Relative and Guardianship to Adoption

Overview

Adoption Law Group understands that adopting a relative’s child or another’s child in your care often involves complex emotions and circumstances and we seek to treat each family with compassion, respect, and zealous advocacy for the child’s best interests.

Relative Adoptions

Relatives by blood or affinity, including step-relatives, may petition a California court to adopt a child, without a guardianship or placement agreement first being in place.  After filing the Adoption Request, the State Department of Social Services or the designated county agency will conduct an investigation of the proposed home and of the adoptive parents to recommend to the court whether the adoption should be granted. The home investigation involves background checks of all adult members of the home, a detailed interview of all of the parties, including the child, lots of paperwork, and a home visit. The state or county fee for the investigation is typically $4,500 but may be reduced for financial hardship. 

Birth parents will either need to consent to the adoption or their rights will need to be terminated by the Court, usually based on abandonment of the child for at least six-months, as well as the child’s best interests.

Adoption Law Group’s services include attempting to secure consents from the parents, as well as pursuing the necessary termination of parental rights actions if necessary.

Guardianship to Adoption

Differences between guardianship and adoption.  

Even though a legal guardianship gives full legal custody to the guardian, there are some restrictions, such as obtaining the court’s permission to move out of state and notifying the parents of any moves within the state. Guardians may also worry that the parents or another family member will try to terminate the guardianship by taking them back to court. Even though terminating a guardianship requires either all parties to agree to do so or a court order after finding that termination is in the child’s best interests, the thought of being taken back to court is understandably discouraging. Adoption offers security to both the child and the guardian that their home will not be disrupted. 

It should be noted, however, that an adoption may terminate public benefits available to you through guardianship, which may be a factor in deciding if adoption is right for your situation.  Our attorneys can discuss the financial considerations with you during our free consultation.

How long do I have to be a guardian before I can adopt?

Knowing how long you have to be a guardian before filing for adoption in California can be tricky and legal advice is probably necessary. Generally, you have to have been a child’s legal guardian for at least one year before you can file to adopt the child. However, if the child has been legally abandoned you may only need to wait six months. In some situations, though, it is best to wait two years after being appointed guardian before filing for adoption, because the law allows a court to terminate parental rights based on CA Probate Code section 1516.5, which basically says that if the child has been in the physical custody of the guardian for at least two years, the court can terminate parental rights if it finds that “the child would benefit from being adopted by his or her guardian,” when considering the child’s best interests. The attorneys at Adoption Law Group can advise you on when the timing is best to file for adoption, given your particular circumstances.