− Written by Randall Hicks, Stepparent Adoption Attorney −
For many families, adopting a stepchild - particularly in the eyes of the child - is the final step in becoming a true legal family. Step parent adoption also provides legal security in case something were to happen to the existing parent, as without a step parent adoption the step parent has few guaranteed parenting rights. The information below is for step parents residing in Orange County. Please note that if your stepchild is 18 or older, that is handled as an adult adoption.
Adopting a Step Child Step-by-Step in Orange County
The basic requirements for adopting a step child in Orange County are that: you live within the county; the stepparent is married to one of the child's parents (or registered domestic partner) ; and that the child is under age 18 when the court finalizes the adoption. Orange County has many Superior court locations, but uses only one for step parent adoption filings, the Lamoreaux Justice Center at 341 The City Drive South, in Orange.
Is there a required length of marriage?
This is a common area of confusion. There is no requirement under California law that the adopting parent must be married to one of the child's parents for a particular period of time. It could be only days. However, some social workers or agencies in approving the adoption might recommend the marriage be long enough that everyone is sure about the strength of the relationship..
Is a Home Study Required?
Yes, but not like what you might be imagining. A detailed home study, as is done in traditional adoptions (such as adopting a non-relative newborn) is not required in a step parent adoption. However, in a step parent adoption there is what is termed an "investigation" which involves much less time, paperwork and cost than a home study. The person assigned to do a step parent investigation in Orange County is a court investigator employed by the county. The county investigation fee is $700. Few family law attorneys seem to know that a somewhat new law gives you the option to use a private adoption agency instead. The cost is the same, but the private agency option is much faster and more convenient, and can often result in the adoption being completed in only several months faster.
What Documents does Orange County Require for a Step Parent Adoption?
There are several documents that the investigating adoption agency or court investigator will require. Every case is different but the usual minimally required documents are: Notice of Related Case, Adoption Request, Adoption Agreement, ICWA (Indian Child Welfare Act forms - even if the child is not Native American), Memo to Set for Hearing, Notice of Remote Hearing (if the final hearing is requested to be by video); Order for Remote Hearing; Adoption Order and VS-44 (Court Report of Adoption) which is part of generating the child's new birth certificate. There will also be a report recommending the stepparent adoption be granted, as well as parental consents.
Do you prefer learning about adopting in Orange County by video? Just click the video.
Do Birth Parents Have to Consent to a Stepparent Adoption?
Yes, both birth parents must consent. The spouse of the adopting parent signs a consent. The bigger issue is the absent parent (the parent being displaced by the adopting parent). He or she must sign a consent, or in the cases with one legal category of birth father, a Waiver of Notice or Denial of Paternity. In the majority of cases, the absent parent is the birth father, discussed below.
What Are a Birth Father's Rights?
Birth fathers' rights are very complicated. For that reason, it is an area of law best to discuss with an experienced adoption attorney after knowing the facts of your case. The short answer, however, is that there are different categories of birth fathers, each with different rights. If the absent parent can't be found, or won't consent, an action to terminate their parental rights will be required. (You can read our "Advanced Q & A page on subjects such as this, but it is likely easier for you to learn the same facts during your initial consultation.) Of course, sometimes the "absent parent" is the mother, and it is the stepmom who is the adopting parent, but in 95% of stepparent adoptions it is the stepfather who is the adopting parent. Either way, either the consent of the absent parent is required, or a court action terminating their parental rights determining their consent is not required and the adoption can continue without it.
WHAT ARE TYPICAL LEGAL FEES AND COSTS?
The attorney you choose, and their fees, will go a long way in determining your step parent adoption costs. Please read our guide with not just the usual costs incurred in a step parent adoption, but some key tips in selecting the right attorney for you. You can read it here.
Is there a court finalization hearing?
The final hearing is "your" moment, and no one is there is except for you and the child, your attorney, and any guests you wish to invite. It is a private hearing and is closed to the public. The final hearing is usually an in-person hearing, but for some situations the court may approve the parties appear by video through their computer at home/work.
The absent parent does not attend the finalization hearing, and is not even given notice of it. He or she will have already consented to the adoption or had the court terminate their rights.
-What happens at the final hearing?
The final hearing is usually quite happy and ceremonial. The legal requirements have been met and the judge usually just wants to confirm everyone understands the fact that a parent and child relationship will be formed with the accompanying responsibilities. There are also final documents to be signed in the judge's presence. The hearing is so friendly that the judge will normally even pose for a photo with the family on the bench.
-Who is the Judge for Step Parent Adoption Cases in Orange County?
Since 2025 the assigned judge for most adoption matters is the Honorable Ami Segal. She is an excellent and very experienced judge. She is a bit of a rarity as she was actually an adoption attorney before becoming a judge.
Is a New Birth Certificate created to Change Our Child's Last Name?
Yes. The amended birth certificate is like a free benefit to a step parent adoption. It replaces the original one and a new amended one is created to take it's place. The new one can make any changes desired in the child's name (such as changing the child's last name to match the stepfather's) and replacing the absent parent's name with that of the step parent.
-How long does the new birth certificate take to arrive?
If the birth was in California, Vital Records usually takes about 3-6 months after the finalization hearing to prepare and mail the amended birth certificate to you. If the birth was in another state, the time table is about the same.
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