Adoptions

What is an agency adoption?

An agency adoption is when parents adopt through a licensed private adoption agency. The adoptive parents and birth parents can meet and get to know each other.

Birth parents who work with an agency to place their child, must give up their rights as parents to the agency. Then, the agency is legally responsible for the care and custody of the child until the child is adopted.

In an agency adoption either the Department of Social Services or a licensed adoption agency asks the Court for permission for the adoption. This process usually takes about 6 months to complete.

What is a licensed adoption agency?

It is an agency that is licensed by the Department of Social Services. The agency is legally responsible for the child until the adoption is final.

The adoptive parents usually take care of the child during the adoption process. But, the agency can take the child away from the adoptive parents at any time before the adoption is finalized.

What if a birth parent does not give up their parental rights?

The agency will ask a lawyer to request that the Court terminates the birth parents' rights.

The Court may order the Orange County Social Services Agency to investigate and make a recommendation to the Court about whether the Court should terminate parental rights and continue with the adoption proceedings.

You can call the Department of Social Services at: (714) 541-7700.

Can the adoptive parents obtain medical information about the child and the birth parents?

Prior to the adoption, the adoptive parents will receive a copy of the child's medical history.

The birth parents may give a blood sample although, it is not required. If they do, a state-licensed laboratory will store it for 30 years after the adoption. The sample cannot be used to identify any party to the adoption. It is only kept so the adoptive parents or the adopted child can do DNA testing later, after the adoption is final.

Do all adoptive parents in an agency adoption have to do a home study?

Yes. The home study includes:

1. A home visit
2. Letters of reference from people who know the prospective adoptive parents
3. A letter from a medical professional to confirm the adoptive parents do not have any life-threatening or life-shortening illnesses
4. Confirmation of employment status and income, and
5. Finger printing to check if the adoptive parents have ever been convicted of a crime other than a minor traffic violation.

How long does it take before an agency adoption is final?

The adoptive parents must wait 180 days after the child is placed in their home before the adoption can be finalized. This is so the licensed adoption agency can do a post-placement monitoring of the child in the new home and get the documentation that the birth parents have given up their parental rights or their rights have been terminated.

How is a licensed agency adoption different than a private (independent) adoption?

A licensed adoption agency documents when the biological parents give up their parental rights. (This is called relinquishment of parental rights.)

Unlike an independent (private) adoption, the agency does not have to wait 30 days once the relinquishment is signed.

In an agency adoption, you must complete the home study before the child is placed in the adoptive parents’ home.

The Clerk will ask you to pay a filing fee. Fees are listed under “Petition for Adoption” on the Family Law Fee schedule section of the court’s website.

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What is an independent adoption?

An independent adoption (also called an Open or Private Adoption) is when the birth parents and the adoptive parents make an agreement that the adoption should go forward. There is no adoption agency involved.

The natural birth parents can meet the proposed adoptive parents. The biological parents give the child to the adoptive parents – usually at the hospital when the child is born. They also decide if they want to have contact with the child after adoption is final.

The law says the adoptive parents must be at least 10 years older than the child being adopted.

If the child is already born, the parents can give the child to the adoptive parents during the adoption proceedings. The adoption proceedings usually take about 6 months to complete.

How do I start an independent adoption?

Once you have a birth parent(s) who wants to let you adopt their child, you must arrange for an Adoption Service Provider (ASP) to meet with the birth parent(s).

Contact the State Department of Social Services to get a list of Adoption Service Providers in your area.

The Adoption Service Provider will meet with the birth parent(s) to review procedures, forms, and options. After the child has been placed with the adoptive family, and 10 days after the first meeting with the Adoption Service Provider, the birth parent(s) and the adoptive parent(s) can sign the Adoption Placement Agreement.

What does the Adoption Placement Agreement mean?

The Adoption Placement Agreement gives the birth parent(s) the right to change their mind any time within 30 days of the signing of the Adoption Placement Agreement. If this happens, the adoptive parents agree to return the child to the natural birth parents.

On the 31st day after the Adoption Placement Agreement is signed, the agreement is final and cannot be revoked.

