Since the election, I have been receiving numerous inquiries from LGBTQ+ parents regarding adoptions of their children. It does not seem right that parents have to legally adopt their own children, but unfortunately, there are a lot of understandable fears of the unknown in the coming administration.
For that reason, I do recommend that the non-gestational parent go through the adoption process. My recommendation is the same even if both parents’ names are on the birth certificate. A court order is required to be honored in all other states regardless of their own laws about marriage and parentage (this is called full faith and credit). A birth certificate is not a legal document, and therefore, another state is not technically required to honor it. Obtaining an adoption order provides more security for the non-gestational parent to ensure that their parental rights are recognized in all states.
In California, there is a simplified process called Stepparent Adoption to Confirm Parentage. Using this process, there is no requirement for a social worker investigation, background check, or court hearing (which are typically required in all other types of adoptions). You may qualify for this process if you meet the following criteria:
You were married at the time your child was born and remain married now. (alternatively to marriage, a California registered domestic partnership, or a registered domestic partnership or civil union from another state that is legally equivalent to a marriage)
You conceived using assisted reproduction technology and you either have a written donor agreement signed prior to conception (for a known donor) or a letter from a sperm bank or doctor’s office (for an unknown donor)
Using this simplified process, we complete some pleadings and declarations, attach relevant and necessary documentation, and file them with the court with a $20 filing fee. The court reviews the documents and then issues an adoption order naming the non-gestational parent as a legal parent. The entire process can usually be completed within a few months.
If you are interested in learning more about my services for this type of confirmatory adoption, please email info@laurenbateslaw.com to set up a consultation. I would be happy to answer any additional questions you may have to determine whether this process is right for your family.
**A note about terminology: Many other states call this type of adoption “second parent adoption.” However, in California, a second parent adoption is a process to add an additional parent and is completed in situations when the partners are not legally married. This adoption would still require a background check, investigation, and hearing. An adoption involving married partners in California is called “stepparent adoption”. A confirmatory adoption as described above is called “stepparent adoption to confirm parentage”.