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What are my options?

Respond to stepparent adoption documents

You may have been contacted directly about a stepparent adoption or you may have been served with papers informing you of a proposed adoption. In both cases you have certain rights and may have additional options if you agree/consent or do not agree/consent to the stepparent adoption.

Agree/consent to a stepparent adoption request

If you agree with the stepparent adoption, there are different options for you, depending on your situation, such as:

  • You can sign a consent form
  • You can sign a form indicating you consent and do not want to receive any more paperwork from the court
  • If you do not believe you are the child's father, you can sign a Denial of Paternity form. This form will allow the adoption to go forward.

Any of these forms must be signed in the presence of a notary. You must then return the properly-signed consent form to whomever sent it to you.

You can also sign the forms in front of a clerk of a California Superior Court, a probation officer, a court investigator, or in some cases, a county welfare staff member. 

Object to a stepparent adoption request

If you do not consent to the stepparent adoption, you have certain rights. How you object depends on whether you are a presumed parent or alleged father.

A presumed parent usually had a relationship with the mother during the pregnancy and may continue to have a relationship with the child. They might not be the biological parent of the child, but they are someone who helped raise the child for a period of time and who the child recognizes as their parent.

If a person is a presumed parent, one or more of the following are usually true:

  • They were once married to the child's other parent
  • Their name is on the child's birth certificate
  • They lived with the child at one time
  • They have held themselves out to the public as a parent to the child
  • They may have provided support to the mother during her pregnancy and afterward
  • They have done everything in their power to raise the child and provide for the child

A presumed parent can also be the person who gave birth to the child.
 

An alleged father is any person identified by the mother (or another person) as a possible father of the child, including a person who says that he is or could be the father of the child.

An alleged father has not done any of the things that would make someone a presumed parent, such as provide for the child or appear on the child's birth certificate.

  • If you are a Presumed Parent

    If you are served with the Adoption Request, you can file an official Objection with the court where the adoption request has been filed or you can show up at the adoption hearing and tell the Judge that you object. You also can do both.

     

  • If you are an Alleged father

    If you do not agree/consent to the stepparent adoption, you must file an objection and attend a court hearing to ask the court to keep your parental rights. Since this is a very serious matter, the court may not proceed with the adoption until you have a chance to go to court and tell your side of the story. If you do nothing, it is possible the court will go forward with the adoption without any further notice to you. It is important that you let the court know if you object.

Respond to a petition to free the child from parental custody and control (FFPCC)

If you were served with a petition to free the child from parental custody and control (FFPCC) and/or a Citation with a court date, someone wants to adopt your child. If you do not consent to adoption, you must contact the court immediately.

You should file a Response as soon as possible and appear at the hearing to voice your objection. The Court may then set another court date, which will be a trial date. At that time, the Court will hear testimony and other evidence.

You should hire an attorney to represent you as soon as possible.  If you cannot afford an attorney, the court (once you voice your objection) may appoint an attorney to represent you at no cost to you.

Respond to a Notice of Alleged Paternity

If you have received a Notice of Alleged Paternity, someone wants to adopt your child. If you do not consent to adoption, you must contact the court immediately.

The Notice usually provides you with 30 days to let the court know of your objection. The court address should be on the Notice. That court address is where you should send your objection.

If you send an objection or appear at the hearing, the court will want additional information. Learn more

If you send an objection or appear at the hearing, the Court will want to obtain the following information from you or the other parent:

  • Whether there are any facts or information that could elevate your status to a presumed father
  • Whether you are claiming parental rights
  • Whether there has ever been a determination that you are the biological father in any other court or jurisdiction and if so, proof of that finding
  • What efforts you have made to obtain custody of the child
  • Whether the child ever lived with you
  • Whether there was ever a child support order or visitation order in any other court

The Court may then determine if it is in the best interest of the child that you retain your parental rights or that it is in the child’s best interest that the adoption proceed

You should hire an attorney to represent you.  If you cannot afford an attorney the Court may appoint one to represent you once you have filed an objection or appeared at court to object.

You must do something if you do not agree with the adoption and you want to retain any parental rights you have.  You cannot simply disagree with the adoption. You must let the court know that you disagree and want to participate in raising your child.
 

 

Stepparent adoption

What's next?

If you do not consent to the adoption, you'll want to get legal help or reach out to your Self-Help Center for help.