What You Need to Know About Stepparent Adoption Costs in California
Stepparent adoptions costs vary by circumstance. Here’s how much a stepparent adoption costs in California.
Stepparent adoptions require an investigation into the stepparent. Court-sponsored investigators can cost a maximum of $700. However, if the stepparent chooses to hire their own investigator, the cost may be higher.
What Is Stepparent Adoption?
Stepparent adoption is the legal adoption of a child by the spouse of the child’s birth parent. In a stepparent adoption, involved 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 biological parents maintains parental status.
Related: Stepparent Adoption Process & Laws in California
In order to adopt a spouse’s minor child, a stepparent is required to file a petition in the county in which they reside. Part of the process for stepparent adoption is a stepparent investigation. The investigation is a written report that must be submitted to the court. It consists of declarations by the birth parent and the spouse or partner who is petitioning to adopt. The declarations explain the circumstances of the child’s conception in detail which allows the identification of any person(s) who claim to have parentage of the child. If any individual is identified to have parentage, they will be notified to consent to the adoption.
Related: Stepparent vs Second Parent Adoption in California
The court charged with the adoption may assign one of the following to complete the stepparent investigation:
- A probation officer,
- A qualified court investigator, or
- The county welfare department.
The petitioner, the one who is filing for adoption, may also choose to have the investigation completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency.
When the adoption request is filed, the petitioner notifies the court if they will be securing the services of a certain investigator. Any applicable fees for the investigation would be set by and paid directly to the investigator. If the petitioner fails to notify the court, the court may assign one of its own investigators.. The adoptive parent is liable for all reasonable costs incurred in connection with the stepparent adoption, including, but not limited to the investigation costs. The court’s costs for the investigation can only be a maximum of $700. The court, probation officer, qualified court investigator, or county welfare department may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parent which would ultimately be detrimental to the welfare of the adopted child.
Steps for a Stepparent to File an Adoption
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 parent’s 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. Then the investigator will write a report and file it with the court. Once the court receives the investigators report, the court clerk will set up a court date for the adoption hearing.
If the stepparent trying to adopt was in a marriage or domestic partnership with the birth parent at the time the child was born, and if the stepparent and the birth parent are still married or domestic partners, then the stepparent will have to confirm parentage during adoption. This is a different kind of adoption case, meaning that the stepparent will not need the social worker to conduct an investigation or report. Additionally, the stepparent will not need to go to court for a court hearing. In a case like this, the stepparent will only need to complete steps 1-3 listed above.
Other stepparents who do not confirm parentage are in a stepparent/domestic partner adoption case, and they must complete all of the above steps.
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If you have any more questions about stepparent adoption costs in California, contact us. Get your free consultation with one of our experienced Adoption Attorneys today!