The adoption journey tends to include some bumps along the road. In a relatively simple case, where the bio parents agree to the adoption, it can be a fairly smooth process. However, a contested adoption can be challenging. A birth mother who changes her mind and decides to keep the baby is not contesting an adoption, but a biological parent who files an objection to an adoption that has already been filed is contesting that adoption. The would-be adoptive parents can step away and start the process over, but they can also go to court and try to complete the adoption in spite of the biological parents’ objections. Contested adoptions can take months and they can be emotionally difficult. Should you pursue such an adoption anyway?
Moms or dads?
Statistically speaking, the most common situation for contested adoptions is a birth father refusing to allow the adoption of his biological child. He may object to a stepfather filing for stepparent adoption, or he may find out from a notification that his sexual partner (or former sexual partner) is placing his baby for adoption.
However, a birth mom may find herself in the same situation. in fact, a recent case in the UK came up when a surrogate mother contested the stepparent adoption by the wife in the couple she had planned the surrogacy for. She was unhappy with the degree of contact the couple was willing to allow, and by contesting the adoption she was able to keep the baby in spite of the wishes of the biological father.
Do you have to prove the contesting parent is unfit?
Again just looking at statistics, contested adoptions tend to be decided in favor of the would-be adoptive parents in cases of abandonment, neglect, or unfitness as a parent. All parties go to court and both sides have the chance to present their case for why they should have legal rights as parents of the child.
If the contesting parent has not supported or connected with the child, or can be shown to be unfit, he will usually lose his parental rights. Sometimes the would-be adoptive parent will choose not to go through the difficult — and potentially traumatic for the child — process of working to prove that the child’s dad is an unfit parent.
If neither parent is deemed unfit and neither has abandoned the child, the court must decide based on the child’s best interests. If the child is old enough, the judge will often have a private conversation and ask which parent the child would like to live with. The judge will also consider any evidence about the relationships between the child and the contesting parents, including the stepparent if that’s the situation.
If the contesting parent is not ruled unfit but the adoption is finalized, the contesting parent will still lose his parental rights.
What happens if the adoption does not succeed?
A best interests hearing for a contested adoption is not the same as a custody hearing. If a stepparent adoption is contested and does not go through, the child will generally continue to live with the custodial parent and her spouse. The husband in this case will not be the child’s stepfather in legal terms, but may still continue to provide a father figure for the child. Adult adoption may be a good choice for the future.
If the father is successful in blocking an adoption but the mother does not want to keep the child, the father will not automatically have custody of the child. It would be unusual for a father who is unwilling to parent the child to contest an adoption successfully, but it could happen. In that case, the birth mother can still relinquish the baby, but the child might go into foster care. This is a messy situation, but the would-be adoptive parents could continue to pursue the adoption. The foster system would try to reunite the child with the father or with another relative, but the child might become available for adoption again and the would-be adoptive parents could file for adoption again.
You need a lawyer
Frankly, you need an experienced adoption lawyer for any adoption. For a contested adoption, there is no question. This is a difficult legal situation and it should never be addressed without the services of a qualified adoption attorney. Justin Heimer of Heimer Law is just such an attorney. Call (479) 225.9725 or fill out our inquiry form for help.
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