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Adoption

Adoption is a legal process. It should not also be a mystery.

Whichever route you are on, the destination is the same: a decree that makes you the child’s legal parent, permanently and everywhere. Here is what each route involves.

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Which kind of adoption is this?

The answer determines your consents, your waiting periods, your court and your costs. If you are not sure, that is the first thing we will work out together.

Newborn & infant

Private and agency adoption

You are matched with an expectant parent directly, through an attorney, or through a licensed agency. This is the route with the tightest deadlines and the most exposure to consent law, so the paperwork has to be exact.

What we handle

  • Pre-match legal advice and risk assessment
  • Adoption agreements and disclosure of permitted expenses
  • Hospital planning and consent execution
  • Putative father registry search and notice
  • ICPC clearance where the child is born out of state
  • Petition, hearing and decree
Independent advice matters. We do not represent both sides. If we act for you as adoptive parents, the expectant parent should have their own attorney — and that is in your interest as much as theirs.
Most common

Stepparent and second-parent adoption

You have raised this child. Adoption makes that legally true — for inheritance, medical decisions, school, travel and everything after. Usually the simplest and least expensive adoption we handle.

What we handle

  • Consent from the non-custodial legal parent
  • Petition where consent is withheld, on statutory grounds
  • Name change filed at the same time
  • Background checks and any abbreviated report the court requires
  • Finalisation hearing, usually a single short appearance
  • Amended birth certificate
Family caring for family

Relative and kinship adoption

Grandparents, aunts, uncles, older siblings and cousins who have been raising a child and want that recognised permanently. Often follows an existing guardianship or custody order.

What we handle

  • Converting guardianship or custody into adoption
  • Consent, surrender or termination of the parents’ rights
  • Kinship caregiver benefits and subsidy questions
  • Coordination with the child welfare agency where one is involved
  • ICWA screening and tribal notice where applicable
  • Petition, hearing and decree
From state custody

Foster care adoption

Adopting a child in the custody of the state, whether you are their current foster carer or adopting through a waiting-child programme. The child’s permanency plan drives the timeline, not you and not us.

What we handle

  • Advice on the permanency plan and concurrent planning
  • Participation in TPR proceedings where appropriate
  • Adoption assistance and subsidy agreements before finalisation
  • Continued medical coverage and post-adoption services
  • Sibling placement and contact agreements
  • Petition, hearing and decree
Sign the subsidy agreement before the decree. Adoption assistance is far harder to obtain after finalisation than before it.
Straightforward

Adult adoption

An adult adopting another adult — often a stepparent formalising a lifelong relationship, a former foster youth, or an adoption completing inheritance and next-of-kin rights.

What we handle

  • Consent of the adoptee and, where required, their spouse
  • Notice to biological parents where California requires it
  • Name change
  • Petition and a short hearing
  • Amended certificate and estate planning consequences
Across borders

Intercountry adoption & readoption

Recognising an adoption granted abroad, completing a readoption in California, and securing a state birth certificate and clean documentary record for the child.

What we handle

  • Recognition of a foreign adoption decree
  • Readoption petitions and validation orders
  • Certified translations and document authentication
  • Coordination with the accredited agency and immigration counsel
  • California birth certificate and name confirmation
Immigration is separate. Visas, citizenship certificates and Hague procedures are handled by immigration counsel. We work alongside them; we do not replace them.
Disputed

Contested adoption & termination of parental rights

When consent is withheld, a father appears late, or a decree is challenged. These are the cases where the early paperwork decides the outcome.

What we handle

  • Petitions to adopt without consent on statutory grounds
  • Voluntary surrender and contested TPR proceedings
  • Diligent search and notice by publication
  • Putative father registry litigation
  • Defending a finalised decree against later challenge
  • Appeals
After placement

Post-adoption contact agreements

Many modern adoptions include some agreed contact between the adoptive family and the birth family. Whether that agreement is enforceable depends entirely on state law.

What we handle

  • Drafting open, semi-open and closed contact agreements
  • Advice on enforceability in California: yes, if the court approved the agreement — but enforcement first requires a good-faith attempt at mediation, and a breach can never undo the adoption (Cal. Fam. Code § 8616.5)
  • Modification when circumstances change
  • Mediating disputes without returning to court
  • Records, identity and search questions later in life

Scope of work

What a flat fee covers.

So there is no ambiguity about where our work starts and stops.

Included

  • Initial consultation and written scope
  • Eligibility and conflicts review
  • Drafting and reviewing consents and surrenders
  • Home study coordination with your provider
  • Preparing and filing the petition and supporting affidavits
  • Service of process and notice, including publication where ordered
  • Correspondence with the agency, caseworker and guardian ad litem
  • ICPC packet preparation for interstate placements
  • The finalisation hearing and the decree
  • Amended birth certificate application
  • Certified copies for school, passport and benefits

Billed separately

  • Court filing fees and certified copy fees
  • Home study and post-placement supervision fees
  • Background check and fingerprinting fees
  • Publication costs where notice by publication is ordered
  • Guardian ad litem or child’s attorney fees, if appointed
  • Agency placement fees
  • Birth parent counselling and independent counsel, where permitted
  • Permitted birth mother expenses under California law
  • Travel and out-of-county appearances
  • Contested hearings and appeals, billed hourly
A word on birth parent expenses. California limits what an adoptive family may lawfully pay towards an expectant parent’s living, medical and legal costs, and usually requires those payments to be disclosed to the court. We keep that accounting so nothing jeopardises your decree.

