What is a step-parent adoption?
A step-parent adoption is when a step-parent petitions the court for adoption of his or her spouse’s child (current spouse of step-parent) from a former marriage or relationship. Both the parent retaining custody and the other birth parent must consent to the adoption. Ste-pparent adoptions do not require an adoptive home study or investigation. The child is not being placed for adoption, rather they are joining the family with a birth parent. The Department of Social Services must receive a copy of the petition and notice of hearing of all adoptions, including stepparent adoptions.
A step-parent over the age of eighteen who is presently married to the consenting natural or adoptive parent of a child can under California law become the legal adoptive parent of the child provided one of several circumstances exists. If the facts required by law exist, the step-parent can petition to adopt the child. The adoption by a step-parent, like any other adoption, results in severing the absent biological parent’s legal connection to the child, ending that person’s rights (including custodial and visitation rights) and responsibilities (including financial support). II. What Circumstances Must Exist for a Step-Parent Adoption To Be Available? There are four possible routes to a successful step-parent adoption. 1.Consent. This is the easiest and least costly avenue to step-parent adoption. The non-custodial biological parent signs forms prescribed by the State of California consenting to adoption by the step-parent. After that, the procedure is essentially the same as in any
