The information included in this guide does not apply to independent, agency, international, or adult adoptions. See the Adult Adoption Resource Guide for information on that procedure.
You can find additional materials on family law by browsing the library shelves near the listed books or by searching the library catalog.
BASICS
Adoption is a process that creates a legal parent-child status between parties who do not have a biological parent-child relationship. Once an adoption is finalized, the adoptive parents and children have the same rights and obligations as legal or biological parents and children (Family Code 8616). In other words, the parents and children acquire rights such as custody and inheritance, and responsibilities such as child support and liability for the child's willful misconduct.
In a stepparent adoption, one biological parent retains parental rights, but the parent-child relationship is severed with the other parent (Family Code 8548). After this relationship is severed, the biological parent loses all rights to and responsibility for the child (Family Code 8617). The adopting parent acquires these rights and responsibilities.
Stepparent adoption is a permanent transfer of parental rights and responsibilities. Once a stepparent adoption is finalized, it cannot be revoked or nullified, except in very rare situations, such as serious legal defect, fraud, or mental illness or disability discovered within 5 years of the adoption (Family Code §§ 9100-9102).
In order to proceed with a stepparent adoption, you must meet all the legal requirements:
- The adopting and legal parent must be legally married or in a domestic partnership registered with the state (Family Code 9000). If you are not married to, or domestic partners with, the child's parent, you may still be able to adopt using the "second parent adoption" procedure. That is a very complex process, and will require the assistance of an attorney.
- The adopting parent must be at least 18 years old, and at least 10 years older than the child (Family Code 8600-8601). The 10-year age difference may be waived in some situations.
- The adopting parent's spouse or domestic partner must consent to the adoption (Family Code 8603).
- The child's other legal parent must consent to the adoption. If you cannot locate the other parent, or if the other parent refuses to consent to the adoption, you may still be able to adopt the child. There are several different methods for finalizing a stepparent adoption without parental consent (Family Code 8604-8606). This flow-chart will help you determine the proper method for your case.
- If the child is 12 years or older, the child must consent to the adoption (Family Code 8602).
More information about stepparent adoptions is available from the following resources.
1. SELF-HELP
Self-help materials provide "plain English" explanations of the law, written by attorneys or other legal professionals. These resources include basic procedures, forms with instructions, and models of other documents that may be required.
2. LEGAL ENCYCLOPEDIAS AND LAW SUMMARIES
3. PRACTICE GUIDES These are "practitioner's guides" aimed at attorneys; they contain a lot of information about the law, procedures, motions, and forms.
4. FORMS
Stepparent Adoptions require statewide Judicial Council forms, state agency forms, and Sacramento County Superior Court local forms. These forms, along with step-by-step instructions, are available from the Sacramento Superior Court's website at http://www.saccourt.ca.gov/family/self-help-resources.aspx#stepparent-adoption.
5. STATUTES
All of the materials listed above will refer you to sections of the California Codes.
Books:
- Deering's California Code Annotated KFC 30.5 .D4
- West's Annotated California Codes KFC 30 .W48
Websites:
6. WEBSITES
updated 09/11 mpj