Ask a Family Law Attorney: How Do I Adopt My Stepchild in California?
Posted on: October 14, 2020
The process of adopting a child can be long, confusing, and frustrating, even when the adopter is a stepparent of the child. However, if you work with the right family law attorney, it can be a relatively straightforward process. Keep reading to learn about the steps or contact Law Office of Michael L. Fell at (949) 585-9055 to talk to an attorney who can help you.
The Two Types of Stepparent Adoption
There are actually two main types of stepparent adoption. Both involve the spouse or the domestic partner of the child wanting to adopt the child. The simplest option is that the stepparent was married to or was a legal domestic partner at the time the child was born, and they are still married to or a legal domestic partner of the parent. The more complex issue is one in which the couple was not together at the time of the child’s birth or are no longer together.
The Main Steps in the Adoption Process
When you are adopting a stepchild, you will begin by getting information about the adoption process. We recommend you work with an attorney at this point. You will then fill out your court forms and have your attorney review them. Make sure that you make at least two copies of every form. Then file them with the court clerk.
You should also be sure to communicate with the child about the divorce. Serve papers to the other birth parent notifying them of the request for adoption, then get their consent to adopt the child. You will then be interviewed by an investigator and will get a court date for your adoption hearing.
If the child is 11 years or younger, they do not have to give written consent, but the investigator is likely to talk to them and take their opinion into consideration. If the child is at least twelve years old, then they will have to consent to the adoption at the finalization court hearing.
What to Expect at the Finalization Hearing
When you get to the finalization hearing, the parent who is adoption, their spouse, and the child must appear – in most cases. You can expect the hearing to take one to two months from the date of the investigation filing. Once it is finalized, a new amended birth certificate will be issued that shows the adopted parent as the birth parent and, if requested, will change the child’s last name.
This is a process in which you do not want to make a mistake. Maximize your chances of success with no surprises by contacting Law Office of Michael L. Fell at (949) 585-9055 to learn more about your rights and your options.
