Moving forward after divorce often means accepting new people in your child’s life. You and your ex-spouse will find love again and might even remarry. Stepparents can become a fantastic source of love, support and stability for your child. But as your ex-spouse’s new partner forms meaningful bonds with your child, you may start to wonder about the possibility of stepparent adoption.
Your rights as a biological parent
California law recognizes your fundamental right as a parent. No stepparent can adopt your child without your explicit consent. This stays true regardless of how close they become with your child. Your rights remain intact unless you voluntarily terminate them or a court finds serious grounds to end them.
When courts might allow adoption without consent
California courts may permit stepparent adoption without your agreement in limited situations. If you are a noncustodial parent, the adoption can push through if you abandon your child for at least a year. Your active involvement in your child’s life safeguards your rights as a parent.
What counts as abandonment
Missing occasional visits doesn’t immediately mean abandonment. You likely get consideration for occasional missed days, especially if you have a good reason. Instead, courts look for deliberate disengagement from parental duties over an extended period. This includes:
- Not providing financial support when you can do so
- No meaningful contact or communication with the child
- Proven cases of severe abuse or neglect
The court respects your parental rights unless compelling evidence suggests otherwise.
Protecting your parent-child relationship
Your rights as a biological parent remain strong under California law unless you voluntarily give them up. What’s important is you stay involved in your child’s life. As long as you fulfill your responsibilities and love your child, you shouldn’t worry about losing your parental rights to your ex-spouse’s new partner.
If your ex-spouse tries to pressure you or insists on pursuing adoption without your agreement, it may be time to seek advice from a family law attorney.