If the non-custodial parent disagrees with the step parent adoption and refuses consent, there are ways to go around this. The step parent and their spouse, the custodial parent, can file a petition with the court. This petition intends to terminate the rights of the non-custodial biological parent.  For the petition to pass, the family must prove a few factors. These include the fact that the non-custodial parent may be unfit for parenting, has abandoned the child, or has failed to provide support for at least one year. There must be plenty of evidence to support these claims because of the definitiveness of the decision.