During the 30-day period the birth parent(s) may, if they want to, sign a waiver to give up their right to reclaim the child. To do this, the birth parent(s) must contact the State Department of Social Services to schedule a meeting with a Social Worker to sign a waiver.

What do I do after the Adoption Placement Agreement is signed?

After the Adoption Placement Agreement is signed, you must file the Petition For Adoption in the Family Law Clerks Office, 7th floor.

The Clerk will ask you to pay a filing fee. Fees are listed under "Petition for Adoption" on the Family Law Fee schedule section of the court's website.

Send an endorsed-filed copy of the Adoption Petition to the Department of Social Services.

They will then send you a letter saying they have received your petition and provide instructions as to what to do next.

What else do I need to do?

The Department of Social Services needs other documents, too:

• A certified copy of the child's birth certificate
• A certified copy of your marriage license (if applicable)
• A certified copy of your divorce decree (if applicable)

The Department of Social Services will tell you about other forms you need to submit when you contact them.

What is involved in the Home Study?

A social worker will come to your home at least twice to do a home study. The home study includes:

• At least 2 visits to your home to meet with you and the child
• Letters of reference from people who know you
• A letter from your doctor to confirm you do not have any life-threatening or life-shortening illnesses
• Confirmation of your marriage (if you are married), employment status and income.
• Finger printing to check if you have ever been convicted of child abuse or other crime.

What happens after the Home Study?

At least six months after you file the Adoption Petition, the Social Worker will issue a Final Report. In most cases, the social worker recommends that the judge grant (approve) the Adoption Petition.

Before the hearing, you must complete the following forms and turn them into the Family Law Clerk’s Office. You must submit your Memorandum for Setting   Hearing to obtain a hearing date. Give the clerk a original and 2 copies.

Click here for forms:

• Adopt-210 Adoption Agreement
• Adopt-215 Adoption Order
• Adopt-230 Adoption Expenses

How do I get ready for the hearing?

Get to Court 20 minutes early and let the clerk know you are there. Bring the child with you.

Your hearing will be private in the courtroom. You and the judge will sign the Adoption Agreement. You will sign the Adoption Expense form and the judge will then sign the Order of Adoption.

What do I do after the hearing?

You will receive certified copies of your order for Adoption at the conclusion of your hearing. Send a copy of each form to the social worker who did your home study and keep the extra copies for your records.

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How do I file for a stepparent adoption?

You may obtain forms from the Self-Help Center, or on our local website. Click Here for adoption forms. You must submit your documents in the Family Law Clerk’s Office, 7th floor of the Lamoreaux Justice Center.

Get consent

Get consent from the biological parent who is giving up custody of the child. You can get the consent forms from the Stepparent Adoption Investigator at: (657) 622-6195.

If the other parent doesn’t want to sign a consent form, file a Petition to end their parental rights.

If that parent is the mother or a Presumed Father, file an Abandonment Petition Freeing the Child From Parental Custody and Control.

If the other parent is an Alleged Father, file a Termination Petition Terminating the Parental Rights of Alleged Father.

Home visit and investigation

Probate Court Services will contact you to schedule a home visit. They will interview the child, so be sure to explain to the child that you are trying to adopt him/her. For more information regarding investigations click HERE.

Before the hearing

When you get your file-stamped copy of the Stepparent Adoption report, file your Memorandum to Set   to get a court hearing.

If the other parent did not give up his/her rights or if the Court has not ended his/her rights, you must file a Petition to Terminate Parental Rights first before you schedule your adoption hearing.

If you can’t locate the other parent and he is a presumed father, you must publish the notice in a newspaper. Click here for further information.

The hearing

The stepparent, the custodial parent and the child must go to the Adoption Hearing. Get to Court 20 minutes early and let the clerk know you are there.

If you didn’t already file these forms, bring the originals and 2 copies of your forms to your hearing:

• Order of Adoption (Adopt-215)
• Adoption Agreement (Adopt-210)

What do I do after the hearing?

You will receive certified copies at the conclusion of your hearing for the order of Adoption.

The Clerk will ask you to pay a filing fee. Fees are listed under “Petition for Adoption” on the Family Law Fee schedule section of the court’s website.

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What is a stepparent adoption?

A stepparent adoption is a legal process in which one legal parent has custody of a minor and the stepmother or stepfather are seeking to become the legal parent of the child.

