Stepparents Adoption in San Diego, California

Adopting a stepchild is a legal process with a special result. Stepparent adoption is the most common form of adoption in California. It is the legal arrangement by which the adoptive stepparent becomes legally responsible for the stepchild they adopt. The stepparent gains all parental rights and responsibilities regarding the stepchild, responsibilities that the stepparent now shares with their spouse. 

The process of adopting a stepchild is similar throughout California but San Diego has some specific requirements that need to be understood.

Legal Process :

Adoption Request

Stepparent adoption, as with all forms of adoption, comes under the field of Family Law. San Diego has some basic requirements for filing an Adoption Request that are specific to that county. 

1. The stepparent must be married to, or be the domestic partner of, one of the child’s biological parents. California does not require a marriage to be of a certain duration before proceedings to adopt a stepchild can be commenced. 
2. The adopting stepparent must be a resident of San Diego County. Similar to the duration of the marriage requirement, no minimum length of residency is required to petition a San Diego court for a stepchild adoption.
3. The stepchild being adopted must be under the age of 18 when the stepparent adoption is finalized. Otherwise, an adult adoption must occur, which has slightly different laws and procedures. 

 Once these prerequisites are met, the Adoption Request is completed and filed. This form, along with any others that are required, must be completed by the adopting parent—in this case, the stepparent—and must include details about the adopting parent and the child being adopted. A special section of the form is 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 Adoption Request must be filed with a Superior Court. 

San Diego has many Superior Court locations, but only two are used for stepparent adoption filings. Most Adoption Requests are handled through the Central Family Law Courthouse. The North County Courthouse in Vista also accepts stepparent adoption requests. The filing fee for an Adoption Request is $20.00. Other fees that can be expected in San Diego are the County Investigation Fee ($270.00) and a Fingerprinting fee ($64.00). As well as these,the adoption attorney fees must be considered. Many adoption attorneys offer a free consultation. After the Adoption Request and any other 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. When a stepparent or domestic partner petitions the court to adopt their stepchild, they can request the court to assign the County of San Diego Stepparent Adoption Unit to their investigation. The Stepparent Adoption Unit is responsible for completing an assessment on the birth parent and the stepparent. Previously, the San Diego County Health and Human Services Agency (HHSA) was the only agency available to do the investigation. A new law now allows a licensed private adoption agency, a licensed clinical social worker or a licensed marriage and family therapist to do the investigation if the adopting parents choose. 

The investigation for stepparent adoptions does not involve a home study, which is a physical investigation of the premises where the child is/will be residing. Section 9001 of the Family Code details this, as well as other matters relating to stepparent adoption. The investigation assesses the stability of the stepparent's marriage as well as the stepparent's relationship with their stepchild. Interviews are conducted with all parties, including the child. If the child is over 12 years old, they must understand and consent to the adoption. The investigation is primarily to determine whether the adoption is in the child’s best interest. Once the investigation has been completed, it is submitted to the court. 

Consent of the Non-custodial Biological Parent

An integral part of the stepparent adoption process is obtaining the consent of the noncustodial biological parent. This is a necessary step as the adoption ends their legal parental rights. These rights must be terminated before they can be transferred to the adopting stepparent. 

Ideally, noncustodial biological parents will consent to the adoption. By doing so, they agree to have their parental rights terminated. This results in them giving up their rights as legal parents, which includes their rights to things such as court-ordered visitation. It also, however, relieves them of legal obligations associated with legal parenthood such as the payment of child support. 

If the noncustodial biological parent cannot be located or is unwilling to consent to the adoption, the court may terminate their rights without their consent. If they are unwilling to consent to the adoption, it does not necessarily mean they wish to fight the adoption. There may be issues with locating the biological or noncustodial parent 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, adopting parents can apply to the court to have the biological or noncustodial parent's rights terminated. 

To terminate a biological or noncustodial parent's parental rights, adopting stepparents 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 court considers the stepparent's ability to provide a suitable home for the child as well as look at the parental history of the noncustodial or biological parent. Termination is usually awarded in situations of child abandonment or circumstances where the noncustodial biological parent has not been in contact with or provided any support to the child for over a year. Once consent or a termination order have been obtained and the 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, biological 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 have also offered the final hearing via video link to maintain social distancing. 

Following the Granting of an Order of Adoption