This pamphlet provides an overview of stepparent adoption. Topics covered include general requirements, obtaining consents, and the legal steps to follow in the adoption process.
USLegal Pamphlet on Stepparent Adoption
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A stepparent adoption always begins with the filing of a petition for the adoption. The petitioner is the stepparent that hopes to adopt the child, and the case is filed in the county where the petitioner lives (usually this is the same county as the child).
Under California law, a noncustodial parent's consent isn't necessary for adoption if the parent willfully fails to communicate with and to pay for the care, support, and education of the child (when they were able to do so) for a period of at least one year.
California has long recognized the right of a stepparent to adopt the biological child of his or her spouse through a stepparent adoption, which terminates the parental rights of the other biological parent, which is often an ex-spouse of the parent retaining custody.
An uncontested step-parent adoption takes approximately 3 months from first visit to an attorney until final order of adoption. A contested matter will take longer...
If a parent does not have Parental Responsibility (PR), the court is not required to have their consent before making an adoption order. However, if this parent has a close connection with their child, it is likely the court will want to find out their views, as well as the child's.
The biological dad has rights until they are terminated by a court. Just because he did not sign the birth certificate does not mean he is not the father and has no rights.Also, the courts generally would like to see the couple married before the other person is allowed to adopt.
Numbered part of form 1. Petitioner A Name is the name of the person filing the petition. Enter that person's name and date of birth.
Anyone who is recognised as your child's legal parent, provided they have parental responsibility, will need to consent to an adoption order.For example, if the biological father is not named on the birth certificate and so does not have parental responsibility, his formal consent is not required to an adoption order.
Usually, the child attends the final hearing along with the parent and stepparent. The judge will ask the stepparent if he willingly agrees to the adoption and will ask the same of the biological parent. The judge will also ask the child if he or she is in favor of the adoption.