Adoptions in California are approved by the Superior Court located in the County where the parties reside. The adopting parents can begin the process by filing a Petition with the Superior Court. Notice of the action needs to be given to all interested parties such as biological parents, legal guardians (if any), adoption agency if one is involved, the child to be adopted if 12 years of age or older.The process can be lengthy if the child needs to be freed for adoption. If a parent has not signed a consent form then it is possible that a petition to terminate parental rights needs to be filed in order that the child can be freed to be adopted.
Once all of these steps have been taken the adopting parents will attend a hearing. If the child is twelve (12) years of age or older the child needs to attend the hearing as well.
Pertinent Family Code Sections:
In California:
Family Code § 8600—to be to be adopted a person must be unmarried and under 18 years of age in; unless, the person is an adult who has consented to be legally adopted by another adult.
Family Code §§ 8600; 8601—an adult generally must be at least 10 years older than the child that he or she wishes to adopt.
Family Code §§ 8801.5; 8704— provides that only an underage child's biological parent or parents, a licensed adoption agency, and the California Department of Social Services are allowed to legally authorize an adoption.
The Law Office of Bettina Yanez can assist you in preparing all necessary documents and will guide you through the process.
