Looking to Adopt in California?

Updated: Apr 22

How To Start Your Adoption Process In California

Adoption is described in California as the legal process by which the birth parent's parental rights are terminated and permanently transferred to the adoptive parents, with the adopted child being considered a family member. Even if you are single, do not own your own house, or are older, you can become an adoptive parent and adopt a child.

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When a California probate court appoints an adult who is not the child's parent to care for and tend to a child or a child's property, it is known as guardianship. If the child is not involved in a Family Court or Juvenile Court case, the probate court in California can only grant probate guardianship. Probate guardianships are divided into two categories: guardianship of the individual and guardianship of the properties.

Adoption Laws in California

Adoption is the legal process of forming a family between a parent or parents and a child who is not biologically related to them. Adoption laws vary by state, and there are many different forms of adoption. Adoption can take place between potential parents and an adoption agency, or it can take place between a private citizen and an adoption agency. Our prescreened Family Lawyers will know the unique needs of LGBT children and parents.

Since adoption is finalized, the child's birth parents no longer have any legal rights over him or her. Many couples and even singles want to start a family but are unable to conceive or chose not to for a variety of reasons.

Adoption could be the best option for gay couples who want to start a family. Whatever your motivation for wanting to adopt a child, we have the specific Family Lawyer that we can match you with. Most adoption and foster care agencies strive to position children in the best possible environment for them, one that will enable them to grow up in a caring environment that will benefit both the child and the parents. There are thousands of children in foster care or pending adoption in the United States, and there's no reason you and your partner can't be the ones to adopt them.

While only married couples could adopt a child in the past, times have changed, and many other couples in relationships can now adopt openly and legally. When it comes to encouraging same-sex couples to adopt, whether married or not, California has some of the most progressive rules. Regardless of the legal issues, if you suit the "untraditional" position, you can expect to have a more difficult time adopting than if you have a "traditional" marriage with both parents. Before continuing, it's also crucial to understand the nuances of adoption laws in other states and countries. Some states and countries outright prohibit same-sex couples from adopting, and other prohibitions can raise concerns that could lead to future problems for adoptive parents and children.

In California, what are the three forms of adoption?

1. Adoption and Foster Care

The children/minors are placed in a community home or a private home with a state-certified caregiver known as "foster parents." To keep the child safe, the group homes and caregivers must be evaluated on a regular basis by child welfare staff. After the court orders an adoption plan, the foster parents are often encouraged to adopt the infant.

2. Adoption

This is the ongoing procedure for assuming parental responsibility for an infant. Adoption entails the biological parents relinquishing their rights and obligations to the adoptive parents.

Biological parents can have some contact and interaction with their children after an open adoption. In 2009, the United States made it possible to use legally enforceable open adoption contract agreements in the adoption process.

There are seals shielding details in a closed adoption to avoid exposure of adoptive and biological parents. A closed adoption allows for the release of "non-identifying" material, such as the child's medical history and ethnic background. Both types of adoptions will be evaluated on a daily basis by child care staff and government officials, regardless of the form of adoption.

C. Legal Guardianship

In layman's terms, a legal guardian is someone who has the legal right to look after another person's personal interests and property. In the event of death, a parent may name a legal guardian, but the court must accept this.