What You Need to Know About Same-Sex Adoption in California
For many same-sex couples, adoption may be something to consider. Here’s what you need to know about same-sex adoption in California.
In California, single LGBTQ+ individuals are permitted to adopt children, and same-sex couples are permitted to jointly petition to adopt. Additionally, a same-sex partner can petition to adopt their partner’s child or child of the relationship.
Who is Allowed to Adopt in California?
According to the California Family Code Section 8802, 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
Adoption by Single LGBTQ+ Individuals
As stated in the California Family Code Section 8802, any person can file an adoption request if they meet one of the requirements stated above.
The Family Code does not mention any restrictions on sexual orientation or the consideration of sexual orientation in determining the people who can file adoption requests.
Adoption by Same-Sex Couples
Defined in California Family Code Section 297, domestic partners are “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.” According to the California Family Code Section 9000, registered domestic partners can petition to adopt the child of the other domestic partner.
Related: What is a Domestic Partnership in California?
The Family Code does not mention any restrictions on sexual orientation or the consideration of sexual orientation in determining which couples are defined as “domestic partners” or which pairs of “domestic partners” are permitted to adopt children.
What are the Different Types of Adoption in California?
There are two main types of adoption: stepparent or domestic partner adoptions, and independent, agency, or international adoptions. The types of adoptions have different processes and requirements.
Stepparent or domestic partner adoptions are the most common type of adoption in the state, and occur when the spouse or domestic partner of an adoptive child’s parent adopts that child. The couple must be legally married or registered as domestic partners prior to the adoption. According to the California state court, this adoption process is a bit simpler than the other. Same-sex couples are able to adopt children through this process.
Related: Child Custody for Same-Sex Couples in California
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 international adoption is when the adoptive child is being adopted from abroad.
Again, the California state court makes no mention of sexual orientation as a factor considered in who is allowed to adopt children in any of these processes, for either stepparent or domestic partner adoptions, or independent, agency, or international adoptions.
FAQs About Same-Sex Adoption in California
What is the legal definition of adoption in California?
The California state court defines adoption as the establishment of a parent-child relationship, giving all of the legal rights and responsibilities of a child to an adult that is not biologically related to them. Adoption is a permanent process.
How prevalent is same-sex adoption and foster care in California?
In 2010, there were 15,698 same-sex couples raising an estimated 31,396 children in California.
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If you have any more questions about same-sex adoption in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!