What Happens If a Stepparent Adoption Is Contested in California?
Most stepparent adoptions are joyful, straightforward legal processes—but not all of them. Sometimes, the other biological parent refuses to consent, even if they’ve been absent for years. If you’re wondering what happens in this situation, you’re not alone.
At The Law Office of Chirnese L. Liverpool, we’ve helped countless Los Angeles families navigate contested adoptions with clarity and compassion.
Here’s what you need to know.
What Does “Contested” Mean?
A stepparent adoption becomes contested when the noncustodial biological parent:
Refuses to consent to the adoption
Appears in court to object
Or files documents opposing the petition
A contested adoption doesn’t mean you’ve hit a wall—it just means the court will take extra steps before deciding whether to terminate the other parent’s rights.
Can You Still Adopt Without Consent?
Yes. In California, you can move forward without the other parent’s consent if:
They’ve had no contact with the child for over a year
They’ve not provided financial support
They cannot be located despite reasonable efforts
These criteria fall under California Family Code §8604, which allows for involuntary termination of parental rights under certain circumstances.
What Happens at the TPR Hearing?
If the case proceeds without consent, you’ll attend a Termination of Parental Rights (TPR) hearing.
At that hearing:
The court will review evidence (witness testimony, support records, etc.)
If the other parent doesn’t appear after being properly served, the court may enter a default judgment
If they do appear, they’ll be assigned an attorney and the case may go to trial
We’ll prepare you for both possibilities.
What If the Other Parent Can’t Be Found?
If you don’t know where the other parent is, we’ll start by hiring a skip tracer to search for them. If they still can’t be located, we can file for service by publication, meaning we publish notice of the hearing in a newspaper.
This keeps your case compliant and moving forward.
You’re Not Alone
Contested adoptions are stressful—but with the right support, they’re entirely manageable. We handle the court filings, the research, the hearings, and the stress—so you can focus on your family.
📥 Need clarity on your options? Download our free checklist for LA stepparent adoptions.
📞 Ready to talk? Book a consultation with Attorney Chirnese L. Liverpool at (818) 714-2200