Adopt a Baby in California

Like every state, California has its own set of adoption laws and as is true in many states, residents in California who wish to adopt a baby have various different avenues to pursue in order to complete the process. Some adoptions are based on personal relationships such as when a stepparent adopts the child of their spouse. Other options for adoption in California involve using a domestic or an international adoption agency or going through the state's Department of Social Services. Enlisting the help of an adoption lawyer is the best way to understand the complicated legal process.

Steps

Preparing for the Adoption

  1. Understand the minimum legal requirements. To be suitable for adopting a child a California, an individual must:
    • be at least 10 years older than the child or meet the family requirements (be a stepparent, sister, brother, aunt, uncle, or first cousin of the child which the court is satisfied with);
    • treat the adoptive child as if it were his or her own;
    • provide support for the child and will care for the child;
    • maintain a suitable residence for the child; and
    • agree to the adoption. [1]
  2. Select an approach to adoption. There are several different types of adoption that are recognized in California. Of these options, find which is applicable or the best for you. When proceeding with one of the first three of these types, the parental rights of both birth parents are terminated and the adoptive parents become the legal parents:
    • Independent adoption: an adoption where the legal rights are transferred directly from the birth parents to the adoptive parents without involving a third party in the process;
    • Agency adoption: an adoption through the California Department of Social Services (CDSS) or a licensed adoption agency.
    • International adoption: the adoption of a child born in another country.
    • Stepparent/domestic partner: an adoption in which the legal partner of one birth parent gains legal rights over the child and only one birth parent’s rights are terminated. In this type of adoption, the couple that will become the legal parents must be married or legally registered domestic partners. [2]
  3. Find a source. To arrange an adoption through the CDSS visit their website or call 1-800-KIDS-4-US. [3] The CDSS also has a directory of licensed adoption agencies available on its website [4] Independent adoptions are based on personal knowledge and identification of the involved parties.
  4. Fulfill the source requirements. Different agencies or parties involved in the adoption will have different requirements for beginning and completing the requirements. At a minimum, by California law, each potential adoptive parent must submit fingerprints, a criminal record, and participate in a home study, which is an investigation of the physical premises where the child will reside. [5]
    • Additionally, fees will vary depending on the type of adoption that is chosen. An adoption through CDSS or a public adoption agency will charge no more than $500 in addition to court costs and the costs for fingerprinting and obtaining background records, which is estimated to cost between $100 and $300. In some circumstances, these fees may be waived or reduced. [6]

Doing the Paperwork

  1. Make the Adoption Request. For each child being adopted, fill out ADOPT-200 Adoption Request form. This form includes the basic contact information of the adoptive parent, the basic details of the adoption, what type of adoption it is, basic information about the child, and whether the legal requirements are met. [7]
  2. Complete the Adoption Agreement. The ADOPT-210 Adoption Agreement form requires basic information about the adoptive parents and the child as well as the signatures of the adoptive parents. The agreement contains statements, which the adoptive parents are agreeing to with their signatures, that they will adopt the child and treat the child as their natural child and that the child will maintain the same rights as any natural child would. These rights include the right to inherit from the adoptive parents. [8]
  3. Fill out an Adoption Order. The adoptive parents must also fill out an ADOPT-215 Adoption Order form in part. The order also includes basic information about the adoption. The remaining parts of the order will be used by the judge at the adoption hearing and will be filled out by the clerk in the event the adoption is an adoption of a Native American child. In this type of adoption, the clerk will serve the order and other relevant documents on Bureau of Indian Affairs. [9]
  4. Submit the expenses. If the adoption is an independent, agency, or international adoption, you must submit the relevant expenses on the ADOPT-230 Adoption Expenses form. This requires the submission of the amounts spent on hospital services, prenatal care, legal fees paid, adoption agency fees, transportation, adoption facilitator fees, counseling fees paid, adoption services provider, pregnancy expenses, court filing fees, fingerprinting fees, and any other relevant costs. [10]
  5. Fill out local or specific forms. Certain adoptions and each specific local court may require additional forms.
    • If you are adopting a Native American child through any procedure other than a stepparent/domestic partner adoption, fill out the ADOPT-220 Adoption of Indian Child form and the ADOPT-225 Parent of Indian Child Agrees to End Parental Rights form. [11] [12]
    • To determine if the local court requires additional documentation contact your county clerk’s office. [13]

Preparing for Court

  1. Review your forms. Once your forms are completed, have a third party review those forms to ensure they have been fully and appropriately completed. If you are proceeding with a third-party adoption such as one through an agency either domestically or internationally, review of the forms will most likely be available for you through the agency. For independent or stepparent/domestic partner adoption, the local court’s family law facilitator or self-help center can help review of forms. [14] [15]
  2. Make multiple copies. Have all the relevant forms copied so you have enough to file with the court and provide to involved parties. You should also make several extra copies of each document for your own records. [2]
  3. Obtain the required consent. In order for the adoption to be approved, you must get the written approval of the birth parents or get a court order that ends the parental rights.
    • For adoptions conducted through agencies, the agency will handle the written consent or documentation showing that the consent cannot be obtained.
    • In the case of a stepparent/domestic partner, the required forms must be served on the other birth parent whose rights will terminate in the adoption process. If the adoptive parents and remaining birth parent cannot find or does not know who the other birth parent is, the court may find that the steps taken to attempt the consent or obtain that knowledge was suitable and waive the requirement. [2]
  4. File your documents. File all the required forms with the local county clerk. The clerk can give additional information on the specific additional requirements and procedures of that court. The court fees, which also vary, must be paid at the time the forms are filed. If you cannot afford the court costs, you can ask for a fee waiver. [2] [16]

