What You Need to Know About Adoption in California
Adopting a child is a big decision to consider for families considering expanding. Here’s how to adopt a child in California.
There are a number of steps to follow when adopting a child in California, which can vary depending on the type of adoption one is conducting.
Adoption: An Overview
Adoption is the legal process in which a parent-child relationship is established between a child and an individual who is not the child’s biological parent. Once an adoption is finalized, the adoptive parent has all of the rights and responsibilities over the child that their biological parents used to have, and are now considered the child’s legal parents.
Types of Adoption
There are two types of adoption: stepparent or domestic partner adoptions, and independent, agency, or international adoptions. The processes and requirements for adoption differ between these two types.
Related: Same-Sex Adoption in California: The Basics
Stepparent or domestic partner adoptions are the most common type of adoption in California, and occur when the spouse or domestic partner of an adoptive child’s parent adopts that child. To conduct a stepparent or domestic partner adoption, the couple is required to be legally married or registered as domestic partners before the adoption.
Contrarily, independent, agency, or international adoptions each have different qualifications. An adoption is classified as independent when neither the Department of Social Services nor an adoption agency is involved in the adoption case. In this case, if both the biological and adopting parents agree, the biological parents’ parental rights do not have to be terminated upon the child’s adoption. Contrarily, an agency adoption involves either the Department of Social Services or an adoption agency, and an international adoption takes place when the adoptive child is being adopted from abroad.
California Adoption Requirements
According to Section 8802 of the California Family Code Section, any of the following people can file an adoption request:
- An adult who is related to the child or child’s half-sibling by blood or affinity, including any “step,” “great,” “great-great,” or “grand” relatives, or the spouse of any of these individuals (regardless of if the marriage was terminated)
- A person named in the will of a deceased parent as an intended adoptive parent
- A person with whom the child has been placed for adoption
- A legal guardian who has been the child’s legal guardian for at least one year
In a stepparent or domestic partner adoption, the individuals filing the adoption request must be either legally married or registered as domestic partners before the adoption.
Related: What is a Domestic Partnership in California?
If pursuing a stepparent or domestic partner adoption in which the adoptive parent was in a marriage or domestic partnership with the biological parent at the time of the child’s birth and currently, a social worker is not required to conduct an investigation or report, and a court hearing is not required.
Contrarily, if the adoptive parent was either not married or in a domestic partnership with the biological parent at the time of the child’s birth or currently, a social worker is required to conduct an investigation and a court hearing is required.
An adoptive parent, therefore, can be a stepparent or the domestic partner of one of the child’s birth parents, a relative of the child, or someone who is not related by blood to the child.
California Adoption Forms
Depending on the type of adoption that the individual is planning to conduct, the necessary forms to fill out may differ. See the California courts website to see which forms are required for each type of adoption.
The following are links to some of the required forms:
- Form ADOPT-200 (Adoption Request)
- Form ADOPT-205 (Declaration Confirming Parentage in Stepparent Adoption)
- Form ADOPT-210 (Adoption Agreement)
- Form ADOPT-215 (Adoption Order)
- Form ADOPT-230 (Adoption Expenses)
Contact Us
If you have any more questions on how to adopt a child in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!