Step Parent Adoption - Term. Parental Rights

If the bio father refuses to consent he needs to initiate the next step. You should already have some sort of a hearing coming up if you filed your petition and had the interview with the social worker. In a case like this the burden of proof is on the parent that is contesting the adoption. He has to prove that adoption is not in the best interest of the child. Just because he called you does not mean that he will file paperwork and show for the hearing. If he files the court will notify you if you filed Pro Per. He can contest at the hearing and even be appointed an attorney. But remember, the burden of proof is on him to prove that adoption is not in the best interest of the child. The petitioner in the case, you or your wife, can ask when the next hearing is. The paperwork that you already have filed should have a court date. You shouldn't have to file anything else if the paperwork was done right. If he has abandoned him for 10 years I wouldn't worry overmuch about the adoption not happening. Also, if by some extrodinary stroke of strange luck the adoption was not permitted, you could adopt him at 18. There is no consent needed by the biological parent then. He doesn't even need to be notified. I would be very surprised after such a long absence and the age of your stepson if the adoption did not go through. I hope this helps.