Stepparent Adoption in California

Stepparent adoption is the most common form of adoption in California. California recognizes the right of a stepparent to adopt the biological child of his or her spouse. This awards the stepparent all the legal rights and responsibilities of being that child’s parent, which they are now able to share with their spouse. The process of adoption results in the termination of the child’s other biological or noncustodial parent’s rights. Adoption formalizes the unique parent–child bond many children share with their stepparents and affirms a stepparent's love and commitment to the child. Stepparent adoptions are usually straightforward, provided consent from a child’s other birth or noncustodial parent can be obtained. If consent is easily obtained, the whole adoption process can take as few as 6 months. 

Certain prerequisites for stepparent adoption are in place. These include the stepparent being legally married to or in a recognized domestic partnership with the child’s biological parent. If either of these is not applicable, the stepparent needs to follow the procedure for a Second Parent Adoption. This is similar to a stepparent adoption but requires a more intensive home study and the submission of some different forms. As in a stepparent adoption, the child has at least one parent with legal custody. The second parent joins that parent in having full custody of the child, with the rights and obligations divided equally between the two parents, the “first” parent and the “second” parent. 

Legal Process:

Adoption Request

Stepparent adoption, as with all forms of adoption, comes under the field of Family Law. 

The general process[1] of initiating a stepparent adoption in California begins by filing an Adoption Request in the county in which the adopting stepparent resides. The Adoption Request is contained in the form Adopt-200.[2] This form, along with any others that are required, must be completed by the adopting parent and must include details about the adopting parent and the child being adopted. A special section of the form must be filled in for stepparent adoptions. Information regarding the nature of the stepparent's relationship with the child, as well as information about the child’s other parents and guardians, is relevant and should be included. The Adopt-200 form must be filed with a Superior Court. The filing fee in most counties is $20.00, but in Los Angeles County it is $160.00! After the Adoption Request (Adopt-200) and any other required forms are filed, the petition is added to the court's records. Filing the Petition commences formal proceedings and triggers the next step in the adoption process. 

Investigation

This stage involves an investigation by a social services agency responsible for investigating and reporting back to the court. This investigation requires the adopting stepparent to gather certified copies of official documents such as their marriage license and birth certificate. It also involves an interview with all parties involved, including the child. If the child is over 12 years old, their consent to the adoption must be obtained. The investigation is usually carried out by a licensed social worker. The investigation is primarily to determine whether the adoption is in the child’s best interest. Once the social worker has conducted their investigation, they submit their report to the court. This investigation is similar to a home study but less extensive. 

Consent of the Noncustodial Biological Parent

The consent of the noncustodial biological parent must be obtained if it has not already. To transfer legal parental rights to the adopting stepparent, they must be taken from a biological or noncustodial parent. The biological or noncustodial parent must either consent to the adoption or have their parental rights terminated by the court for the adoption by a stepparent to proceed.[3]

In an ideal situation, consent of the biological or noncustodial parent is easily obtained and the adoption process can continue. To consent, a biological or noncustodial parent agrees to the termination of their parental rights. If the noncustodial or biological parent lives in California, they need to sign the Stepparent Adoption – Consent to Adoption by Parent in California Giving Custody to Husband or Wife or Domestic Partner of Other Parent form. This form must be notarized or signed in front of an agency representative. If the child’s biological or noncustodial parent is deceased, the court may require a death certificate to be included in the adoption application. 

A difficulty arises when the biological or noncustodial parent is unwilling to consent or they cannot be located. If they are unwilling to consent to the adoption, it does not necessarily mean they wish to fight the adoption. It only means that they are unwilling to actively cooperate. Issues with locating the biological or noncustodial parent may also exist due to them being absent for many years. Reasonable steps must be taken to locate them, such as sending a notice to their last known address, searching motor vehicle registration lists or obtaining county records where they may now be residing. 

If the biological or noncustodial parent cannot be found after reasonable steps to locate them have been undertaken, or if they are unwilling to consent, the adopting parents can apply to the court to have the biological or noncustodial parent's rights terminated. Terminating the parental rights of a biological or noncustodial parent is a serious matter and one for which the courts take grave responsibility. Termination of parental rights strips the biological or noncustodial parent of obligations such as the provision of child support and inheritance, as well as removing their rights to things such as custody and court ordered visitation. 

To terminate a biological or noncustodial parent's parental rights, adopting stepparent must file a petition with the court and obtain a hearing date. This is a separate hearing from the adoption hearing. Pleadings must request termination of parental rights and set out the reasoning on which this request is based. The most common reason in stepparent adoptions is abandonment. Other reasons can include neglect or cruelty, a parent suffering from addiction, mental illness, or disability, or being convicted of a felony. If the reason for termination is proved, a Judge terminates the rights of the biological or noncustodial parent and the adoption process can continue. Once consent or a termination order has been obtained and the social worker's investigation is complete, with the report received by the court, a date for the adoption hearing can be set. 

Court Hearing

At the hearing, the Judge assesses the forms and all circumstances of the case. The adopting stepparent, natural parent, and the child being adopted must go to the hearing. At the hearing, the adopting stepparent formally agrees to adopt their stepchild. If everything is in order, the Judge grants the Adoption Order and the adoption is finalized. Family and friends are invited to the hearing and most Judges treat this final hearing as both a formal hearing and a celebration of adoption. Sometimes the usual court rule of no photography is waived and photos with the Judge may be taken. Currently, due to Covid-19, courts also offer the final hearing via video link to maintain social distancing. 

After the Order of Adoption

Once the adoption is finalized, a copy of the official Adoption Order is provided to the adopting stepparent and their now adopted stepchild. The parties may wish to have a new birth certificate issued to reflect the stepparent adoption. This can be achieved by filling out a VS-44 document. The newly issued birth certificate reflects the new legal parent–child relationship. All facts of the birth remain the same but the adopting stepparent's name and birthdate replaces that of the noncustodial or biological parent. 

After this stage, the official adoption process is complete. A stepparent is now recognized as a legal parent of their stepchild. This formalizes the special bond of parent and child and leads to stepmom or stepdad to simply becoming Mom or Dad.