What is the Adoption Process for a Child in California?

There are many reasons a person in California may be planning an adoption, whether they hope to bring a child into their lives through an adoption agency or to formalize a parent-child relationship with a foster child or stepchild. If you are currently considering adoption in the San Jose area, you may have questions about how the adoption process works and what you should expect. Our San Jose adoption and family lawyers can provide you with more general information below, and we can discuss your adoption case with you today to help you move forward with your plans.

What is an Adoption?

Adoption in California is the legal process through which parental rights are established and a parent-child relationship is lawfully created. Adoptions typically involve minor children, but in some cases, one adult may wish to adopt another adult.

Adoptions can involve bringing a new child into your home, whether through an agency or through an independent adoption with a birth parent, or formalizing a parent-child relationship with a foster child or stepchild who already lives in your home. In adult adoptions, parties may wish to formalize an existing parent-child relationship for various reasons.

What to Expect During the Adoption Process in California

The specific process for your adoption, as well as the particular section of the California Family Code that will govern your case, will depend on whether you are adopting an unmarried minor (which is most common), an adult, or married minor, as well as other factors. The process will vary depending on which of the following types of adoption you are planning:

• Stepparent adoption;
• Adoption confirming parentage;
• Independent adoption;
• Agency adoption;
• International adoption (i.e., adopting from another country); or
• Adult adoption.

Depending on whether there is an existing legal parent, you may need to either obtain parental consent for the adoption or go through a court hearing in order to terminate parental rights.

For nearly all adoptions of a minor child, the adoption process will involve the completion of an adoption petition (also known as an Adoption Request in California) and a home study. A home study provider will explain what to expect during the home study, which typically includes at least two visits to your home, medical and background checks, and a review of social, family, financial, and employment histories for the planned adoptive parent or parents.

Most adoptions then require an adoption hearing. During the hearing, you will go before a judge. These hearings are private and not open to the public, but you may be able to bring friends and family members to be present. The adopting parent and the child will need to attend. At the hearing, the judge will typically ask to confirm specific information before moving on to an Agreement of Adoption. Once the Agreement of Adoption is signed (by the adopting parent or parents, as well as by the child if the child is at least 12 years old), then the judge can sign an Adoption order, and the parent-child relationship will be finalized.

Contact Our San Jose Adoption and Family Law Attorneys Today for Help with Your Case

Do you have questions about the adoption process in California? An experienced San Jose adoption lawyer at Foster Hsu, LLP can answer your questions today and can begin working with you on your adoption plans.

Source:

law.justia.com/codes/california/code-fam/division-13/