Adoption
An adoption is a legal proceeding in which an adult who is not the child’s natural birth parent takes on all the parental rights and responsibilities for that child. The adoptive parents become legally responsible for the child just as the birth parents were before. A new birth certificate is then issued for the child and the original birth certificate is “sealed,” meaning that it can only be accessed by court order.
There are five types of adoptions in California. Stepparent or domestic partner adoptions, intercountry adoptions, independent adoptions, agency adoptions, and adult adoptions.
Stepparent and domestic partner adoption: a stepparent or domestic partner adoption creates a legally binding parent-child relationship between the adopting parent and the child. California courts generally require that the absent parent consent to these adoption, and that the child, if over the age of 12, consent as well. In cases where the absent parent does not consent or cannot be found, an adoption is still possible, but becomes somewhat more complex.
Intercountry adoptions: these adoptions are similar to those completed entirely within the United States, except that additional procedures are required. When adopting from outside the country, federal immigration law applies, as may the law of the country from which the child is being adopted.
Independent adoptions: in these types of adoptions, the birth parents select the adoptive parents based on some kind of personal knowledge of the adoptive parents. These adoptions take place without the assistance of an agency, but an adoption service provider may be involved to facilitate the process.
Agency adoptions: agency adoptions are the stereotypical adoptions that we all see in the movies. In these cases, the birth parents have relinquished custody of their child to a licensed agency. This agency then cares for the child and attempts to place the child with a new family. Families seeking to adopt children from an agency are subject to a rather strict screening procedure to determine their fitness to adopt a child.
Adult adoptions: In California, it is possible for one adult to be adopted by another older adult. Generally, parental consent is not required and there is no requirement of a study or report unless a court orders it.
