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Stepparent Adoption (uncontested/with consent): $399.00 (one child)
(add $200 for each additional child)
Stepparent Adoption (uncontested/without consent): $649.00
(includes companion Petition to Terminate Parental Rights)
Adult Adoption: $399.00
Independent Adoption: $650.00

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Fees are for Document Preparation only and do not include any filing fees or other costs
All services include a free, comprehensive, attorney-authored LEGAL GUIDE specific to your particular matter


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BEFORE FILING ANY LEGAL DOCUMENTS
. MANY ATTORNEYS OFFER FREE CONSULTATIONS.

Adoption - A People's Choice
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INFORMATION ON ADOPTION: Please note - all information provided through this site is general, published, factual information and should not be cited on or relied on as legal authority nor should it be considered legal advice.

What Is An Adoption?

An adoption creates a legal relationship between two parties that previously did not exist. It declares that the person being adopted is legally the child of the adoptive parent and the child becomes the adopting parent's legal heir. The child is entitled to all of the rights and privileges and subject to all of the obligations of a child born to the adoptive parent. An adoption ends the rights of a birth parent and creates rights for the adoptive parent.



Adoption Law Library

Prepare Adoption Documents

Who May Adopt?

The following persons generally may adopt:

1. A husband and wife or two domestic partners, jointly.
2. The unmarried minor birth parent of the person being adopted.
3. An unmarried adult along with the birth parent of the person being adopted
4. An unmarried adult, individually.
4. An adult who is married or has a domestic partner with the consent of their spouse or domestic partner.

** In California adoptions, the person adopting must be a California resident. **
 

 

Types of Adoptions: The question for those looking into adoption is not whether you should adopt, rather what method of adoption is best for you.  There are approximately 12 different  routes towards adoption, however we will address the three main types, stepparent adoption, independent adoption and adult adoption.

 

 

 

Step Parent Adoptions:Stepparent Adoption - A People's Choice One of the most common types of adoption is the adoption of a child by a stepparent. Usually the child being adopted is a minor, however a stepchild that has reached adult age can be adopted through an adult adoption proceeding. In most states, both children and adults may be adopted. In a stepparent adoption, the child’s legal rights and duties towards his or her natural absent parent is terminated and similar rights and duties toward the person's adoptive parent is assumed. There are many benefits of a stepparent adoption.

  • Symbolic Aspects: The effects of the stepparent adoption may  be more important psychologically than legally. The legal process reinforces the feelings  of "family" that a stepparent and child may share.
  • Legal Rights: A stepparent is not a legal guardian  and has no right to sign permission slips for school or medical purposes. An adoption  order gives a stepparent this right. He or she becomes the child's legal guardian jointly with his or her spouse.
  • Inheritance Rights: Children will have inheritance  rights to their stepparent families' estates after legal adoption has taken place. The  children will lose inheritance rights with the non-adopting natural parent after the adoption order is complete.

Independent Adoption - A People's ChoiceIndependent Adoption:  An independent adoption is different from a stepparent adoption where one of the parties retains their legal rights as parent to the adoptive child. In an independent adoption, the party or parties adopting the child usually have no direct biological ties to the child being adopted. In some situations, the birth mother may personally meet and select the adoptive parent(s). In all cases where a child is available for adoption, the process begins by filing a Petition for Adoption in the county where the adoptive parents reside. A notice is then provided by the court to the Department of Social Services, and an investigation is completed. A report by the Department of Social Services is then provided to the court, and the court determines whether or not the adoption is in the best interests of the child and if the Petition will be granted. The prospective adoptive parents may also be required to have medical examinations performed by a physician before the adoption can be finalized.

 

Adoption of a minor child - who must consent?
Unless the court does not require it, a petition to adopt a child under age 18 may be granted only if:

  • The mother signed a written consent after the birth of the child.
  • The father signed a written consent that:
    • the child was conceived while he was married to the  mother
    • the child is his by a previous adoption, or
    • the child has been established to be his by a court  proceeding
  • If the child is older than 12 years, he or she has signed a  written consent.

The court may approve an adoption without the the noncustodial parent’s consent to an adoption if:

  • A parent has deserted a child without giving means of  identification or has abandoned a child (a diligent effort must be made to notify the  parent and get consent).
  • A parent who has been declared incapacitated by a court and for  whom restoration of capacity is medically improbable.
  • A parent whose parental rights have been terminated by court order.
  • A legal guardian or custodian of a person to be adopted, other than a parent, who has failed to respond to a request for consent within 60 days or who,  after examination by the court, is found to be withholding consent unreasonably.

    In these instances, a separate proceeding to terminate the noncustodial parent’s rights may be required to be filed in addition to the Petition for Adoption.

 

 

 

Adult Adoption - A People's ChoiceAdult Adoption:  Any adult person may adopt another younger adopt person. The person being adopted may be unrelated, or may be an adult stepchild, niece, nephew, cousin or grandchild of the adopting person. Often in a stepparent situation, when the legal parent’s rights cannot be terminated nor consent obtained, the parties can wait until the minor is 18 and proceed with an adult adoption. In adult adoptions,

  • neither the consent of the natural parent or parents of the person to be adopted is required.
  • a Social Services investigation is typically not required.
  • a married person who is not legally separated from his or her spouse cannot adopt an adult person without the consent of the spouse of the adopting person.
  • a married person who is not legally separated from his or her spouse cannot be adopted without the consent of the spouse of the person to be adopted.
  • the person being adopted may elect to change his or her name through the adoption proceeding or may elect to keep his or her existing name.
     

 

Adoption Assistance - A People's ChoiceFiling Your Proceeding Using our Self-Help Services:

Preparing all of the necessary adoption documentation can easily be overwhelming for the average lay person. This process can easily be facilitated with the assistance of a registered Legal Document Assistant.

Our services include the preparation and court processing of the required court required and scheduling of court hearings. In addition, our office offers a comprehensive self-help library which is available to all clients during document preparation services performed in our office as well as a complimentary attorney-approved self-help booklet pertaining to your particular type of proceeding.  To proceed with your document preparation, click on the link below.

 

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