California Adoption Laws
By FindLaw Staff | Legally reviewed by Heather Biddle, Esq. | Last reviewed December 27, 2022
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Adopting a child can be a joyous occasion, but adoption can also be a legally complex process. State laws regarding who can be adopted, who can adopt, and how the process works can be pretty tough to figure out.
Here is a brief introduction to adoption laws in California.
State Laws
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 and need the consent of children 12 and older, which is not too different from laws in other states. But since adoption is such a complicated (and important) process, you should contact an attorney for assistance.
Adoption Laws in California
Each state has different adoption laws. Below are some of the basic rules surrounding California adoption.
Code Section |
|
|---|---|
Who May Be Adopted |
Any unmarried minor child at least 10 years younger than their prospective adoptive parent or parents; any married minor or adult |
Age that Child's Consent Needed |
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 Required Prior to Finalization of Adoption? |
No |
State Agency/Court |
State Department of Social Services/Superior Court |
Statute of Limitations to Challenge |
On any grounds except fraud: 1 year; fraud: 3 years |
Generally speaking, 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. To date, 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.
Related Resources for Adoption Laws
The standards and regulations concerning adoption can vary greatly from state-to-state, and from country to country. You can review some of them in FindLaw's adoption law section and get a more general overview in our adoption section.
If you would like legal assistance with your adoption case, you can schedule a consultation with an experienced adoption attorney in California.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.