• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu
Riley Pennington

Family is More Than Just DNA: Stepparent Adoptions

July 3, 2019/in Family Law /by Riley Pennington

Stepparents play an important role in a child’s life. Many stepparents want to solidify their role as a child’s parent and fully accept the responsibilities and joys that come with it. Making the choice to adopt a child is an incredibly personal one, and likely comes with a slew of questions for both the parent and the child.

What Is A Stepparent Adoption?

A stepparent adoption is when the spouse of a child’s custodial parent (the parent the child lives with) adopts that child. It is the policy of the Social Services Agency that the custodial parent and the stepparent be married for at least one year prior to the adoption.

What Does the Process Entail?

Generally, to complete a stepparent adoption, the stepparent and custodial parent will first fill out the necessary forms and file a petition in the county in which the stepparent resides. Then, there will be a hearing in court on the matter, in which the child to be adopted, the custodial parent, and the adopting stepparent all attend. The court will then decide to grant the adoption or not.

The process can be also be broken down into 6 steps:

  1. Complete the necessary forms (can be downloaded from superior court website)
  2. Get consent from both birth parent and custodial parent
  3. Mail completed forms to social services
  4. Home visit and investigation with the Department of Social Services
  5. Schedule adoption hearing
  6. Attend adoption hearing

What Consent Do I Need?

The stepparent will need to get consent from the birth parent who is giving up custody of the child. If the birth parent does not want to sign a consent form, you can file a petition to end their parental rights.

However, there is always a question as to whether the birth parent’s consent is required. To answer this question, you have to determine whether that birth parent has consent rights under Family Code §§ 8604-8605 and the Uniform Parentage Act, and/or whether there are grounds to dispense the birth parent’s consent pursuant to Family code §§ 7800 or 8606.

You will also need to obtain the consent of the parent who is retaining custody of the child—in other words, the custodial parent.  The custodial parent must sign a consent, in front of the Court Investigator, a court clerk, or a notary public, allowing his or her spouse/partner to adopt the child.

*Understanding consent can be tricky. For clarity, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

What Does the Court Consider?

The court’s primary concern in an adoption is the child’s best interest. The court hopes to maximize a child’s opportunity to develop into a stable, well-adjusted adult. The court will determine the least detrimental alternative for safeguarding the child’s growth that maximizes the child’s sense of being wanted.

What Happens After The Hearing?

If an adoption is entered, the adopted child and stepparent sustain the legal relationship of parent and child. They can enjoy all of the rights and duties of that relationship. This means that the stepparent has the right to make educational and medical decisions for the child, enter into contracts on the child’s behalf, and discipline the child among other things. Stepparents then can experience all the other joys and hardships that come with being a parent.

How Do I Start The Process?

If you seek to start the adoption process for yourself or a loved one, or have questions about birth parent consent to adoptions, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Riley Pennington

Avatar photo

Riley V. Pennington graduated from Sonoma State University with a degree in Political Science. Riley was heavily involved in several leadership organizations and student government, while serving as President of Alpha Xi Delta Fraternity and as a member of the executive board of the Panhellenic Council. Riley received her Juris Doctor from Thomas Jefferson School of Law. During her time as a law student, Riley was a member of the Public Interest Law Foundation as well as the Family Law Society. In addition to being named to the Dean’s List on numerous occasions, Riley was awarded the Jefferson Medal for excellence in legal writing.

Tags: family law, stepparent adoption
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Linkedin
  • Share by Mail
https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2019-07-03 08:00:162021-12-22 20:05:21Family is More Than Just DNA: Stepparent Adoptions
You might also like
family law attorney walking with colleagues Selecting A Family Law Attorney In Santa Clara County
Stack of money being paid as alimony Spousal Support Attorney, San Jose, CA
A mother holds her child. Learn about child custody from experienced attorneys Lonich Patton Erlich Policastri In The Community!
A certified family law specialist sits at a table in front of a large sunny window What Is A Board Certified Family Law Specialist?
A mother holds her child. Learn about child custody from experienced attorneys 10 Common Child Custody Questions
A mother holds her child. Learn about child custody from experienced attorneys "Even his opponent called him an 'excellent family lawyer'"- AVVO reviewer
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

7 + 1 = ?

Link to: Contact Us

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2023 Copyright Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

Declaration of Disclosure Tom Petty’s Estate is Having a Breakdown
Scroll to top

LPEP COVID-19 Office Protocol