what if bio parent says no!

What is the name of your state? C.A If the bio parent is notified that adoption is wanted and the parent says no can adoption still occur?

Which "parent" says no? Are you talking about a stepparent adoption and one bioparent does not wish to relinquish rights, or are you referring to the parent of the bioparent, if a minor?

PLEASE clarify what you are asking. In situations in which the court has terminated parental rights, no bioparent approval is required and adoption can be done.

Here is a summary of CA adoption law. You will find info on consent there.

http://www.adoptionsolutions.com/general/state laws/ca_law.htm

IF STEPPARENT WHATS TO ADOPT AND OTHER BIO-PARENT SAYS NO!

When my current husband wanted to adopt my children, the kids biological father objected. Because the courts had not terminated bio fathers paternal rights and my ex refused to relinquish his rights, my husband was not able to adopt the kids. CCP

lttlesiscal said:

IF STEPPARENT WHATS TO ADOPT AND OTHER BIO-PARENT SAYS NO!

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It all depends on the underlying circumstances. But they have to be pretty bad against the bioparent to go against his/her wishes in an adoption. Just because a stepparent wants to adopt doesn;t make it happen.

WHAT IF BIO PARENT SAYS NO

OKAY WHAT IF THE BIO-PARENT HASNT BEEN THERE IN 5 YEARS?BIO-PARENT DECIDED TO GO LIVE THEIR LIFE ELSE WEAR,AND FORGET THEY EVEN HAD A CHILD? OR WHAT IF BIO-PARENT WAS THINKING OF GIVING THE CHILD UP FOR ADOPTION BEFORE BUT THINKS DIFFERENT BECAUSE THEY DONT LIKE THE NEW STEPPARENT?

Please turn off the caps lock. In Netigette, it appears rude, as if you are shouting at us.

Lengthy seperation alone is likely not enough to forcibly terminate his rights. Has he been paying CS? If so, he has not "abandoned" the child.

And yes, he has the right to change his mind about consenting to a TPR.

Would you mind turning off your caps lock? All CAPS is the equivalent of shouting on the 'Net. Thank you.

It honestly depends on what the judge thinks of all the facts presented. Most courts are loath to terminate a parent's rights when there is even the slightest indication of wanting to be a parent. Is he paying support? Then he is still an involved parent.

You don't get to create a new family just because you picked badly the first time around.

Has bio parent been paying child support? If not, you could ASK the court to terminate parental rights, however if bio parent objects the court probably won't. On the plus side if bio parent objects and hasn't been paying child support they will probably have to start. If they have been paying support then you are probably SOL unless you can prove something really really bad. CCP

"Please turn off the caps lock. In Netiquette, it appears rude, as if you are shouting at us."

"Would you mind turning off your caps lock? All CAPS is the equivalent of shouting on the 'Net. Thank you."

LOL! Great Minds, Stealth.......

"Has he been paying CS? If so, he has not "abandoned" the child."
*** Next, as discussed on another thread, there is simply no such thing as a non-custodial parent 'abandoning a child', whether support is paid or not. Simply, there is no legal obligation for the non-custodial parent to be in the childs life at all...... and therefore, no way that parent can abandon (something that isn't required).

Bio-parent has never paid a dime! nor has the bio-parent ever seen the child.as far as the child knows the other bio-parent does not exist.step-parent is father. I dont understand how someone who never cared or been there have a say just because they share the same genes?

Sorry, JETX, I was not using the precise language I should have. I should have merely said that he has not walked away from HIS legal obligations if he is paying any court-ordered CS.

"Bio-parent has never paid a dime! nor has the bio-parent ever seen the child.as far as the child knows the other bio-parent does not exist.step-parent is father. I dont understand how someone who never cared or been there have a say just because they share the same genes?"
*** Sorry, but NONE of that matters. The law clearly gives EQUAL parental rights to BOTH biological parents..... until such time as the parent voluntarily gives up that right.... or the court orders it.

JETX said:

*** Sorry, but NONE of that matters. The law clearly gives EQUAL parental rights to BOTH biological parents..... until such time as the parent voluntarily gives up that right.... or the court orders it.

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Jetx - not to disagree with you...but the CA adoption statutes do NOT require the NCP's consent for adoption in a few situations, including the case of abandonment. See excerpt from CA Adoption Law below (from link nextwife posted):

"No consent is required in the following circumstances:
1. one parent has been awarded custody and the other parent has not communicated with nor paid support and care of the child for 1 year, then the custodial parent alone may consent, as long as the noncustodial parent is given notice of the hearing;
2. when parental rights have been terminated or the parent has voluntarily given up his or her rights to the child;
3. when the parent has deserted the child; or
4. when the parent has given up the child for adoption by relinquishing rights to the Department or a licensed agency."

-Christina