Adoptions in California

There are generally six (6) types of adoption proceedings in California. Each is discussed below:

Independent adoptions: Independent adoptions occur when the birth parents personally select the prospect adoptive parents. The adoption is accomplished by means of a state mandated adoption placement agreement. An adoption service provider (ASP) oversees the adoption process. The adoption placement agreement must be signed by the birth parents, adoptive parents and the ASP. Unless the birth parent waives their right, the consent to the adoption may be revoked by the birth parent within 30 days after the placement agreement is signed. After the 30 day period, the placement agreement becomes permanent and may be challenged only on the basis of mistake, fraud, coercion, undue influence or duress.

After the adoption placement agreement is signed, the adoptive parents then file their adoption petition. At this time the State Department of Social Services (Department) conducts an investigation of the proposed adoption and submits its findings to the court. The investigation includes a review of the child’s medical, family and social history, the background and suitability of the prospective parents and information regarding the termination of the legal rights of the birth parents. The adoptive parents are responsible for taking legal action against any birth parent who fails to cooperate. Usually, this report must be filed within 180 days of the filing of the adoption petition. After the Department’s report recommending approval of the adoption is filed with the court, the final hearing on the adoption is held.

Agency Adoptions: An agency adoption is conducted by a licensed private adoption agency. The private adoption agency performs the services that the ASP and the Department of Social Services conducts for an independent adoption. These adoptions differ from independent adoptions not only in who oversees the adoption process but also in the order of adoption procedures. In agency adoptions, the investigation of the adoptive parents occurs before a child is placed in their home. The agency normally has legal custody of the child until a final adoption decree is granted and a child will not be placed with the adoptive family until the child is legally free for adoption. Again, the adoptive parents may be responsible for taking legal action against any birth parent who fails to cooperate. After the child is placed with the adoptive parents, there is usually a six-month period during which the agency supervises the adoption before the agency will recommend approval of the adoption to the court.

Stepparent Adoptions: These adoptions are similar to independent adoptions. The stepparent initiates the adoption procedure, undergoes a limited investigation and is responsible for addressing the legal issue of the termination of the noncustodial birth parent’s rights. To qualify as a stepparent adoption, the adoptive parent must be legally married to the custodial parent and that parent must consent to the adoption. Usually local agencies regulate stepparent adoptions.

Second Parent Adoptions: This is the adoption of a minor child by the same-sex partner of the legal parent of that child. The legal parent could either be the birth parent or adoptive parent of that child. A registered domestic partner can adopt a child of his or her partner using the stepparent adoption procedures.

Adult Adoptions: These adoptions are simpler than those involving minors. Since the adoptee is an adult, no parental consent is required from the birth parents. Additionally, in most cases a court report is not required. The adoption petition is filed and the adoption agreement and consents are signed by the affected parties and filed with the court. A hearing is still held to issue the adoption decree. Special procedures apply when the adoptee is developmentally disabled.

Intercountry Adoptions: These adoptions refer to the adoption of a foreign-born child. Private licensed California adoption agencies are the exclusive providers of intercountry adoption services.