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Have the other parent sign a waiver

Sometimes the child’s other parent does not object to the adoption, but does not want to be involved in the process or receive any court papers. In this situation, you can move forward if they agree to give up (waive) their right to any involvement in the process.

Before you start

To move forward in this situation, you can ask the alleged father or presumed parent to sign a form called Waiver of Right to Further Notice.

If they sign it, the adoption will most likely go forward without the other parent’s input and without giving the other parent any notice of hearings or other court matters.

Any future child support obligations will end when the adoption is finalized. Previously unpaid child support may still be due.
 

How to get a signed a waiver of right to further notice

  • Get and fill out the right form

    • For an alleged father, use Waiver of Right to Further Notice of Adoption Planning (form AD 590)
    • For a presumed parent, use Waiver of Right to Further Notice of Adoption Planning – Presumed Father (form AD 590A)
    Even though the forms appear to be for agency adoptions, they can be used for stepparent adoptions as well, as long as they are properly signed in front of a notary or other qualified witness.
     

    You can fill in the county and the information required about the child and the mother before you give it to them. Make three extra copies of the form.

  • Prepare a cover letter with instructions

    It’s a good idea to include a cover letter with the forms when you send them to the other parent. In the letter, make sure the other parent knows that they must sign in front of a notary public.

    Sample cover letter, agreement

     

    The other parent 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. 

    Some recommendations:

    • Include three copies of the completed consent form with the cover letter.  You will ask them to return two signed and notarized copies. They can keep one for their records. 
    • Request that they return the forms to you by a specific date. Usually two weeks is enough time, unless the other parent is out of town or lets you know that they are not able to get it back to you quickly. 
    • Include a self-addressed, stamped envelope and a check (or money order/cashier's check) to cover the cost of the notary to make the process easier for the other parent. 
    Notary charges can be anywhere from $10-20 per page

  • Send or deliver to the other parent

    Make sure you keep at least one copy of the form and your letter, then send or deliver it to the other parent. Make a note of the date and time you either delivered it to or mailed it to the other parent. You may wish to send it via certified or express mail in order to confirm the send date and track delivery.

    Be sure to follow up and re-send if necessary.

    If after follow up the alleged parent doesn’t respond in a reasonable amount of time (around 3-4 weeks), you can let them know you’re moving ahead with the adoption which will give them the opportunity to respond in court if they disagree.  

    If the presumed parent doesn’t respond even after you’ve followed up, you can only move forward if you have grounds to ask the court to take away their rights as a parent. Grounds can include abandonment (no communication or support for a specified time period), neglect/cruelty to child, severe disabilities due to habitual use of alcohol or controlled substances, certain felony convictions, and mental illness. Because these grounds can be complicated to prove, you should consult a Self-Help Center or lawyer.

    See further detail on all situations, including proceeding without consent.

Stepparent adoption

What's next?

illustration of a signed paper form changing hands

If the other parent signs and returns the waiver, your next steps depend on whether they are an alleged father or presumed parent.

 

 

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If the other parent doesn’t respond or won't sign the waiver, your next steps also depend on whether they are an alleged father or presumed parent. 

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