California’s Stepparent Adoption Process and Laws
Stepparent adoption deals with a spouse of a custodial parent adopting said custodial parent’s biological child. Here’s everything you need to know about the stepparent adoption process & laws in California.
In California, the law states that different forms must be signed and an investigation must take place prior to a child being adopted. Moreover, a court hearing must be held to officialize a stepparent adoption in California.
What is a stepparent adoption?
A stepparent adoption refers to a custodial parent’s spouse adopting his or her biological child. Typically, the Department of Social Services recommends the custodial parent and the potential adoptive parent be married for a minimum of a year prior to the adoption. Officializing the adoption requires both spouses to complete different court forms and to attend a court hearing. All involved parties (i.e. the custodial parent, the adopting stepparent, and the child) need to be present during the court hearing.
Related: Same-Sex Adoption in California: The Basics
How can one adopt a stepchild in California?
Complete required forms
The first step to adopting a stepchild in California is to fill out Form Adopt-200, ICWA 010A Indian Child Inquiry Attachment, and ICWA 020 Parental Notification of Indian Statu. Two copies, as well as the original of these forms, must then be taken to the Family Law Clerk’s Office of the Superior Court in whichever county the family resides. There is a mandatory filing fee for each child that one wants to adopt, as well as a fee for a required investigation that will be conducted by Probate Court Services.
Related: How to Adopt a Child in California
Go through adoption investigation
The Probate Court Services Department will begin an investigation once the adoption request is filed. In this process, the petitioner will need to fill out several forms. Once these documents are filled out, they will need to be reviewed by the court. Then, the case will be ready for investigation. An assigned investigation will have an interview with the petitioner, spouse, and the involved child(ren). Part of the investigation involves the review of any previous law enforcement records to see if the potential step-parent has a child abuse record or any employment issues. Additionally, the investigation will require three individuals that are not related to the potential step-parent to act as references. The investigation’s results will subsequently be given to the court in the form of a report, and these results will state whether or not the investigator is supportive or not of the adoption.
Get ready for a hearing
When submitting court documents, a Memorandum for Setting for Hearing L-0124 must be included. Notice of when the hearing will take place will be sent in the mail shortly after. Three forms, including Adoption Agreement Form Adopt-210, Adoption Order Form Adopt-215, and Adoption Expenses Form Adopt-230, must be filled out and brought to the court at least a week before the court date. It is important to note that these forms should not be signed. Furthermore, the child being adopted, as well as desired relatives or friends should be present during the hearing. The Court Report of Adoption VS-44 form must be at the hearing as well in order to amend the child’s birth certificate with California’s Department of Health Services.
Wait for post-hearing documents
The adoptive parent will be mailed an amended birth certificate by the California Department of Health Services after the adoption is officialized. A copy of the adoption order will also be provided free of charge.
Contact Us
If you have any more questions about the stepparent adoption process & laws in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!