Considering Adoption? Key Legal Insights for Your Family

Adopting a child comes with many emotions. The adoptive parents feel the excitement and joy that accompanies the arrival of a new family member. With those feelings of happiness, adoptive parents may also experience anxiety and uncertainty. In addition to the emotional components that are a part of the adoption process, there are multiple laws and regulations that contribute to the anxiety. 

However, knowledge is the best defense against uncertainty. Having a basic understanding of some key legalities can help you prepare you for your adoption journey.

Age Requirements

California doesn’t have a specific age requirement for adoptive parents. It only requires that they are legal adults, and there is at least a ten-year age gap between the parents and child. The exceptions to this law are adoptions by siblings, stepparents, or another close relative.

If the child is twelve or older, they must give their consent to being adopted.

A Secure and Stable Home

California doesn’t have strict requirements regarding marital status, income, or home ownership. Single individuals and same-sex couples are eligible to adopt. Judges care about what is in the child’s best interest. Therefore, they will look to place a child in a home that can provide them with a safe, supportive, and loving environment.

A thorough criminal background check will be conducted. The judge won’t place a child in a home where one of the occupants has been convicted of the abuse of a spouse or child, neglect, child pornography, rape, sexual assault, or homicide. In addition, there are other felonies that would prohibit the adoption of a child.

The Home Study Process

The home study is essential in assessing your home environment and ensuring the child is adopted by a loving, nurturing family. There are multiple components involved with the study:

1. An interview with the social worker to discuss your reasons for adopting, your background, family dynamics, and parenting style
2. A home visit to ensure your home is safe and suitable for a child.
3. Documentation regarding your physical and mental health, proof of income, health insurance
4. References from family and friends

In addition, you will need to attend an adoption training program to prepare you with the skills and knowledge you will need to raise your child, especially if the child has special needs or has experienced trauma.

Do Birth Parents Have Any Legal Rights

Some prospective adoptive parents worry the birth parents will change their minds and take their child back. However, California outlines the legal rights of birth parents in the adoption process. They must voluntarily consent to the adoption. If there is no father listed on the birth certificate, every attempt must be made to locate them.

In an independent adoption, the birth parent has 30 days to revoke their consent.

Many families choose open adoptions. The birth and adoptive families have some level of communication after the adoption. They may share pictures, have video chats, or in-person visits.

Navigating the Adoption Process with LPEP Law

If you are considering adoption, your first step should be contacting one of our lawyers at Lonich Patton Ehrlich Policastri. We will work with you throughout the adoption process to ensure that the paperwork is complete and that legal requirements are met.

We understand that adoption can be an emotional process that involves multiple moving parts. Your attorney will be with you every step of the way, from the initial consultation to finalizing the adoption and beyond.

Contact us for a free consultation by calling (408) 553-0801. Your adoption story can begin today.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.