What You Need to Know About the Difference Between Stepparent vs Second Parent Adoption in California
California laws allow for adoption by both stepparents and second parents. Here’s the difference between stepparent vs second parent adoption in California.
A stepparent adoption is when a stepparent gains parental rights over their spouse’s child. A second parent adoption is the adoption of a child by a second parent in the home who is not married to the child’s legal parent.
What Is Adoption?
Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child’s biological or birth parent. That means that once the adoption is final, the adoptive parents have all the legal rights and responsibilities of a parent-child relationship. That new parent-child relationship is permanent and is the same as that of a birth family. An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the parent who has been caring for the child, or someone not related to the child by blood.
Who Can Adopt in California?
California Family Code §8600 holds that any adult generally may adopt an unmarried minor, adult [§9300 (a)], or married minor [§9300 (b)]. However, for the adoption of an unmarried minor, the prospective adoptive adult must be at least 10 years older than the child [§8601 (a)].
However, a court may approve an adoption without regard to the child or prospective adoptive parent’s age if the adoption is by a stepparent, or by a relative, if that person is married. But it all depends on if the court finds that it is in the best interest of the parties and in the public’s interest [§8601 (b)].
For the adoption of an adult or a married minor, the adoptive adult must be older than the person adopted and may not be the spouse of the person to be adopted.
Adoptions have been allowed in cases involving cohabitants, whether registered as domestic partners or not. Children born to, or legally adopted by, one cohabitant may be adopted by his or her non-legal second parent, with the consent of the legal parent and without changing the legal parent’s rights and responsibilities.
Differences Between Stepparents and Second Parents
Stepparent adoption is the legal adoption of a child by the spouse of the child’s birth parent. In a stepparent adoption, both adults must be legally married or registered as domestic partners. It is the most common type of adoption in California. It is a little simpler than other types of adoption because one of the child’s legal parents will continue to hold such a status.
Related: Stepparent Adoption Process & Laws in California
On the other hand, second-parent adoption is the adoption of a child by a second parent in the home who is not married to the child’s legal parent. Second parent adoption is the same process as an independent adoption. An independent adoption takes place when an adoption agency or the Department of Social Services is not part of the adoption case. In these cases, if the existing and adopting parent(s) agree, the parental rights of the existing parent(s) do not have to be terminated.
Related: Second Parent Adoption Process and Laws in California
Steps to File an Adoption
For a stepparent
1. Fill out the proper court forms.
2. Copy and file the forms.
Make 2 copies of the Adopt-200 form. Then, turn in the forms to the court clerk.
3. Talk with the child about the adoption.
If the child is 12 or older, then he or she must agree (consent) to the adoption before the judge will consider the adoption final. Children under 12 years old do not have to agree.
4. Serve the papers on the other birth parent.
Inform the other child’s birth parent (the one who is not the spouse or domestic partner) about the adoption. Someone else, not the filer, must serve the papers on the other parent.
5. Get the other parents’ consent.
The other birth parent must agree to the adoption by the stepparent. If he or she does not agree, one may still adopt if:
- The other birth parent has abandoned the child for over a year and not paid any child support or talked to the child.
- The filer properly served the other birth parent with the Adoption Request form. The other birth parent will have to show up on the court date given on the request and object to the adoption.
- The judge decides that going ahead with the adoption is in the best interests of the child.
6. Interview and Investigation
The stepparent will have an interview and an investigation with an investigator. Following this, the investigator will write a report and file it with the court. Once the court receives the investigator’s report, the court clerk will set up a court date for the adoption hearing.
For an independent (second parent) adoption
The agency used for the adoption will likely take care of the adoption process and guide the second parent through the process.
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