesota family law attorney about that issue.
• No separate termination case: Minnesota does not treat termination of a parent's rights as its own separate proceeding in this data set. It is addressed within the adoption process.

Things that apply to both children

• Court: Your petition goes to the District Court in your county. Minnesota has 87 counties, and the clerk in yours can tell you whether to file both children's petitions together and what the filing fees are.
• Child's consent: The age for a child's own consent is 14 (Minn. Stat. § 259.24). If either child is 14 or older, plan for that child's consent as well.
• Home study: It is waived in stepparent adoptions (Minn. Stat. § 259.41), so you don't need to plan for one.
• Residency: The general rule is 1 year of Minnesota residency (Minn. Stat. § 259.22). The court may shorten it to 30 days, and it may waive it for a stepparent.

Timeline

Stepparent adoptions in Minnesota typically take 3-6 months. A father who does not consent can change that, because the court has to look at his situation. The clerk or an attorney can tell you what to expect in your county.

What to gather before you start

• Each child's full legal name and date of birth.
• Each biological father's name and last known address.
• Your best account of when each father last had contact or provided support.
• The marriage date between you and the children's parent.

Writing the facts down for each father separately helps. One father's situation doesn't have to match the other's, and the paperwork should reflect that.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online about each child and each father, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child.