Realistic timelines

How long each route usually takes.

Ranges, not promises. Every figure below must be confirmed against current California practice and the schedule of the court where your matter is filed.

Typical duration and key requirements by adoption type
Adoption typeTypical duration Home studyMain variable
Stepparent4 to 9 monthsInvestigative report; home study only if the court orders oneWhether the other parent consents
Relative / kinship6 to 12 monthsUnder California Family Code § 8714 and CDSS regulations, relative caregivers undergo an expedited relative home assessment or simplified investigation.Existing custody or guardianship orders
Private infant6–12 monthsRequiredMatching, then the consent and revocation period
Agency placement6 to 12 monthsRequiredAgency waitlist and matching
Foster care6 to 12 months post-TPRHeld by the agencyTermination of parental rights and the permanency plan
Adult adoption2 to 4 monthsNot requiredCourt calendar only
Intercountry readoption3 to 6 monthsPrior home study report plus at least one post-placement visit report (Cal. Fam. Code § 8919)Document authentication and translation

Contested matters

When adoption becomes litigation.

Most adoptions are uncontested and administrative. A minority are not, and those need to be handled properly from day one — because a decree entered on defective consent or notice can be attacked later.

Unknown or absent fathers

Diligent search, putative father registry checks, and notice by publication where the court permits it.

Withheld consent

Petitions to proceed without consent on statutory grounds — abandonment, failure to support, or unfitness — under California law.

Termination of parental rights

Voluntary surrenders and contested TPR proceedings, including agency and state-filed cases.

Challenges to a decree

Defending a finalised adoption against a later attack on consent, notice or jurisdiction.

Indian Child Welfare Act

Where a child may be a member of, or eligible for membership in, a federally recognised tribe, ICWA imposes additional notice, placement preference and evidentiary requirements. We screen for this at intake in every matter.

Adoption questions

The ones that come up in nearly every consultation.

Usually not. In California, the court must review a written investigative report, but no home study is required unless the court orders one; where the child was born during the marriage or domestic partnership, even the investigation is not required unless ordered for good cause (Cal. Fam. Code §§ 9001, 9000.5). Background checks are usually still required.

Consent is not always the only route. Where a parent has abandoned the child, failed to support or contact them for the statutory period, or has had their rights terminated, the court can proceed without consent. That is a contested proceeding with its own evidence and notice requirements, and the standard in California is clear and convincing evidence (Cal. Fam. Code § 7821).

California sets both when a consent may be signed and whether it may be revoked. The current rule is 30 days from signing, after which the consent becomes permanent — unless the birth parent signs a waiver of that right before an agency representative, or before a judicial officer or adoption service provider while represented by independent counsel, in which case it is final at once (Cal. Fam. Code § 8814.5). In an agency adoption, a relinquishment becomes final 10 business days after the Department of Social Services receives it (Cal. Fam. Code § 8700). This is the single most important date in a private adoption, and we confirm it in writing to every client at the outset.

The Interstate Compact on the Placement of Children governs any placement of a child across state lines. If the child is born in one state and the adoptive family lives in another, the child cannot travel home until both states approve. Expect 7–14 business days of waiting, usually near the sending state.

Yes. After the decree, California vital records issues an amended certificate naming the adoptive parents. The original is sealed, subject to California’s access rules: the original records are released only by order of the superior court on good and compelling cause; a petition by an adult adoptee is given great weight, but the decision remains the court’s (Cal. Health & Safety Code § 102705). We file the paperwork for you.

Possibly. Children adopted from foster care often qualify for an adoption assistance subsidy and continued medical coverage. There is also a federal adoption tax credit, and California offers an adoption costs credit of 50% of qualifying costs, up to $2,500 per child, for adopting a child from the custody of a California public agency (Cal. Rev. & Tax. Code § 17052.25). We are not tax advisers, but we will point you to what exists and coordinate with your accountant.

Statutory rules and citations above reflect current California Family Code standards. Consultations provide matter-specific guidance.

Starting out

How to begin, and what it costs to find out.

Two front doors, both free. Neither one commits you to anything.

The first fee comes later. If we confirm we can act for you, and only then, you receive a written disclosure and an engagement agreement. The $500 Initial Adoption Services Fee is credited in full against your flat fee if you go ahead. Read the full disclosure.

Next step

Talk it through with someone who does this every day.

Consultations are confidential and there is no obligation to hire us. Bring your questions, your paperwork and your timeline — we will tell you plainly what the process looks like, what it is likely to cost and how long it should take.