Can a stepmom adopt a stepchild?

Under California Family Code Section 9000, a stepparent desiring to adopt a child of the stepparent's spouse or domestic partner may file a petition with the family law court to establish themselves as a legal parent of their stepchild.

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USLegal Pamphlet on Stepparent Adoption

Contra Costa California USLegal Pamphlet on Stepparent Adoption

Name: Contra Costa California USLegal Pamphlet on Stepparent Adoption
Brand: US Legal Forms
Rating: 4.58 (399 reviews)

Category:

Adoption - Stepparent

State:

Multi-State

County:

Contra Costa

Control #:

US-PMPH-07

Format:

Instant download

Description

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.

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FAQ

When a stepparent wishes to adopt a stepchild, the child's parents (the stepparent's spouse and the noncustodial or absent parent) are usually both required to consent to that adoption. In consenting to an adoption, the noncustodial parent relinquishes all parental rights and responsibilities, including child support.

Adopting without Biological Father's Consent In general, if the child's biological father is not on the birth certificate, has not registered with the putative registry, as not provided paternal support (financial, etc.), you can pursue an adoption without the birth father's consent.

Under California Family Code Section 9000, a stepparent desiring to adopt a child of the stepparent's spouse or domestic partner may file a petition with the family law court to establish themselves as a legal parent of their stepchild.

If you are married to your baby's father and he won't give written consent to an adoption, the only way an adoption can take place is if the state of California decides to terminate his parental rights.

Adoption Laws in California Code SectionFamily §§8500-9340Age that Child's Consent Needed12 years and olderWho May AdoptAny adult; must be 10 years older than child unless stepparent, sister, brother, aunt, uncle, or first cousin and court approvesHome Residency Required Prior to Finalization of Adoption?No3 more rows

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 average time for a step parent adoption in California to be completed is 2-4 months from filing.

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.

You may be wondering whether you can have your spouse adopt your child without the biological parent's consent. In California, in order to do a stepparent adoption, the absent parent must have his or her parental rights terminated in order for the step parent adoption to move forward.

Contra Costa California USLegal Pamphlet on Stepparent Adoption

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