What county do we adopt in?

Generally, you can only adopt in the county in which the adopting stepparent lives.

Do we have to live in the county for a particular time before we can file our Adoption Request with the court?

No. It is only required that you are actual residents.

Do we have to be married a certain time before we file our Adoption Request?

California law does not require a minimum time period, so the answer is "no." Some counties "recommend" a minimum period of time to be married, or cohabiting, such as one year.

Why is there an investigation (often called a home study) before the step parent adoption is approved? What does it consist of?

The county and state want to make sure the child's best interests are served by the stepparent adoption being granted and creating a new parent-child relationship. There will be a criminal history check of the adopting parent via fingerprinting.

Is there an investigation of the spouse of the adopting parent (the biological parent of the child who is retaining their parental rights)?

No. The existing parent is not required to go through the fingerprinting process, et cetera.

Is there a fee by for the step parent investigation?

Yes. Each county has a different fee and you must file in the county in which you live. Most counties charge the maximum allowed by law: $700.

What if the adopting parent had a criminal problem, like a DUI several years ago?

It is very rare for such an occurance to deny a stepparent adoption, unless it was for a serious issue. However, if the issue was one related to their character and child-caring abilities, such as child abuse, spousal abuse, et cetera, then yes, it could result in a recommendation to not grant the adoption.

What about if the adopting step parent had a bankruptcy?

Bankruptcy is not a bar to adopting your stepchild.

Do we need the absent parent's consent?

Yes. There is a specific Consent to Adoption form.

What if the absent parent can't be found, or declines to sign a consent?

In about 95% of stepparent adoptions, the absent parent is the birth father, and although the majority of birth fathers willingly sign a consent, it is not unusual when one can't be found, or is not cooperative in signing a consent.

What is the Indian Child Welfare Act (ICWA)?

The ICWA is both a California and federal law which states that if the child is a member, or eligible for membership, in a Native American or Eskimo tribe, special rules and laws apply when the child is to be adopted.

Do we give up future child support after the adoption that the absent parent has been paying in the past?

Yes, the absent parent's obligation for future child support ends when the adoption is granted. If the absent parent is past due on child support, the granting of the step parent adoption does not normally forgive that past-due debt, however.

Do we have to appear in court when the adoption is granted?

Yes. The adopting parent, their spouse (the child's biological parent) and the child must normally appear at the finalization hearing (unless military duty makes it impossible, then there can be an exception, or the adoptive parents have moved away during the step-parent adoption).

Does the child have to consent to the adoption?

If the child is 11 or under, then no, his or her written consent is not required. If the child is age 12 or older, the child must sign a consent to the adoption in the finalization court hearing.

What are typical costs for a step parent adoption, including legal fees? And how do we choose a stepparent adoption attorney?

While costs for stepparent adoption vary little (the investigation, fingerprinting, et cetera), legal fees can vary tremendously. There are many things you can do to select the right attorney for your case.

Do we get a new birth certificate for the child changing their name? Does this cost extra?

Yes, you get one, and no, there is no extra fee. The amended birth certificate will also list the adopting parent as the birth parent, replacing the absent parent, and you can change the child's name.

How does a stepparent adoption affect the rights of the existing custodial parent?

No, the spouse who is the biological parent does not lose her parental rights.

What obligations is the adopting parent incurring?

In adopting the child, the adopting parent is agreeing to assume the same obligations he or she would incur as if the child was born to him or her.

Does the Federal Adoption Tax Credit apply to stepparent adoptions?

No. Unfortunately, the Federal Adoption Tax Credit does not apply to step-parent adoptions.

How long does it take to complete a stepparent adoption?

The real waiting time is how long the government will take to process the adopting step parent's fingerprints. This can add several months. Then there is a way of about 3-12 weeks for the court to set the final hearing date after receipt of the report from the agency.

Do we have to use an attorney to do a stepparent adoption?

Technically, no. You can file on your own, called "in pro per." However, even in uncontested adoptions, there are a lot of important legal issues involved.

How do we select an adoption attorney?

It is recommended to find an actual adoption attorney, as adoptions are uniquely different from general family law cases, which is primarily divorce and child custody.

July 2022 -

POST-COVID PROCEDURE CHANGES FOR ADOPTIONS IN ORANGE, RIVERSIDE, SAN DIEGO AND RIVERSIDE COURTS

July 2, 2022 Randy Hicks

During the last year of Covid, the local courts changed many of their procedures for finalizing adoptions. For example, many…

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