The Adoption Process in California: The Basics

January 22, 2020August 10, 2020
by Angie

The adoption process in California varies based on the type of adoption you’re pursuing. For example, a stepparent who is adopting his or her spouse’s child will have to take different steps than a couple adopting a newborn will take – but generally, every adoption follows a similar course. Typically, the adoption process includes:

Finding an adoption attorney
Filling out court forms
Filing the forms with the court
Getting consent from the birth parent, in some cases
Being interviewed and submitting to an investigation
Getting a court date and going to an adoption hearing

The Adoption Process in California: The Basics

Most adoptions follow similar steps. Your attorney can give you case-specific guidance, but here’s a closer look at the most basic steps so you know what to expect.

#1. Finding an Adoption Attorney

For many people, the journey to growing a family begins with hiring an adoption attorney. Your attorney can walk you through the entire process, from start to finish, and she’ll answer your questions every step of the way.

#2. Filling Out Court Forms

Your attorney will fill out the court forms required by California law. The forms you need to file depend on the type of adoption you’re using. The most common types include stepparent or domestic partner adoptions, independent adoptions, agency adoptions and international adoptions. Each has its own requirements.

Related: California adoption requirements

#3. Filing the Forms With the Court

Your attorney will file all the necessary forms for you. Usually, they go to the court clerk in your county. (Don’t worry – your attorney will make sure that you have copies of everything.)

#4. Getting Consent From the Birth Parent or Parents, if Necessary

Sometimes birth parents relinquish custody of their children. When that happens, you don’t have to get their consent. However, if you’re adopting your stepchild or your domestic partner’s child, you will most likely have to get the child’s other parent’s or guardian’s consent.

You may still be able to adopt the child without the parent’s or guardian’s consent if:

The other birth parent has abandoned the child for more than a year, and he or she has not seen or spoken with the child or paid any child support
Your attorney serves the other birth parent with an Adoption Request form, which requires the other birth parent to show up in court on a specific date to object to the adoption
The judge in your case determines that your adoption is in the child’s best interest

#5. Being Interviewed and Submitting to an Investigation as Part of the Adoption Process in California

You’ll have to go through a home study, be interviewed by an investigator (often a social worker) and go through a criminal background investigation as part of the adoption process in California.

The home study is designed to ensure that you’re prepared to bring a child into your family, and the requirements might vary based on the type of adoption you’re pursuing. Additionally, you must agree to a fingerprint-based state and federal background check, and the government will check for your name in the Child Abuse Central Index. Some convictions will bar you from adoption, such as anything that requires you to register as a sex offender, infliction of injury on a spouse (or cohabitant, or parent of a child), or endangering a child.

#6. Getting a Court Date and Attending an Adoption Hearing

After the court receives a complete report from the investigator assigned to your case, you’ll get a court date for an adoption hearing. Your attorney will keep you updated if there are any changes, and she’ll go with you when you appear in court, as well.

At the adoption hearing, the judge will issue his or her decision. You must bring all the forms you have filled out (remember, your attorney will make sure you have plenty of copies). The child must also attend the hearing.

Do You Need to Talk to a Lawyer About the Adoption Process in California?

If you’re considering adoption, whether you’re going through an agency or adopting a stepchild or other relative, we may be able to help you. Call us at (209) 546-6246 to set up a consultation to talk about your case and get answers to all your questions today.

Guardianship

California Adoption Requirements: What You Need to Know

January 17, 2020August 12, 2020
by Angie

California adoption requirements are different from those in other states – and the laws in our state play an important role in your entire experience. If you’re considering adopting a child in California, you may want to consult with a Stockton, CA adoption attorney who can help.

California Adoption Requirements: What You Need to Know

If you want to adopt a child in California, you’ll have to follow the letter of the law. California adoption requirements involve nearly every aspect of the process, including who’s allowed to adopt a child, how much families can pay and how the legal paperwork becomes binding. Some of the most common requirements involve:

The adopter’s age
Criminal history checks
Home study investigations
How much you can pay your baby’s birth mother
Consent for adoption

Here’s a closer look at each.

#1. California Adoption Requirements About the Adopter’s Age: How Old Do You Have to Be to Adopt a Child?

If you want to adopt a child, you must be at least 10 years older than the child you’re adopting. However, if you’re adopting a stepchild or another relative, you don’t have to meet this requirement.

#2. Criminal History Checks: A Mandatory Requirement

Every prospective adoptive parent must submit to a criminal background check. Some convictions are a permanent bar to adoption, while others are negotiable (and sometimes at the discretion of an adoption agency, if that’s the route you’re taking). You will be barred from adoption if you have been convicted of anything that requires you to register as a sex offender or endangering a child, as well as some other types of crimes. Your adoption attorney can help you understand how this law applies to you, as well.

#3. The Home Study Investigation

You must undergo a home study investigation if you want to adopt a child in California. This adoption requirement exists so that you can prove that you can provide a stable, nurturing home to a child. Additionally, the social worker assigned to your case can help you understand what types of adoption opportunities might be best for your family, as well as answer your questions and help you prepare for the process.

During the home study investigation, you’ll have to:

Submit fingerprints
Undergo a physical examination
Attend adoption training classes
Complete at least one individual interview with a social worker
Complete an in-home visit and investigation with a social worker

#4. California Adoption Requirements on How Much You Can Pay a Birth Mother

California laws say that you can pay reasonable maternity-related medical costs for your baby’s birth mother. In some cases, you can provide money for expenses that are necessary for the birth mother or baby’s welfare or expenses that are directly related to the pregnancy. In some cases, birth mothers are allowed to receive money for:

Housing
Food
Basic utilities
Transportation
Maternity clothing

However, the birth mother must make a written request for payment and provide written receipts for any money you provide – and you’ll have to submit the receipts to the court before a judge can finalize your adoption.

#5. Consent for Adoption

Depending on your circumstances, you and your attorney may need to obtain consent from several people to go through with the adoption. You may need consent from:

The child’s living parents (both, if they are married or if the father is named on the child’s birth certificate)
The child’s custodial parent only, provided that the other parent has failed to communicate with and support the child for at least a year, or if the other parent fails to respond to notice of adoption proceedings
Your spouse, if you’re married
The child being adopted, provided the child is over the age of 12

Do You Need to Talk to a Lawyer About California Adoption Requirements?

These are only the most basic California adoption requirements – you may need to meet other requirements as well. If you have questions about adoption, we may be able to help.

Call us at (209) 546-6246 to set up a consultation to talk about your case and get answers to all your questions today.

Category: <span>Adoption</span>

The Adoption Process in California: The Basics

The Adoption Process in California: The Basics

#1. Finding an Adoption Attorney

#2. Filling Out Court Forms

#3. Filing the Forms With the Court

#4. Getting Consent From the Birth Parent or Parents, if Necessary

#5. Being Interviewed and Submitting to an Investigation as Part of the Adoption Process in California

#6. Getting a Court Date and Attending an Adoption Hearing

Do You Need to Talk to a Lawyer About the Adoption Process in California?

California Adoption Requirements: What You Need to Know

California Adoption Requirements: What You Need to Know

#1. California Adoption Requirements About the Adopter’s Age: How Old Do You Have to Be to Adopt a Child?

#2. Criminal History Checks: A Mandatory Requirement

#3. The Home Study Investigation

#4. California Adoption Requirements on How Much You Can Pay a Birth Mother

#5. Consent for Adoption

Do You Need to Talk to a Lawyer About California Adoption Requirements?