California Adoption

You don’t need an attorney to file an adoption in California! Let us show you how.

What is an Adoption?

Adoption is the legal process by which a person becomes a lawful member of a different family from their birth family. An adoption ends the rights of a birth parent and creates rights for the adoptive parent(s).

Once the court has issued the order of adoption, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them. This includes rights to inheritance, child support and other legal matters.

At the time the adoption is finalized, the adopted child’s name can legally be changed, and an amended birth certificate can be issued.

Who can Adopt in California?

Any adult living in California may file a petition to adopt a child who is at least ten years younger than the petitioner. Married couples are most likely to apply to become adoptive parents, although single and divorced people are not prohibited from adopting in California. The following persons generally may adopt:

A husband and wife or two domestic partners, jointly.
The unmarried minor birth parent of the person being adopted.
An unmarried adult along with the birth parent of the person being adopted.
An unmarried adult, individually.
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 Adoption

Stepparent Adoption

In a stepparent adoption, the family adopting is a birth parent with a new spouse. A stepparent adoption creates a legal relationship between a stepparent and stepchild that did not exist before. The biological parent who is married to the person adopting the child retains their parental rights.

Independent Adoption

Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary, i.e. pastor, family friend, or doctor. Agency adoptions are handled through a child placement agency, and in California, are licensed by the State Department of Social Services.

Adult Adoption

Adult adoption is the process whereby a person eighteen years or older is legally adopted by another adult or adults. A relative placement adoption occurs when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect and another relative assumes physical custody and responsibility for the child