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When most people hear "adoption," they picture a child being placed with a new family through an adoption agency. That's only one possibility. California law provides several ways to establish a legal parent-child relationship, and the process depends heavily on the circumstances. Before you assume you know which paperwork you need or what the process will look like, take a closer look at the types of adoption in California.
One of the most common types of adoption is when a parent’s new partner decides to adopt their stepchildren. A stepparent may choose to adopt to become the child’s legal parent. It can also be a meaningful way to create a sense of formality and security for the family. This type of adoption is different from the others because the prospective adoptive parent already has a relationship with and is caring for the child. One of the parents is also involved in the adoption and continues to be a legal parent of the child.
In California, the couple must be legally married or be registered as domestic partners before seeking the adoption. They must also have approval from the child’s non-custodial parent. This is because the biological parental rights will end when the stepparent’s legal parental rights begin. The process of stepparent adoption can only move forward (with some exceptions) if the other parent consents to the adoption.
Many adoptive parents choose to adopt through a licensed agency or the California Department of Social Services (DSS). The child’s parents may have voluntarily relinquished the child, or there may have been a court-ordered termination of parental rights. It’s common for these adoptions to involve children in the foster care system.
During the adoption process, the adoptive parents work with the agency or DSS instead of the child’s birth parents. While the process can vary, the adoptive parents will submit an application, participate in interviews, and perform home visits.
An independent adoption gives the birth parents a more direct role in choosing the child's adoptive family. Instead of an adoption agency selecting the prospective parents, the birth parent places the child directly with the person or family they have chosen. This process can also apply when someone wants to adopt a relative, including a grandparent, aunt, uncle, or other qualifying relative.
That doesn't mean the process is informal. California has specific requirements for independent adoptions, including rules about birth-parent consent and the involvement of an Adoption Service Provider in many cases. The birth parents must also be advised of their rights and options during the process.
Children adopted from another country can bring joy to a family. However, the legal process can be complicated. The adoptive parents will need to go through the legal adoption process in the child’s home country. Then, when they return home to California, they will need to complete the adoption process in the United States.
The California adoption process must be started within 60 days of the child’s entry into the United States or the child’s 16th birthday, whichever comes first. Additionally, there may be immigration procedures that must be followed.
Sometimes, two adults who are otherwise unrelated form a close parent/child type of relationship. That relationship can be incredibly meaningful to them. However, for it to have any legal weight with California courts, they need to formalize their relationship with an adult adoption. Doing so would create a legal relationship with inheritance rights, medical authority, and all of the other legal rights that a parent and adult child would have.
To complete an adult adoption, both parties must be 18 or older. They will complete an adoption agreement and then petition the court for approval. The petition needs to explain their relationship, if and how they are related, why the adoption is in everyone’s best interest, and the parties' identifying information. If either party is married, the spouses must agree to the adoption.
The path to parentage and building a family can look very different for couples. For parents who use IVF, IUI, sperm or egg donation, embryo donation, or surrogacy, the joy of becoming parents can be dampened by the legal realities. The law doesn’t always keep up with medical advancements. An adoption to confirm parentage ensures that both parents have legal rights and responsibilities. In California, the process is streamlined. Married or domestic partners fill out the required forms, include the required documentation, and submit the adoption request to the court. After a review, the adoption is processed.
As you read through the different types of adoption, you may recognize your situation in one of them. Because each type is designed to address a particular family need, compare how each adoption works to your circumstances. Take note of your relationship to the child, whether the child is already in your care, and if the birth parent is voluntarily placing the child for adoption. Then, consider specialty circumstances, such as agency or DSS involvement, international adoption, or the person being adopted is an adult.
What makes sense for one family may not be the right fit for another. Thankfully, California’s adoption laws help all types of families when seeking adoption. ADZ Law, LLP can help you sort through the legal requirements and determine how California's adoption laws apply to your circumstances. Our attorneys can explain the types of adoption and address potential complications.
If you're considering adoption, schedule a confidential consultation today.
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