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Step-Parent Adoption in CA

Step-Parent Adoption in CA

In California, there is one of four ways in which a step-parent adoption may occur. Although not required by law, many families choose to get the counsel and aid of an adoption attorney. Adoption is not an automatic result of marrying a child’s natural parent. There is a legal process; beginning with filing a petition. In California the criteria for step-parent adoption are, consent, willful failure to support, abandonment, and termination of rights of either parent.

• Consent  If consent of the absent parent or non-custodial parent is obtained, it is a relatively simple and quick process for the step-parent to adopt a child. As with all California adoptions, a home study must be conducted.
• Willful failure to support  In this case, consent is not required if the custodial parent and step-parent testify to the fact that the absent parent has failed to provide support, and has not communicated with the child for at least a year. The absent parent must be notified and given an opportunity to explain to the court any justifiable circumstances that might exist, preventing the payment of support and communication with the child.
• Abandonment  Again, consent is not required. The criteria for abandonment is either failure to support a child or having no communications with a child for a year., There is another step in the process that involves a probation department’s investigation to determine why the absent parent has not supported or has not communicated with their child for a period of a year. And again, notice must be given to the absent parent plus be given to some of the relatives of that absent parent as well.
• Termination of rights of a parent  This can be accomplished either by a court order or, by "a relinquishment of the child for adoption" on file with if the California Department of Social Services.

The step-parent adoption process can take time depending on how difficult it is to prove the criteria on which the adoption petition is based. For complete and official information regarding step-parent adoption, refer to the California Family Codes at the government website, or consult with a knowledgeable adoption attorney or family lawyer for San Francisco Divorce Mediation.