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STEPPARENT ADOPTION IN CALIFORNIA

One of the most common adoptions in the United States is that of a stepparent adopting the child of their spouse.  The adopting stepparent assumes financial and legal responsibility for his or her spouse’s child. The same procedure is used if one of the parties have adopted the child as a single person or created a child with the help of a known or anonymous donor. There are no more parental responsibilities, including child support, of the parent whose rights are terminated, if termination is necessary.  

The following is the general process that must be carried out in California for a stepparent as well as a domestic partner adoption.  Do keep in mind that each county may have special rules, i.e. parents to be married for at least one year, or special forms that apply in particular to the county in which the adopting parent resides.  The adoption attorneys at Adams and Romer can help you meet the requirements of any county in the State of California as well as filing all required documents, terminating the rights of the non-custodial parent, and finalizing your stepparent adoption throughout California.  A California stepparent adoption is recognized in all 50 states of the USA.

1.  Make an appointment to meet with us to discuss your situation.  If it is impossible to meet with us in person, we may be able to consult with you by phone and mail.  Please bring to the first consult the child’s birth certificate, a copy of your marriage decree, a death certificate if any, of the biological parent, copies of any previous marriage and divorce decrees of either of you, and the completed adoption questionnaire that we will send to you to fill out with the pertinent facts about your situation.

2.  We will prepare and file an Adoption Request in the county of your residence. This will begin the legal work of your stepparent adoption.

3.  You will need to have an investigation done by the county agency who investigates stepparent adoptions, or you may use instead a private clinical social worker or a licensed marriage and family therapist who will provide this service for you.  We will arrange for the appropriate person to meet with you and the child you wish to adopt.  The social worker will receive the required documents asked for the 1st consult, and in most cases you have to be fingerprinted, provide a current medical report for you and the child to be adopted, and meet with the investigator, your spouse, and child at your home, or in the investigator’s office. This investigation is not as elaborate, nor is it as costly as a “homestudy” for a regular adoption.  The social worker will prepare a final report, once the rights of the non-custodial parent have been terminated (see below), and will send a report to the court, advising that the adoption go forward.

4.  Terminating the right of the child’s other parent:
A.  If the custodial spouse was married to the other biological parent of the child,  or the biological parent’s name is on the child’s birth certificate, and the other parent agrees with the adoption, the non-custodial parent can sign a consent to the adoption in California in front of the clerk in any Superior court.  Outside of California, the form can be signed in front of a notary public.  Our office will then file the consent with the court where your Adoption Request was filed. 

If the non-custodial parent does not agree to the adoption and will not consent, we can terminate his or her rights if we can prove to the court that he or she has not paid support and has not communicated with the child for a period of one year or more.  A court hearing will be required to terminate his or her rights. Notice to the hearing must be provided.  Evidence will be presented to the judge of lack of support and communication, showing abandonment. Token support or communication is not sufficient to prevent termination of rights.

Biological parents can agree to a post-adoption contact agreement, where the parent who’s rights are terminated will receive letters and pictures, and possible planned visits, so that contact an be kept with the biological child. This agreement can be filed in the court.  Our office will help negotiate such an agreement if the parties want this, as it would also be beneficial to the child.

B. An alleged father, a man known as a possible biological father of the child, but whose name is not on the birth certificate,  must be given notice of the adoption. Consent is not required, but birthfather’s rights must be terminated by the alleged signing a waiver of his rights and the court terminating his rights with a court order.  All due diligence must be used to find any and all possible alleged fathers.  Adams and Romer will search for the alleged, have him/them, served with notice,  and have the court terminate their rights.
   
5.  Once the non-custodial parent’s rights are terminated by our office, and the social worker sends the final report to the court, we will prepare your final papers for the judge to sign and will make a court date for finalization.  The adopting parent, the biological custodial parent and the child (and any invited guests you may want to include) go to court with the lawyer and finalize the adoption.  The custodial spouse signs an agreement that his or her spouse, should adopt this child, and, if the child is 12 years or older, the child signs the agreement to be adopted in front of the judge.  The judge signs the Order of Adoption and a new birth certificate is ordered with the names of the biological parent, the name of the adopting parent, and the new name (or the retained name) of the child on the amended birth certificate. 
               
When all parties are available and willing to sign consent, and all documentation and investigation is done promptly, the time to complete a stepparent adoption in California may take as little as two to three months.  The process can take longer if the non-custodial parent is not cooperative or if the adopting parent and family do not get all documentation to the social worker quickly.  We usually can give you an approximate fee for our services, depending on the facts of your case.

DOMESTIC PARTNER ADOPTION IN CALIFORNIA

As of January 1, 2002 a registered domestic partner may adopt the biological or legal child of his or her same-sex partner under the same procedures as a stepparent adoption by a married spouse.
Documents, terminations, and the investigation that are required for a stepparent adoption are the same except, instead of a marriage licence, domestic partner registration is needed.  Also, if a sperm bank was used, or if the insemination was done in a physicians office, a letter from the sperm bank or doctor is needed to verify that the child has no legal father. If one partner adopted as a single parent a final order of adoption must be supplied.  If there is a known donor who has rights, or an ex-spouse with rights, a consent or court termination of their rights is necessary to go forward with the adoption.

Once the adoption is finalized a new birth certificate will be ordered with both names on the birth certificate as parent and parent.

MEDIATION FOR STEPPARENT ADOPTIONS

Although step-families now make up almost half of all American families little attention has been paid to mediation as a tool for communication and dispute resolution that can occur in blended families.  Susan Romer, the managing partner of Adams and Romer, is available for mediation of such conflicts.  Fees are on an hourly basis, with most mediation sessions running two hours.  Susan is a trained mediator in family law and adoption issues.

For more information or to schedule a consultation, call us toll free at 1-800-U-ADOPT-US (1-800-823-6788) or email us at adamsromer@aol.com.