In this answer · 3 sections
A contested adoption — where the biological parent actively opposes the adoption — is uncommon but does happen. Here's what to expect in California:
What "contested" means:
The biological parent has been served with the adoption petition and files a response objecting to it. This is different from simply not signing consent — a parent who doesn't respond is NOT contesting.
What happens next:
- The Superior Court schedules a hearing
- Both sides present evidence
- The judge determines whether the biological parent has maintained a meaningful relationship with the child
- If abandonment is established (12+ months, Cal. Fam. Code § 8604), the adoption typically proceeds
Our recommendation for contested cases:
- Continue using our document preparation service ($349) for all paperwork
- Also consult with a California family law attorney for court representation
- Many attorneys will provide limited-scope representation for just the hearing
Reality check: In our 25+ years, contested adoptions that actually go to a hearing are rare. Most biological parents who initially object ultimately don't follow through.
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
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 →