The biological parent hasn't seen my child in over a year. Can I adopt in Rhode Island?

Yes, you may be able to adopt. Rhode Island sets the abandonment period at six months (R.I. Gen. Laws § 15-7-7), and a biological parent who hasn't seen your child in over a year is past that period. Whether the Family Court finds abandonment in your case depends on your specific facts.

What the six months means. The law looks at a six-month period, and your timeline is longer than that. For questions about what counts as contact, what notice the other parent must receive, or what happens if they object, ask the Family Court clerk in your county or an attorney. The answers depend on your situation.

Where you file. Stepparent adoptions in Rhode Island are filed in Family Court. Rhode Island has five counties, and your documents are prepared for the county where you file. The clerk in your county can confirm the filing fee.

Other Rhode Island requirements that relate to your situation:

• Residency: Rhode Island has no minimum residency period (R.I. Gen. Laws § 15-7-4).
• Child's consent: A child who is 14 or older must consent to the adoption (R.I. Gen. Laws § 15-7-5(a)). If your child is close to that age, keep it in mind as you plan.
• Home study: The home-study requirement is waived for stepparent adoptions (R.I. Gen. Laws § 15-7-11).
• Separate termination case: Rhode Island does not treat termination of parental rights as a separate proceeding in this situation, so you do not need to file a second case first.

How long it takes. Stepparent adoptions in Rhode Island usually take about 3-6 months. The exact pace depends on the court's schedule and on how the other parent responds.

When to get individual guidance. If you don't know where the other parent is, if you expect them to contest the adoption, or if there has been any recent contact, talk to the Family Court clerk or an attorney about that specific issue. Each of those situations turns on its own facts, and a judge decides how they apply to your case.

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 file it yourself, without an attorney. The cost is $349 for the first child and $99 for each additional child. You receive court-ready documents within 24-48 hours after you finish the questions, backed by our 100% court acceptance guarantee. We have helped 26 Rhode Island families, and 34,000+ families nationally since 2001.