Stepparent Adoption Attorney Fees

A sad reality is that many attorneys quote you a low price, then end up charging you much more by the time you have completed your finalization hearing, saying "It took longer than expected." To see how easy and likely that is to happen, consider that most SoCal family law attorneys charge about $400 an hour. Imagine how quickly that will add up when counting all his or her time spent with you or on your behalf:

• Researching the proper procedures.
• Preparing your legal documents (on average 8-10 pleadings/attachments).
• Writing needed correspondence to the court and parties.
• Working with the agency caseworker in their investigation.
• Reading the agency's final court report.
• Setting the final hearing.
• Travel time to court for your final hearing, then the time at court for your final hearing (be aware 5-12 cases are often set for the same time in some counties, so you might be waiting a long time in the hallway before your hearing begins), and finally the attorney's travel time back to their office after your final hearing, at which time they will likely charge you to scan and close your case and send you closing documents.
• Prepare the form for the amended birth certificate.

So what additional fees are there for you? You directly pay your stepparent investigation fee. This is $700 if done by the adoption agency we usually works with. It can be lower for some counties if you elect to have the county investigation department do it instead: San Diego: $270; Riverside: $344; Los Angeles, Orange and San Bernardino county investigations are $700. Other than the step parent fingerprinting of $64, these are the only cost you normally will have.

Here is a transparent summary of fees:

Legal services: $2,500
Investigation fee: $700 (or less in some counties)
Fingerprinting cost: $64
Total cost: $3,264

What if your adoption is one of those unlucky ones that have a legal complication? Usually this is the "absent" parent being replaced by the adopting parent, and in 95% of cases it is the birth father so let's assume that for a moment. We offer flat-fees here as well, so you know your expected fee in advance. In most cases, the birth father will sign a consent to adoption, in which case no termination of parental rights action is involved. But what if he won't consent, or he can't be found?

Our first analysis is if he is a "presumed" or "alleged" father, based upon factors like if he was on the birth certificate, married to the mother or lived with the child and held the child out as his own. If so, his rights are escalated and more is involved in terminating those rights. This requires an "abandonment" hearing which includes heavy briefing for the court. The flat fee is $3,850. If he can't be found we are required to do a detailed search and if that fails, we must ask the court to give permission to "give notice by publication". This is usually in the back of a newspaper, like the classified, which meets the constitutional requirements of notice. This is a long process and the flat fee is $1,850 requiring not only a lot of paperwork but also a court order. There is also the actual cost of the publication which is usually $100-$200 depending on the required newspaper in the birth father's last known region. To learn more about complicated legal issues like this we have an Advanced FAQ page for you.

If the birth father is in the lesser "alleged" the flat fee for the termination of parental rights paperwork is $1,850 when we can accomplish it without a court hearing, which is the norm.

Additional legal fees normally only arise if the birth father (or mother) actively elects to object and a trial must be set to litigate the case. In this instance we have to charge hourly as one case might involved 2 hours of "legal battle" in court, and another might take days. It is rare for other problems to occur, but those would also be handled hourly after informing you. This might involve the Indian Child Welfare Act or interstate complications and similar possible problems.

If you have not already read our review of the laws and procedures of stepparent adoption, please select your county here to learn about that. You can learn more about attorneys, Randy and Allen here. If you have already done so and wish to schedule your free Zoom consultation, please complete the Stepparent Adoption Consultation Questionnaire. We will reach out to you after we receive it.

10% Military Discount

We have great respect and appreciation for the men and women serving in the Armed Services. (Allen is an Air Force veteran.) If the stepparent (or their spouse) is active military, we discount our flat fee by 10%, thus $2,250 rather than $2,500. This is a small way to say thanks for your selfless service.