Adoption 2018-03-16T13:09:38+00:00

Adoption

As you may already know, adoption is the process of permanently gaining legal parental rights over a child, usually with no previous biological ties. When an adoption is finalized, the adoptive parents take on all of the responsibilities of the child as if they were the child’s birth parents. Whether it’s because you can’t bear your own child or you want to become a legal guardian of a step-child or a relative whose parents are both deceased, adoption can be a long and arduous process.

At King Law Firm Attorneys at Law, Inc., we want to make the adoption process as smooth as possible. We care about you and your potential child’s future and want to provide you with the confidence you need to navigate through the process of adoption. We will keep you informed of your progress at each stage of the adoption, discuss what will need to be done and what you should expect during the process, and what type of outcome you can expect in your individual circumstance.

Stepparent and Domestic Partner Adoption

One of the more common types of adoption, stepparent and domestic partner adoptions occur when the legally married spouse or registered domestic partner wishes to adopt the child of their significant other. Although at least one of the child’s birth parents still holds custody after the adoption takes place, this type of adoption can get a bit heated when the second parent is still alive.

If the second parent is deceased, you must show proof of death in the adoption request; otherwise, you must obtain written consent from the second parent. If you’re unsure as to where the second parent is, you must do everything you can to find them (which includes contacting mutual friends, searching the internet, and contacting the DMV or county clerk’s office for more information). Once that’s occurred and you still cannot locate their whereabouts, you can file for a court order to terminate the rights of the second birth parent. Where it gets tricky is when the second birth parent declines to consent. The court will want to hear the other birth parent’s story before deciding whether to end all of their parental rights over the child.

It’s best to consult a lawyer when you aren’t sure who or where the second birth parent is, are unsure as to whether they are deceased or not, or if the second parent doesn’t consent to the adoption.

Independent, Agency and International Adoption

In all three types of adoption, the court transfers all parental rights from the child’s birth parents to the adoptive parents once the adoption has been finalized.

Independent Adoption

Includes all cases of adoption where neither an adoption agency nor the Department of Social Services participate in the process of adoption.

Agency Adoption

This is when a licensed adoption agency and the California Department of Social Services is part of the adoption process.

International Adoption

This is when a child is adopted from another country.

Some Things To Remember

  • If the child is over 12 years of age, they must consent to the adoption proceedings before they can move forward.
  • California courts use the same basic Judicial Council forms for all adoption proceedings. Generally, if an agency is involved, they will take care of filling out and filing the paperwork for you. Otherwise, it will be your sole responsibility.
  • In all cases of adoption, you are required to meet with an investigator who will review your case and collect information about you and the child that the judge will use in deciding whether to grant the adoption.

If you’re curious as to the types of forms that must be filled out, need help in finding the second birth parent, or want to know what to expect during the adoption process, contact King Law Firm Attorneys at Law, Inc. for a consultation.

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