How to Adopt a Stepchild in Los Angeles County – Advanced FAQs

In which county do we file our adoption petition?

You file your Stepparent Adoption Request (the Petition for Adoption) in the county in which you live. So if you live in Los Angeles County, you will file in the Los Angeles County Superior Court. There are 12 district courts in L.A. County, but these are not used for adoptions. All stepparent adoptions are filed in the Edmund D. Edelmen Children's Court (the county's central court for children's cases, located at 201 Centre Plaza Drive, Monterey Park).

Is there a court filing fee?

Yes. It is $20. Some counties also charge a court reporter fee, but Los Angeles County does not.

What are the basic requirements?

1. A stepparent adoption requires that the stepparent be married (or registered domestic partner) to one of the child's parents. There is no minimum required time to be married under California law, although some caseworkers will recommend to you to have a long enough marriage and established relationship with the child before doing a stepparent adoption. If a non-spouse (such as a boyfriend or girlfriend) wants to adopt their partner's child, that can be done, but it is a traditional adoption and more expensive. One main difference is the cost of the required investigation, covered below.
2. The stepparent must live in the California county in which the stepparent adoption request will be filed.
3. The child must consent to the adoption in writing if he or she is age 12 or over.
4. You will need to provide a certified copy of the child and adopting parent's birth certificates, as well as the marriage certificate. If there were any prior marriages, that court order will also be required, although not all agencies require that it be certified.
5. The stepparent's spouse (the parent of the child) must also consent to the adoption in writing.
6. The absent parent (in most stepparent cases, this is the birth father) must also consent (or in limited cases sign a Waiver of Notice or Denial of Paternity). The complicated issue of birth fathers, and the different legal categories in which they can exist, is discussed later in this article.
7. The child being adopted must be 10 years younger than the adopting parent, and be under the age of 18. If the person being adopted is age 18 or older, this is a different process, called adult adoption. To learn more about that please visit our Adult Adoption Center.
8. The stepparent must go through a basic investigation to establish he or she is an appropriate parent. This includes fingerprinting for any criminal history or child abuse issues. This does not mean someone with a past criminal issue can't adopt, but it can be a factor. The key is what the offense was, and did the person learn from their mistake. A DMV check is also done. There is usually no home visit, as would be the case for a full home study done in traditional adoption, but there is usually an in-person interview with the assigned caseworker, usually in their office.
9. You must pay for the stepparent adoption investigation. Each county has a designated agency or person assigned to do these investigations and the fee is capped by statute at $700. Some counties charge less. A key option for adopting stepparents is that a private adoption agency can be used rather than the (often slower) county agency. Private adoption agency fees are also capped at $700, so you can usually get more speed, for the same price. Compare this low $700 fee to traditional adoption, where the State Department of Social Services charges $4,500 for a full home study.

Is the adopting parent incurring any obligations?

Yes. When adopting a stepchild, the adopting parent is agreeing to assume the identical obligations that would be incurred for a child by birth. This means supporting the child and providing for their needs, as well as creating the right of inheritance if the parent were to die without a will or trust. Technically the line of inheritance is spouse first, then if no spouse, to the child. This is only for when people die with a will or trust. If you have a will or trust, as a general rule, you can leave your property to whom you wish.

What about the absent parent's child support?

What if the absent parent refuses to sign a consent, or can't be found?

As a general rule, the absent parent must sign a consent to adoption. In the vast majority of stepparent adoptions, the absent parent is the birth father, so let's continue with that assumption. While many birth fathers willingly sign a consent, it is not uncommon for some to refuse to consent. Or maybe they can't even be found to request the consent. The good news is that uncooperative or unfindable o fathers are something we adoption attorneys deal with all the time.

There are two categories of birth fathers under California law: presumed and alleged. These are just legal terms and a bit confusing as "alleged" implies the "might be" the father. Actually it refers to a class of birth fathers with weaker rights than those falling in the presumed category. Their legal status is determined by their relationship with the child and mother.

-Presumed Fathers

A father is usually considered a "presumed" father if he was married to the mother, is named on the birth certificate, ever had the child in his home, or has a paternity determination by a court. A presumed father's rights are stronger than the other category of "alleged" fathers.

The most common legal mechanism to terminate the rights of a non-consenting presumed father is to bring a Freedom from Parental Custody and Control  action. The most common action is called "abandonment." Abandonment is usually defined as showing no contact with, or support for, the child, for at least one year, thus showing an intent to abandon". If a presumed father can't be found to give notice, it is required to give notice by publication. To obtain a publication order, a detailed search must be conducted, with special pleadings and evidence of the search to the court. If the absent parent does not show up to object at the initial hearing, the adopting parent usually wins by default. But if the birth parent does show up to object, a trial will be required, looking into if there was abandonment, and what is in the child's best interests.

