California Adoption Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed November 06, 2024

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Adopting a child should be a joyous occasion. It's also a complex legal process. State laws regarding who can be adopted, who can adopt, and how the process works can be challenging to navigate. If you are considering adoption, it's essential to understand the legal requirements specific to the state of California.

Here is a brief introduction to adoption laws in California to help guide you on your adoption journey. If you're feeling overwhelmed, talk to an adoption attorney.

Types of Adoption in California

In California, there are several types of adoption to consider. Each has its own legal requirements and processes. Types of adoption include:

  • Domestic adoption
  • Foster care adoption
  • Stepparent adoption
  • Independent adoption
  • International adoption

In foster care adoption, foster parents adopt children who are in the foster care system. This occurs after they've been fostering the child.

Stepparent adoption allows a stepparent to adopt their spouse's child. The other birth parent must agree to terminate their parental rights.

Independent adoption involves direct arrangements between the birth mother, birth father, and adoptive parents without an agency. The adoptive parents are often expected to pay for the medical costs associated with the birth.

International adoption involves adopting a child from another country. The laws of both countries require fulfillment.

American adoptions may include adopting a Native American child, which involves the Indian Child Welfare Act. Having an attorney for this type of adoption is a necessity.

Whether you're embarking on an adoption journey as a prospective parent or looking to adopt a specific child, familiarizing yourself with these various adoption types can help you navigate the process. While California wants to find homes for every child, it's important to make sure it's with a good family.

California Adoption Laws: At a Glance

Regulations and laws regarding adoption, including who may adopt and special requirements for adoptive parents, are fairly similar among most states. California law requires prospective parents to be at least 10 years older than the adoptee. You also need the consent of children 12 and older.

The table below recaps some of the basic rules surrounding California adoption.

California Adoption Code Sections

California Code

Family Code

Who May Be Adopted

Any unmarried minor child at least 10 years younger than their prospective adoptive parent or parents; exceptions can be made for stepparents and relatives

Age at Which the Consent of the Child is Required

12 years and older

Who May Adopt

Any adult; must be 10 years older than the child unless stepparent, sister, brother, aunt, uncle, or first cousin; and the court approves

Home Residency Requirement Prior to Finalization of Adoption

None

State Agency/Court

State Department of Social Services/Superior Court

Statute of Limitations to Challenge
  • On any grounds except fraud: One year
  • Fraud: Three years

Any single adult or a married couple together is eligible to adopt. A stepparent is also eligible to adopt the birth child of their spouse. In certain states, married persons are allowed to adopt on their own if their spouse is legally incompetent or if they are legally separated from their spouse.

As of 2024, all states including California allow adoption by same-sex couples. Judges in adoption courts will normally look to the best interests of a child when making adoption decisions.

California Adoption Process and Requirements

The adoption process in California involves several key steps. Prospective adoptive parents must complete a home study. This includes background checks, home inspections, and interviews conducted by a social worker to ensure a safe and suitable environment for the adopted child.

For foster care and domestic adoptions, working with a licensed adoption agency or facilitators is essential to navigate the legal paperwork. This includes the adoption petition. Court procedures are also tricky. Independent adoptions require direct coordination with the birth parents, and the biological parents must relinquish their parental rights as part of the adoption plan.

The California Department of Social Services oversees the adoption process. This ensures all legal rights and child welfare standards are met. Adoptive families will get the adopted child a new birth certificate. This reflects the legal change in parentage. Understanding these requirements is crucial for anyone considering adoption in California.

Adopting in California? Get Legal Help With the Adoption Process From an Attorney

If you would like legal assistance with your adoption case, you can schedule a consultation with an experienced adoption attorney in California. An adoption attorney can help you understand the complexities of the adoption laws, assist with the necessary paperwork, and represent you in court. They can also provide guidance on selecting a reputable adoption agency or facilitator.

Was this helpful?

Helpful Links

Popular Directory Searches