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(b) Dismissing the adoption petition, and stating whether the child shall be returned to the biological parent or the child's custody granted to the state,. Although most cases involve a biological parent giving up their rights and consenting to the adoption, there are situations where consent isn't required.The first is that you prove the biological father who is refusing to give consent is unfit to be a parent. There are cases where an adoption can take place when the father refuses to give consent. 1. , the natural mother, plans to place the child for adoption. B.I., a child's stepfather sought to adopt the child without the consent of the child's biological father. The parent will not be notified of any future legal proceedings for the child. He alleged that under R.C. 3107. There are cases where an adoption can take place when the father refuses to give consent. 25-6-4 Consent of child's parents required for adoption--Court waiver of consent.