Going to Court

  1. Schedule an investigation. For all adoptions, a investigation must be conducted and the investigator must file a report with the court. The investigators are usually social workers, court investigators, or licensed family therapists. To determine how investigations are handled in your county, contact the county clerk. [2]
  2. Request a court date. After the investigator’s report is filed, the court will either automatically schedule a hearing date or you must communicate with the court to schedule the hearing. Contact your county clerk’s office to determine if the report has been filed and a hearing has been scheduled or to schedule a hearing. [13]
  3. Attend the hearing. On the hearing date, appear before the assigned judge. Bring all the relevant documentation and parties that are available to attend. The child that is being adopted must also attend the hearing. [17]

Finalizing the Adoption

  1. Have the court complete the Adoption Order. If the court finds that the adoption meets the requirements and is in the best interests of the child, it will approve the order and fill out the remaining section of the Adoption Order. The court can never grant the adoption if any of the following are true:
    • If either adoptive parent has been convicted of a felony related to child abuse, neglect, spousal abuse, child pornography, other crimes against a child, or for any crime involving rape, violence, homicide, or sexual assault;
    • If either adoptive parent was convicted of a felony for physical assault, battery, or a drug or alcohol related offense within the last five years. [5]
  2. Ensure all related issues are resolved. In many adoptions, other issues must be resolved before the court.
    • For instance, in most cases, the parties must complete and submit the ADOPT-310 Contact After Adoption Agreement form, which explains who in the child’s birth family the child will be able to remain in contact with and what type of contact will be allowable. [18]
    • For International Adoptions, the court will ensure that the requirements of the Hague Convention have been meet. The parties should bring the ADOPT-216 Verification of Compliance with Hague Adoption Convention form with the required background information filled out. The court will find if the parties have met the convention’s requirements, which the international agency will help ensure the parties meet before the hearing. [19]
  3. Keep all relevant paperwork. Ensure that you keep several copies of each document related to the adoption including the Adoption Order with the judge’s approval of the adoption for your records.
  4. Deal with any post-placement issues. Children and families dealing with adoptions may require additional post-adoption preventive, supportive, and therapeutic services. The agency that was used for the adoption or the California Association of Adoption Agencies is a good resource for these types of services. [20]

Tips

  • The adoption process in California can be pursued in many different ways, tap into several different laws including international laws, and involve complicated family relationships. For these reasons it is best to seek the assistance of an experienced adoption attorney as well as other adoption professionals, such as a licensed adoption agency.

Warnings

  • In California, it is illegal to pay or offer money to a parent for a right to adopt a child. However, paying for the birth mother's medical expenses is allowed as long as it is not a condition on her consent for adoption.

Related Articles

Sources and Citations

  1. ↑ http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=08001-09000&file=8600-8622
  2. ↑ 2.0 2.1 2.2 2.3 2.4 http://www.courts.ca.gov/selfhelp-adoption.htm
  3. ↑ http://www.cdss.ca.gov/cdssweb/PG89.htm
  4. ↑ http://www.childsworld.ca.gov/res/pdf/Docaa.pdf
  5. ↑ 5.0 5.1 http://www.adoption.net/a/adopting/pre-adoption/homestudy-requirements-by-state/124/#California
  6. ↑ http://www.dss.cahwnet.gov/cfsweb/PG1302.htm
  7. ↑ http://www.courts.ca.gov/documents/adopt200.pdf
  8. ↑ http://www.courts.ca.gov/documents/adopt210.pdf
  9. ↑ http://www.courts.ca.gov/documents/adopt215.pdf
  10. ↑ http://www.courts.ca.gov/documents/adopt230.pdf
  11. ↑ http://www.courts.ca.gov/documents/adopt220.pdf
  12. ↑ http://www.courts.ca.gov/documents/adopt225.pdf
  13. ↑ 13.0 13.1 http://www.courts.ca.gov/find-my-court.htm
  14. ↑ http://www.courts.ca.gov/selfhelp-facilitators.htm
  15. ↑ http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm
  16. ↑ http://www.courts.ca.gov/selfhelp-feewaiver.htm
  17. ↑ http://www.courts.ca.gov/documents/adopt050.pdf
  18. ↑ http://www.courts.ca.gov/documents/adopt310.pdf
  19. ↑ http://www.courts.ca.gov/documents/adopt216.pdf
  20. ↑ http://www.california-adoption.org/post-adoption-services.html
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