Adoption of Unmarried MinorsStepparent Adoptions
Section § 9000
This law allows a stepparent or domestic partner to file a petition to adopt their spouse's or partner's child. The adoption petition must include the petitioners' names and details about the child's original and new name without stating the child's current name. If there’s a guardianship involved, this must be mentioned, and any guardianship processes will join with the adoption case. This law applies equally to domestic partners and stepparents, and if there's a postadoption contact agreement, it needs to be filed before finalizing the adoption.
Section § 9000.5
This law outlines the process for stepparent adoption in cases where a child was born during a marriage or domestic partnership. It applies when a child is born either directly to one of the partners or through surrogacy. Typically, a home investigation, adoption costs, and a court hearing are not required unless the court decides otherwise. Couples do not need to have been together for a minimum time or prove their income or education. They must submit their marriage or partnership certificate, the child's birth certificate, and declarations about the child's conception. If necessary, the court may hold a hearing to clarify whether others need to be notified or must consent to the adoption. Adoption is granted if the couple was married or partnered at the child's birth and all required notifications and consents have been addressed.
Section § 9001
Before approving or denying a stepparent adoption, the court must review a written investigation report, but a full home study of the child's living situation is not mandatory unless the court specifically requires it. The person asking for the adoption needs to tell the court if they want the investigation done by certain licensed professionals, such as social workers or marriage and family therapists. In this case, they pay these professionals directly instead of a court fee. Without this notification, the court may ask a probation officer, court investigator, or county welfare department to do the investigation and may charge a fee. If a private adoption agency is used, it must choose a licensed professional for the task, and any complaints about the investigation should go to the professional's licensing authority. Lastly, there are no state regulations required for this process.
Section § 9002
If you want to adopt your stepchild in California, you'll need to cover the reasonable costs involved, but there's a cap of $700. These costs include things like background checks. However, if paying this fee would make it hard for you to support the child, the court or related authorities can lower, postpone, or even waive it.
Section § 9003
In a stepparent adoption, the birth parents must give their consent in front of an official such as a notary or court clerk. This consent must be filed quickly with the court where the adoption request will be submitted. If a birth parent is outside California when consenting, they can sign in front of an authorized representative or notary in their location. The consent document serves as proof that the person signing has the right to custody of the child. Even if a birth parent is a minor, they can consent to the adoption of their child, and this consent is legally valid.
Section § 9004
This California law explains that in a stepparent adoption, when a birth parent gives consent for their child’s adoption, the consent form must include a notice. This notice informs the birth parent that if they and their child ever lived together, the child’s right to inherit from the birth parent or any other biological relatives is not affected by the adoption.
Section § 9005
If a birth parent gives consent for their child to be adopted by a stepparent, they can only withdraw that consent with the court's approval. To do this, the parent must submit a written request explaining why they want to withdraw, which can be done without a fee. A hearing is then set, and relevant parties are notified. During this hearing, a probation officer or investigator will represent the child's interests. If the court decides withdrawing consent serves the child's best interest, based on factors like bonding and care capability, it will allow the withdrawal and dismiss the adoption proceedings. If the decision allows or denies consent withdrawal, it can be appealed.
Section § 9006
This law section explains what happens when someone tries to back out of adopting a child in California. If the person who filed for adoption wants to withdraw their request or stop the process, the court clerk must let relevant authorities know, as long as a home investigation was required. If the child's birth parent doesn't give consent, the adoption request will automatically be dismissed.
Section § 9007
This law section states that the person who wants to adopt a child and the child themselves must go to court for the adoption process, according to certain rules, unless another specific rule from a different section says otherwise.