By the adoption team at Prescott’s Family Law · · 3 min read
The short version
For many blended families, a stepparent adoption makes official what is already true at home. It is also one of the most straightforward adoptions California offers, provided one question is handled properly from the start.
- You must be married to, or in a registered domestic partnership with, the child’s parent.
- The other birth parent must consent, unless the law says their consent is not needed.
- The court usually orders an investigation, but not a full home study.
- The hearing is short, and the judge signs the order the same day.
- A new birth certificate follows.
Consent is the whole case
Almost every delay in a stepparent adoption traces back to the other birth parent. If that parent agrees, they sign a written consent in front of an official the law allows, such as a county clerk, probation officer, qualified court investigator or county welfare department staff member, or, outside California, usually a notary (Cal. Fam. Code § 9003).
If that parent has disappeared from the child’s life, California provides a route. Where one parent has custody and the other has, for a year, wilfully failed both to communicate with the child and to pay for the child’s care when able to, the other parent’s consent is not required (Cal. Fam. Code § 8604). Both parts matter. A parent who sends the occasional birthday message but pays nothing, or who pays support but never calls, may not fall within the rule, and the facts need careful review.
If the parent objects and is involved, the case becomes a contested proceeding to end that parent’s rights, and the grounds must be proved by clear and convincing evidence (Cal. Fam. Code § 7821). That is a much bigger undertaking, and we give families an honest assessment before they begin.
The investigation is not a home study
Families often expect the full home study used in infant adoptions. A stepparent adoption is lighter. The court reviews a written investigative report, usually based on interviews with the family and a criminal record check, and no home study is required unless the court orders one (Cal. Fam. Code § 9001).
Where the child was born during the marriage or domestic partnership, which is common for same-sex couples confirming their parentage, even the investigation is usually unnecessary (Cal. Fam. Code § 9000.5).
The hearing
In Los Angeles County, adoption hearings are generally held at the Edmund D. Edelman Children’s Court in Monterey Park. You and your spouse or partner attend with the child. You sign the Adoption Agreement in front of the judge, a child aged 12 or over gives consent (Cal. Fam. Code § 8602), and the judge signs the Adoption Order. Many judges invite families to take photographs afterwards.
Three mistakes we see
Treating a verbal “yes” as consent
A parent who agrees on the phone may think again when the form arrives. Until a valid written consent is signed, nothing is settled. Plan for the possibility that it never is.
Skipping notice to a parent who is “not involved”
Even where consent is not needed, a parent may be entitled to notice. An adoption granted without proper notice is exposed to challenge later, which is the last thing a family wants.
Not asking about Native American ancestry
Courts ask in every case. If there is any possibility that the child is a member of, or eligible for membership in, a tribe, federal and state protections apply, including stricter consent rules. Raising it at the start avoids a delay at the end.
Before you start
Our stepparent adoption guide walks through each step, and the adoption document checklist lists what to gather. If you would like advice about your own family, a consultation is free and confidential.
Sources
- Cal. Fam. Code § 7821
- Cal. Fam. Code § 8602
- Cal. Fam. Code § 8604
- Cal. Fam. Code § 9000.5
- Cal. Fam. Code § 9001
- Cal. Fam. Code § 9003
- California Courts Self-Help Guide: Adoptions