Stepparent Adoption in California

Overview

Adoption Law Group strives to treat all parties involved in the stepparent adoption process with respect and keep the child's best interests at the forefront of every decision.

The stepparent adoption process varies slightly between counties throughout California, but the process always begins by filing an Adoption Request in the county where the adopting parent resides.

After filing the Adoption Request, we send it to either a private adoption agency or the social services agency responsible for investigating the adoption and reporting their findings to the Court. The investigation is very straightforward. You will need to gather certain documents, including certified copies of marriage and birth certificates, and participate in an interview with the social worker assigned to your case.  The social worker will also meet with the child.

During this process, our office works with the investigating agency to obtain the non-custodial parent's consent, if living, or initiate court proceedings to terminate their parental rights. Once the consent or termination order is obtained, and the investigation report is completed, we will ask the Court to set the case for an adoption finalization hearing. 

Here are some of the most important things about the stepparent adoption process in California:

Steps to a Stepparent Adoption in California

The first step toward adopting your step child is to file a stepparent adoption petition in the county where the adopting parent resides with the child. Adoption Law Group handles step parent adoptions in Los Angeles County,  Orange County, San Bernardino County,  San Diego County, Ventura County, and Santa Barbara County.

Either married or registered domestic partners may adopt using the stepparent adoption process. There is no required amount of time the adopting parent and birth parent must have been married. 

Unmarried or unregistered partners may be able to adopt using a different procedure called a second-parent, or additional parent adoption. Adoption Law Group attorneys will discuss the best option during your free telephone consultation.

Termination of Parental Rights

If the child's non-custodial parent is living, they must either consent to the adoption or the Court must terminate their parental rights before the adoption can be granted. If parental rights are terminated, they are no longer obligated to pay child support and will lose their right to request court-ordered visitation.

Some non-custodial parents are willing to consent to terminate their parental rights by signing a notarized form. But if the parent can't be located or refuses to consent, we must attempt to find the parent and give them notice of the adoption as California law requires. 

Different procedures exist for terminating the rights of "presumed parents" versus "alleged fathers." Generally, an alleged father is someone alleged to be the parent, but who:

• was not married to the mother when the child was born
• is not on the child's birth certificate
• has not lived with the child
• has not signed a voluntary declaration of paternity
• has not otherwise established paternity 

Alleged fathers are entitled to notice of the adoption unless, after diligent efforts, we cannot locate them. To terminate an alleged father's parental rights, the Court must find that doing so is in the child's best interests.

If a child has a presumed parent, that parent must either consent to the adoption or have their rights terminated by court order. The most common basis for termination of parental rights of a presumed parent is abandonment. In determining if the presumed parent has abandoned the child, the Court will consider various factors, including whether or not the parent has paid child support or has had contact with the child. Courts typically make orders consistent with the belief that permanency and stability are vital to a child's best interests. 

Timing

Stepparent adoptions can take as little as six months from start to finish. If involuntary termination proceedings are required, your stepparent adoption will likely take longer but will still typically be finalized  within one year.

Birth Certificate

After the stepparent adoption is complete, an amended birth certificate reflecting the child's new name and the new parent's name can be issued. 

If you're considering the adoption of your stepson or step- daughter, it's important that you consult with an attorney about the legal implications and requirements involved in a stepparent adoption. 

The attorneys at Adoption Law Group specialize in adoption law and have been helping clients in Los Angeles County, Orange County, San Diego County, San Bernardino County, Riverside County, Ventura County, and Santa Barbara County with stepparent adoption matters for more than 20 years.