Contested adoptions can be scary, stressful, and downright emotional for everyone involved.
Birth parent objecting to the placement, fighting for custody, turning it into an all-out legal battle… It happens. Knowing what to expect from a contested adoption is important.
Here’s the problem…
Unless you’ve dealt with this situation before, you’re likely going into it blindly. And that can cost you precious time, money, and your desired result.
The best thing you can do? Get a family law consultation ASAP. Attorneys will know contested adoption cases inside and out. When taking on family law cases, the team pays attention to the details that others may not think about.
Here’s what you’re learning:
- What Is A Contested Adoption?
- Why Do Adoptions Get Contested?
- How Does A Contested Adoption Process Work?
- Why Having Legal Representation Helps
- What The Court Is Looking For
What Is A Contested Adoption?
A contested adoption is an adoption where either parent or guardian objects to the adoption of the child.
Simple enough, right?
In reality, it means you cannot proceed with the adoption without a court hearing. During this hearing, the judge will review evidence and make a determination as to whether or not the adoption will be granted.
This is different from an uncontested adoption, which is when both birth parents sign legal documents to voluntarily terminate their parental rights. When one parent doesn’t consent (or their ability to provide consent is called into question)… Everything changes.
The most common types of contested adoptions are:
- Infant adoptions where the birth father was unaware of the pregnancy
- Stepparent adoptions where the noncustodial parent is unwilling to give up parental rights
- Foster care adoptions where the biological parents object to the adoption and termination of parental rights
Per recent federal statistics, over 51% of children waiting for adoption had not yet completed the termination of parental rights process as of FY 2024. These situations have the potential to become contested adoptions.
Why Do Adoptions Get Contested?
There are several reasons adoptions can become contested. Let’s review some of the most common scenarios so you know what to prepare for.
The most common reasons for contested adoptions are:
- The birth father was unaware of the pregnancy until finding out about the adoption
- A birth parent has changed their mind about the adoption
- The noncustodial parent is unwilling to give up their parental rights (very common in stepparent adoptions)
- Allegations of fraud or coercion have been made against the adopting parents
Of course, these aren’t the only reasons an adoption can become contested. But remember…
The court must decide what is in the best interest of the child.
How Does A Contested Adoption Process Work?
You might be wondering what actually happens if an adoption is contested. Here’s the general process…
Step 1: Adoption Petition Is Filed
The process always begins when the adoptive parents file a petition with the court. This document usually includes information about themselves, the child, and why they are seeking to adopt.
Step 2: Someone Files Their Objection
When someone contests the adoption, that paperwork gets filed with the court too. Typically, an adoption cannot be finalized until all objections have been resolved by the court.
Step 3: Hearing Is Scheduled
Next, a contested adoption hearing will be scheduled with the judge. During the hearing, both parties can present evidence and witnesses to make their case.
Step 4: Facts & Evidence Are Presented
During the hearing, the judge will hear from both parties. They will look at the situation of the child, the contesting parent’s involvement, if support was provided previously, and more.
All evidence is taken into consideration when the judge reviews the case. If you or the other parent fail to show up for court dates, it could hurt your chances of providing a favorable ruling.
Step 5: The Court Issues A Ruling
The judge will make a decision one way or another. Usually, the adoption is either granted or denied by the judge. Unless there is an appeal (which are extremely hard to win in adoption cases), the judge’s decision is final.
Why Having Legal Representation Helps
If you’re reading this section, you were probably already considering hiring an attorney. But do you know why it’s so important to have legal help?
Contested adoptions are never cut-and-dry. Each state has different laws governing how contested adoptions are handled. Not to mention, you only get one shot to convince the judge that your case should be granted (or denied).
Here are a few reasons why having legal counsel helps:
- They know how to build a strong case using time-sensitive evidence.
- They understand how judges in your area tend to rule.
- Contested adoption attorneys have likely handled your exact situation before.
- If your attorney accidentally misses a deadline, it could mean losing your case.
- An experienced attorney will know strategies and solutions you may not have considered.
Legal help is not a luxury, it’s a necessity. Family law attorneys will guide you through the process and advise you of your options every step of the way.
What The Court Is Looking For
When determining if an adoption should be granted, the judge will look at what is in the best interest of the child.
Simple concept, but in reality, there are many factors that go into the judge’s decision. For example, the judge will want to know if a parent has been involved in the child’s life. They will consider if a parent has provided financial support or spent time with the child.
Judges also look for ways to avoid contested adoptions. If it is safe and in the best interest of the child, they want to see parties working together to keep costs low and resolve issues as quickly as possible.
Foster care adoptions specifically dropped over 26% since 2019. Adopting from foster care is becoming increasingly difficult and facing legal challenges. Ensure you have what you need to succeed before entering a contested situation.
Bringing It Home
Going through a contested adoption situation isn’t easy. But being prepared can help you feel more confident moving forward.
To review:
- A contested adoption occurs when a biological parent objects to the adoption.
- Adoptions can become contested for a variety of reasons.
- Contested adoptions involve filing petitions, hearings, and presenting evidence to a judge.
- Children are the center of attention in these cases. The judge will base their ruling on what they believe is best for the child.
- Having legal representation is one of the best things you can do to protect your rights and your future.
If you’re facing a contested adoption, contact Ascent immediately. Free consultations are available and the team works with clients throughout the entire adoption process. Call or email today to learn more.
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