California Adoption Law
Adoption is a legal arrangement where responsibility for a child's well-being is transferred from the child's biological parents to their adopted parents. Adoption law (and most family law) is controlled by the state, who license and regulate adoption agencies. California adoption law is addressed in the civil codes 224o, 227b, 224v and 2306.
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General Rules
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There are several types of adoption situations, but in California some rules apply to all of them. The natural parents must agree and sign documents to give up their parenting roles. Potential adopting parents must first file a petition to request the adoption be approved. California law states that any adult may file a petition as long as that adult is ten years older than the child they are trying to adopt.
California specifies that a child eligible for adoption will be under 18. California allows married, single and divorced people to file for adoption petitions. Representatives of the state stress that no "particular age, housing situation, social background or income" is independently a factor in adoption decisions, but rather just some of the considerations. Working parents are asked to explain how child care will be afforded for the child while the parent is working.
Types of Adoption
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Stepparent or domestic partner adoption situations require the petition, adoption agreement and adoption order forms be signed before an investigator is dispatched to visit the prospective parent's home. If the investigator's report is satisfactory, the court will request a hearing with the adoptive parent and can then make the order for adoption. Relinquishment or agency adoptions are situations where the biological parents sign over parental rights to the acting agency, who find the child adoptive parents.
Independent adoptions are agency-overseen adoptions where the birth parents have designated the adopting parents. Both agency and independent adoptions are similar to stepparent adoption procedures but require some additional paperwork and consent. If the child is over 12 they must sign consent forms. All parties must agree on how open the adoption will be (concerning how or if the child and biological parents will interact) and get it in writing.
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Birth Certificates
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California adoption law requires that a new birth certificate be made at the time of adoption that lists the adopting parents as the parents present at the child's time of birth. The original certificate is sealed but kept on file and can be accessible through a court order.
Federal Laws
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Additionally, the federal government's United States Immigration and Naturalization Service (INS) requires that at least one of the adopting parents must be US citizens. The U.S. Citizenship and Immigration Services (USCIS) is responsible for international adoptions in all 50 states, including California.
Agencies and Organizations
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The Department of Social Services in California assist hopeful adoptive parents by connecting them with the many licensed public and private adoption agencies in the state. The California Adoptions Branch and California Department of Social Services Adoptions Branch also assist prospective parents.
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References
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