Interested in learning more about adopting your stepchild or stepchildren? Below are some of the most frequently asked questions about the stepparent adoption process in California.
Q: Do we have to be married for a certain amount of time before we can complete a stepparent adoption?
A: No, California does not require that you be married for any minimum amount of time before you can adopt your stepchild.
Q: Will my spouse’s parental rights be changed in any way by the adoption?
A: No, your spouse will have the same rights and responsibilities as they did before. During the adoption process, your spouse will sign a document confirming their consent to your adoption of their child.
Q: Does the other birth parent have to agree to the stepparent adoption?
A: Generally, yes, the other birth parent will need to consent to the adoption because it will end their legal parental relationship with the child. However, there are certain circumstances when the court will terminate the other birth parent’s rights without their consent. For example, if the other birth parent has not been in contact with the child and has not provided any sort of support for more than one year, the court may terminate their rights. Alternatively, there is another procedure called “third parent adoption” whereby you can be added as a third parent without terminating the other birth parent’s rights so long as all parties agree. Which path is right for your case will depend on a number of circumstances, so it is important to speak with an adoption attorney about your particular situation.
Q: Does the child need to agree to the adoption?
A: If the child is over the age of 12, he or she will need to consent to the adoption.
Q: Other than attorney’s fees, what additional costs are incurred as part of a stepparent adoption?
A: Each county is a little different, but in San Diego, the following fees can be expected as part of the stepparent adoption:
Filing fee: $20
County investigation fee: $270
Fingerprinting fee: $64
Q: Is a home study required for a stepparent adoption?
A: No, a full home study (like you would do if you were adopting a newborn, for example) is not required in a stepparent adoption case. Instead, an “investigation” is performed. As part of the investigation, the adopting parent will need to complete some paperwork, provide documents such as birth certificates and marriage certificates, be fingerprinted for a background check, and provide a list of references. During this process, the family (including the child to be adopted) will also have an interview with their assigned social worker. The social worker then writes a report and submits it to the court.
Q: How long does the investigation process take?
A: Again, this will vary from county to county. Currently, the investigation process by the San Diego Health and Human Services Agency (HHSA) takes approximately 6 to 9 months. You can have the investigation completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency. Using a private investigator may be quicker, but also may be slightly more expensive than going through the HHSA.
Q: When will we have our finalization hearing?
A: Once the investigation is completed and a favorable report is submitted, the court will set the matter for a finalization hearing.
Q: Who attends the court hearing and what happens during the hearing?
A: The adopting parent, their spouse, and the child attend the hearing with their attorney and appear before a judge. During the hearing, the court will finalize the adoption and sign the adoption order making it official. The hearings are usually very brief and are very happy occasions. You are typically permitted to bring family and friends and take pictures in the courtroom (but it’s always a good idea to check with the clerk beforehand).
Q: Will the child receive a new birth certificate once the adoption is finalized?
A: Yes, the state will re-issue the child’s birth certificate replacing the absent birth parent’s name with the stepparent’s name. If you want to change the child’s name as part of the stepparent adoption (for example, if the child will take the stepparent’s last name), the new birth certificate will also reflect the child’s new name.
Q: We’re ready to go forward, where do we start?
A: Call me!