When the absent parent is the mother, her rights are basically the same as a presumed father, as outlined above.

-Alleged fathers

As a general matter, any birth father not a presumed father is an alleged father. In other words, he was never married to the mother, is not named on the child's birth certificate, has never had the child in his home and held out the child as his own, or does not have a paternity judgment. In a purely technical sense, his written consent is not required, but the court will require proof that proper notice of the adoption was served upon him. If the alleged father can't be found, or declines to consent, after notice to him, or reasonable efforts to give notice, an action can be brought to terminate his rights. Unless he is objecting in court, this action is usually not nearly as involved as what is required when dealing with presumed fathers.

However, if even an alleged father elects to object and fight in court, a trial will be required. The court would examine his past behavior to see if he acted promptly and responsibly in meeting the needs of the child and mother. If he did act responsibly then the court will only terminate his rights if he is found to be unfit. But if he did not act promptly and responsibly in meeting their needs within his ability to do so, then the court can terminate his rights by applying a "best interests of the child" standard.

What is the Indian Child Welfare Act (ICWA)?

This comes up very rarely, but when it does it can potentially be a major legal issue. The ICWA is a federal and state law which says that if the child is a member, or eligible for membership, in a Native American tribe, special procedures and laws apply. The parent and/or child's tribe at issue must be given notice of the planned adoption, and the tribe has the right to object.

Many people have a small amount of Native American blood quantum, but it is often not enough to be eligible for tribal membership, thus normally making the ICWA a non-issue. Regardless, an inquiry must be made if you know of any Indian heritage.) In the rare instances when it does apply, however, it is a significant legal issue and can make a stepparent adoption much more difficult and expensive to complete.

Is there a required court appearance?

Yes, the final adoption hearing is normally an in-person, court appearance although sometimes the attorney can request that it be by video. There are other exceptions, too, such as when the adopting parent is in military service, or it is impossible to be present.

The hearing is private and closed to the public, but you can bring guests. It is very casual proceeding, more like a celebration, so much so that cameras are even permitted in court to commemorate the day. It is so casual that many judges invite the family to come up where he sits on his or her bench for a formal photo.

Can we change the child's name and get a new birth certificate?

When you adopt a stepchild you get a new amended birth certificate, and the original one is sealed (technically no longer exists). The amended birth certificate will list the adopting parent as the birth parent, replacing the absent parent, and you can change the child's name (usually if the adoptive parent is the father the child's last name is changed to match his, but this is for each family to decide). Some families even make a change to the child's first or middle name.

Is there a tax credit for stepparent adoptions?

Although there are federal and state tax credits for adoption, they are for other types of adoption. Unfortunately they do not apply to stepparent adoption.

Is it required to use an attorney to do a stepparent adoption, and how do we select one?

It is not required to have an attorney prepare and file your documents. Anyone can elect to be their own attorney if they want, whether it be for a stepparent adoption or almost any legal action. But be aware that legal matters can be quite confusing and the formation of your family is important to you. It is not an area you want to make a mistake. Clerks and judges are not there to help you. They expect things to be done properly by whomever is preparing and filing documents, whether it be an attorney or a person representing themselves. A particularly confusing area where a lack of mistakes is even more critical is when you need to terminate the rights of an absent parent, such as in "abandonment" pleadings. An incorrect notice or pleading can invalidate the entire action.

In choosing an attorney, there are some very simple things you can do to find a qualified person. First, consider finding an actual adoption attorney, rather than a generic family law attorney. Adoptions are uniquely different from typical family law cases, which are primarily divorce and child custody. Completely different Family Code statutes cover step parent adoptions than divorce-related matters. This is especially important if your adoption will deal with an objecting or unfindable absent parent.

You can also check with the California State Bar (calbar.org) to learn how long the attorney has been practicing law and if there have been any disciplinary proceedings against him or her. Avvo.com is a respected site where clients can rate their attorney, so you can check out an attorney's reviews there, as well as traditional sites like Google and Yelp. You may also wish to consider established sites like Lawyers.com and Martindale.com.  On these sites you can either enter the name of the attorney you wish to learn more about, or type in "adoptions" to see multiple listings. Also enter your county or city to regionalize your search.

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I hope this article has been helpful for you and that you like our detailed approach in educating people about stepparent adoption. You are invited to learn more about our Stepparent Adoption Center law office.