What if the biological father wont sign the consent?
This is actually the most common situation we help families with — and it's completely okay.
Here's the important fact: Over 80% of the 34,000+ adoptions we've completed were finalized WITHOUT the other parent's consent. The court is very familiar with this and actually wants the child to have the security and unity of a two-parent home.
## How It Works in Rhode Island
If the biological father has abandoned the child — meaning no meaningful contact for 12 months (R.I. Gen. Laws § 15-7-7) — the court will approve the adoption without his consent.
Important clarifications:
- "Token contact" doesn't count. An occasional phone call or one random visit in 12 months is not meaningful contact.
- Child support payments don't negate abandonment. Abandonment is about the relationship with the child, not money.
- The court looks at the whole picture: Is he actively involved in the child's life? Or has he essentially abandoned his parental role?
## What Happens Next
If he won't sign and has abandoned the child, you'll file what's called an abandonment affidavit instead of a consent form. This is a sworn statement documenting the lack of meaningful contact. We prepare this document for you as part of your adoption package.
The court reviews the evidence and, if abandonment is established, proceeds with the adoption. The biological father's refusal doesn't stop the process — it actually makes his abandonment clearer to the court.
## What If You Don't Know Where He Is?
Also very common. He'll be served by publication — a legal notice published in a newspaper. We help you through this process. It's fairly straightforward.
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Don't worry. The court sees these situations every day and is enthusiastic about stepparent adoptions. His refusal to be involved actually strengthens your case that the child deserves a committed, present parent — which is exactly what your family is providing.
Do you know if there's been any meaningful contact in the past 12 months, or has he been mostly absent?
Ready to start your stepparent adoption?
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