Are You Thinking about Adopting in 2020?
Adoption is the establishment of a legal parent-child relationship between people who do not share a biological parent/child relationship. California has established specific rules for adoptions, and they vary depending on what type of adoption you are considering.
There is a reason for these rules. Once an adoption is finalized, you will have full parental rights over the child (except in the case of adult adoption). This new legal relationship is permanent, and it carries with it all the legal rights of parenthood.
Types of Adoptions
Several different types of child adoption are possible, as summarized below:
Type I: A Stepparent or Domestic Partner Adoption
In a stepparent or domestic partner adoption, the child is adopted by a step-parent or the domestic partner of the child’s biological parent, so that the couple are both the legal parents of the child. Statistically, stepparent or domestic partner adoption is the most common type of adoption. It also avoids many of the procedural complications of other types of adoptions.
Type II: Independent Adoption
In some cases, you can adopt without the aid of an adoption agency or the California Department of Social Services. It is even possible for the child’s biological parents to retain their parental rights if you agree to it.
Type III: Agency Adoption
In an agency adoption, either the Department of Social Services or an adoption agency takes part in and supervises the adoption. The child’s birth parents are deprived of all of their rights with respect to the child.
Type IV: International Adoption
This kind of adoption occurs when you adopt a child from a foreign country. Currently, China is one of the most popular countries to adopt from. International adoption can get complex, because you will need to deal with the adoption and immigration legal systems of both countries. As with a domestic agency adoption, the child’s biological parents give up all of their parental rights.
Adoption Procedures
The following is a rough guide to the procedures involved with a California independent, agency, or international adoption. Procedures are different for stepparent adoptions. Keep in mind that, if you are using an agency, the agency will take care of most of these procedures for you.
Complete the Adoption Request (Form ADOPT-200); the Adoption Agreement (Form ADOPT-210); and the Adoption Order (Form ADOPT-215). Special procedures are required for a Native American child. Make two copies of each form and keep them.
Submit these forms to the clerk of the appropriate court after having your lawyer check them over first. You will have to pay a filing fee, which varies by county. Certain requirements may also vary by country, so check with the court clerk for any local adoption requirements.
Participate in an interview and an investigation conducted by the adoption investigator assigned to your case.
Attend the adoption hearing on the date assigned by the court. The child must attend the hearing with you.
You’re Going to Need a Lawyer
If you are considering the possibility of joint custody, you are going to need to make an informed decision rather than a hasty one. To explore your options, call 909.204.7920 directly, fill out our online contact form, or stop by one of our offices in Rancho Cucamonga, Riverside, and Los Angeles.
