Adoption
Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child’s biological or birth parent. That means that once the adoption is final, the adoptive parents have all the legal rights and responsibilities of a parent-child relationship. That new parent-child relationship is permanent and is exactly the same as that of a birth family. An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the child who has been caring for the child, or someone not related to the child by blood.
Talk to a lawyer about your family’s options before starting an adoption. Every family is different and in some cases, you may not need to go through an adoption.
Types of Adoptions
Stepparent/domestic partner adoption:
- The spouse or domestic partner of the child’s parent adopts that child.
- The couple must be legally married or registered as domestic partners.
- It is the most common type of adoption.
- It is a little simpler than other types because 1 of the child’s birth parents still remains the child’s parent.
An independent, agency, or international adoption:
- Independent adoption is when no adoption agency or the Department of Social Services is part of the adoption case. In these cases, if the existing and adopting parents agree, the parental rights of the existing parents do not have to be terminated (end).
- Agency adoption is when the California Department of Social Services or a licensed adoption agency is part of the adoption case.
- International adoption is when the child to be adopted was born in another country.
In all these three types, the court ends the parental rights of the child’s two birth parents, and the adoptive parents become the children’s legal parents.
Steps to File an Adoption – Court Rules. Click here to start the process or talk to a lawyer below about your family’s options before starting an adoption. Every family is different and in some cases, you may not need to go through an adoption.
Sarah Van Voorhis
Sarah Van Voorhis Van Voorhis & Sosna LLP 19 years experience Divorce, Family Law 601 Montgomery St #525 San Francisco, California 94111 Phone: (415) 274-2530
Deborah Dubroff
Law Offices of Deborah Dubroff 23 years experience Divorce, Family Law, Domestic Violence 1939 Harrison Street Suite 750 Oakland, CA 94612 (510) 452-5050
Legal Resources
Intercountry Adoption: Understanding the Hague Convention
A 1993 international agreement to certify and accredit the process.
What are the eligibility criteria for California’s adoption assistance program? What is the maximum amount a family may receive in non-recurring adoption expense? Does California enter into deferred adoption assistance agreements? What types of postadoption services are available? What mental health services are provided? What is California’s process for applying for a fair hearing?
Adoption – Child Welfare Information Gateway
Information and guides about all parts of the adoption process and system for children, families, parents, and others.
Adoption Assistance Program (AAP)
The official CA DSS page for the AAP.
Adoption by LGBT Parents: Current Law
Overview of the law regarding LGBT parentage.
California Courts’ Adoption Overview
Steps to file an adoption and notifying the other parent of the adoption.
Birth Records Self-Help Kit: How Native American Adoptees Can Get Their Birth Records in California
This guide explains what you need to do if you were adopted, you think you are Native American, you live in California and/or were born in California, and you want to enroll in your tribe.
California’s New Simplified Adoption Process: What You Need To Know
All non-biological parents still need an adoption (or parentage judgment from acourt), even if you are married and even if you are listed as a parent on the birthcertificate. New simplified adoption process to protect parentage. How it works. What forms do we need to fill out? Do we need an attorney? What if we don”t qualify for this simplified process?
Immigration through Inter-country Adoption
The process varies depending on the origin country.
Legal Recognition of LGBT Families
Legal parentage, second-parent adoption, parentage judgments, custody, and parenting agreements.
Manual for Grandparent and Relative Caregivers
Guardianships, dependency proceedings, getting a child out of a shelter, visitation rights of grandparents, when permanent custody is necessary, adoption, foster care, public benefits, relative caregiver options chart, and school issues.
Research Guide to California Law
The Constitution; Executive and Administrative Laws; County, Appellate, Supreme Court, and Federal Districts; State Legislation; and Legal Guides.
Social Security Numbers For Children
Getting a social security number for a child.
State Statutes Search on Adoption
Find information about a state’s laws and policies.
This resource guide was designed to answer basic legal questions related to marriage, domestic partnerships, parenting, foster care, and youth issues.
Sarah Van Voorhis
Sarah Van Voorhis Van Voorhis & Sosna LLP 19 years experience Divorce, Family Law 601 Montgomery St #525 San Francisco, California 94111 Phone: (415) 274-2530
Deborah Dubroff
Law Offices of Deborah Dubroff 23 years experience Divorce, Family Law, Domestic Violence 1939 Harrison Street Suite 750 Oakland, CA 94612 (510) 452-5050