Section § 9000

Explanation

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.

(a)CA Family Law Code § 9000(a) A stepparent desiring to adopt a child of the stepparent’s spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b)CA Family Law Code § 9000(b) A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c)CA Family Law Code § 9000(c) The caption of the adoption petition shall contain the names of the petitioners, but not the child’s name. The petition shall state the child’s sex and date of birth and the name the child had before adoption.
(d)CA Family Law Code § 9000(d) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e)CA Family Law Code § 9000(e) The order of adoption shall contain the child’s adopted name and the name the child had before adoption.
(f)CA Family Law Code § 9000(f) If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g)CA Family Law Code § 9000(g) For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.

Section § 9000.5

Explanation

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.

(a)CA Family Law Code § 9000.5(a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:
(1)CA Family Law Code § 9000.5(a)(1) One of the spouses or partners gave birth to the child.
(2)CA Family Law Code § 9000.5(a)(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.
(b)Copy CA Family Law Code § 9000.5(b)
(1)Copy CA Family Law Code § 9000.5(b)(1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:
(A)CA Family Law Code § 9000.5(b)(1)(A) A home investigation pursuant to Section 9001 or a home study.
(B)CA Family Law Code § 9000.5(b)(1)(B) Costs incurred pursuant to Section 9002.
(C)CA Family Law Code § 9000.5(b)(1)(C) A hearing pursuant to Section 9007.
(2)CA Family Law Code § 9000.5(b)(2) In stepparent adoptions under this section, the parties shall not be required to have been married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, for a minimum period of time prior to the adoption being granted or to provide verification of their income or education.
(c)CA Family Law Code § 9000.5(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:
(1)CA Family Law Code § 9000.5(c)(1) A copy of the parties’ marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.
(2)CA Family Law Code § 9000.5(c)(2) A copy of the child’s birth certificate.
(3)CA Family Law Code § 9000.5(c)(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the child’s conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who are required to be provided notice of, or who must consent to, the adoption.
(d)CA Family Law Code § 9000.5(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.
(e)CA Family Law Code § 9000.5(e) The court shall grant the stepparent adoption under this section upon finding both of the following:
(1)CA Family Law Code § 9000.5(e)(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the child’s birth.
(2)CA Family Law Code § 9000.5(e)(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.

Section § 9001

Explanation

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.

(a)CA Family Law Code § 9001(a) Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the court’s own motion. “Home study” as used in this section means a physical investigation of the premises where the child is residing.
(b)CA Family Law Code § 9001(b) At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c)CA Family Law Code § 9001(c) If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker, licensed professional clinical counselor, or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d)CA Family Law Code § 9001(d) This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.

Section § 9002

Explanation

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.

Except as provided in Section 9000.5, in a stepparent adoption, the prospective adoptive parent is liable for all reasonable costs incurred in connection with the stepparent adoption, including, but not limited to, costs incurred for the investigation required by Section 9001, up to a maximum of seven hundred dollars ($700). The court, probation officer, qualified court investigator, or county welfare department may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parent detrimental to the welfare of the adopted child.

Section § 9003

Explanation

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.

(a)CA Family Law Code § 9003(a) In a stepparent adoption, the consent of either or both birth parents shall be signed in the presence of a notary public, court clerk, probation officer, qualified court investigator, authorized representative of a licensed adoption agency, or county welfare department staff member of any county of this state. The petitioner, petitioner’s counsel, or person before whom the consent is signed shall immediately file the consent with the clerk of the court where the adoption request is filed. If the request has not been filed at the time the consent has been signed, the consent shall be filed simultaneously with the adoption request. Upon filing of the adoption request, the clerk shall immediately notify the probation officer or, at the option of the board of supervisors, the county welfare department of that county.
(b)CA Family Law Code § 9003(b) If the birth parent of a child to be adopted is outside this state at the time of signing the consent, the consent may be signed before an authorized representative of an adoption agency licensed in the state or country where the consent is being signed, a notary, or other person authorized to perform notarial acts.
(c)CA Family Law Code § 9003(c) The consent, when reciting that the person giving it is entitled to sole custody of the child and when acknowledged before any authorized witness specified in subdivision (a), is prima facie evidence of the right of the person signing the consent to the sole custody of the child and that person’s sole right to consent.
(d)CA Family Law Code § 9003(d) A birth parent who is a minor has the right to sign a consent for the adoption of the birth parent’s child and the consent is not subject to revocation by reason of the minority.

Section § 9004

Explanation

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.

In a stepparent adoption, the form prescribed by the department for the consent of the birth parent shall contain substantially the following notice:
“Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the adoption of your child through a stepparent adoption does not affect the child’s right to inherit your property or the property of other blood relatives.”

Section § 9005

Explanation

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.

(a)CA Family Law Code § 9005(a) Consent of the birth parent to the adoption of the child through a stepparent adoption may not be withdrawn except with court approval. Request for that approval may be made by motion, or a birth parent seeking to withdraw consent may file with the clerk of the court where the adoption petition is pending, a petition for approval of withdrawal of consent, without the necessity of paying a fee for filing the petition. The petition or motion shall be in writing, and shall set forth the reasons for withdrawal of consent, but otherwise may be in any form.
(b)CA Family Law Code § 9005(b) The court clerk shall set the matter for hearing and shall give notice thereof to the probation officer, qualified court investigator, or county welfare department, to the prospective adoptive parent, and to the birth parent or parents by certified mail, return receipt requested, to the address of each as shown in the proceeding, at least 10 days before the time set for hearing.
(c)CA Family Law Code § 9005(c) The probation officer, qualified court investigator, or county welfare department shall, before the hearing of the motion or petition for withdrawal, file a full report with the court and shall appear at the hearing to represent the interests of the child.
(d)CA Family Law Code § 9005(d) At the hearing, the parties may appear in person or with counsel. The hearing shall be held in chambers, but the court reporter shall report the proceedings and, on court order, the fee therefor shall be paid from the county treasury. If the court finds that withdrawal of the consent to adoption is reasonable in view of all the circumstances and that withdrawal of the consent is in the child’s best interest, the court shall approve the withdrawal of the consent. Otherwise the court shall withhold its approval. Consideration of the child’s best interest shall include, but is not limited to, an assessment of the child’s age, the extent of bonding with the prospective adoptive parent, the extent of bonding or the potential to bond with the birth parent, and the ability of the birth parent to provide adequate and proper care and guidance to the child. If the court approves the withdrawal of consent, the adoption proceeding shall be dismissed.
(e)CA Family Law Code § 9005(e) A court order granting or withholding approval of a withdrawal of consent to an adoption may be appealed in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court.

Section § 9006

Explanation

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.

(a)CA Family Law Code § 9006(a) If the petitioner moves to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the probation officer, qualified court investigator, or county welfare department of the action, unless a home investigation was not required pursuant to Section 9000.5.
(b)CA Family Law Code § 9006(b) If a birth parent has refused to give the required consent, the adoption petition shall be dismissed.

Section § 9007

Explanation

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.

Except as provided in Section 9000.5, the prospective adoptive parent and the child proposed to be adopted shall appear before the court pursuant to Sections 8612, 8613, and 8613.5.