What is a domestic partnership adoption?

Domestic partners as defined in Family Code Section 297 are two adults who have chosen to share one another's lives in a committed relationship. This relationship is registered with the state of California. A domestic partnership adoptio n is a legal process in which one of the partners has custody of a minor and the other partner seeks to become the legal parent of the child.

How does the process begin?

An adoption request is filed in the Family Law Clerk's Office on the 7th floor of Lamoureaux Justice Center. See the fee schedule for the fee to file the petition and the investigation fee. Filing fees are subject to change. Click HERE for fees & filing information.

What happens next?

Once an adoption request has been filed, Family Court Services will be notified and begin the investigation process. The petitioner will be sent forms to complete and a list of documents the petitioner will need to obtain. Once you have gathered the required documents, you will need to schedule an appointment to have your documents reviewed. If you have obtained all of the necessary documents, your case will then be ready to investigate. When an investigator is available, one will be assigned. The investigator will interview the petitioner, the spouse or partner, and the minor(s). The investigator will check law enforcement records, child abuse registry records and will verify the petitioner's employment. It will also be necessary to obtain references from three non-related individuals. The results of the investigation will be given to the Court in a report. The investigator will either recommend for or against the adoption.

What about the other (absent) parent?

It is necessary to either gain the consent of the absent parent or terminate their parental rights before the adoption can be granted. It is the responsibility of the petitioner to attempt to locate the other parent and obtain their consent. If their whereabouts are unknown or they are unwilling to sign the consent, the petitioner will need to meet the legal requirements to proceed with the adoption.If the other party consents, the filing party(ies) must file with the court the PARENTAL CONSENT TO ADOPT   form.

When will the adoption take place?

If all the legal requirements have been met the petitioner will need to submit a memorandum for a hearing.   The Family Law Clerk's Office will then set a hearing date for adoption. The State of California will send you a birth certificate with the child's adopted name six (6) to ten (10) months after the adoption hearing.

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What is Freedom From Parental Custody and Control?

When a person is seeking to adopt the child of another, both parents must consent to the adoption. If one of the parents whereabouts are unknown or they are unwilling to consent to the adoption, it will be necessary to terminate their parental rights before the adoption can proceed.

How do I start the process?

You will need to file a petition to free the minor from the parental custody of his absent parent. The petition can be filed in the Family Law Clerk's Office on the 7th floor of Lamoureaux Justice Center. See the fee schedule for the fees to file the petition and for the investigation fee. This is subject to change. Click HERE for fees & filing information.

What happens next

Once the petition has been filed, a Family Court Services investigator will be assigned to your case. The investigator will document the efforts to locate the absent parent or will prepare a court report with the parent's statements regarding how they feel about the proposed adoption. If the absent parent is located and is willing to sign the consent, the termination of their parental rights will not be necessary. The investigator will recommend either for or against the termination. A trial is possible if the absent parent contests the adoption. If the judicial officer terminates the absent parent's rights and Family Court Services has recommended in favor of the adoption, you will then be permitted to set the hearing for the adoption.

What if my child has been living with someone else for over one year and now they want to adopt my child?

If you do not want your child to be adopted and you have not had contact with your child for over a year, you must contest the adoption.

You must file a written objection to inform the prospective adoptive parents, their lawyer and the Court that you do not agree with the adoption.

A investigator may contact you to see if you will sign a consent form, or the adoptive parents may try to end your parental rights.

If you agree to the adoption, you can sign a Consent to the Adoption. An investigator must be there when you sign the Consent.

Can I visit my child after the adoption?

If you are related to the proposed adoptive parents, and everyone agrees, you can sign a Post Adoption Contact Agreement that allows you to contact the child, while the child is growing up.

What if my ex-spouse has a child from our marriage and now s/he and the new spouse want to adopt him/her?

They cannot adopt your child without your consent. But, if you have not had contact or supported your child for more than a year, the new spouse can ask the Court to end your parental rights.

Do the parental rights of the biological parents have to be ended in every adoption?

Yes. The only exception is for adult adoptions.

How do I end the parental rights of the mother?

If the mother will not give her written consent to the adoption (or if she does not give up the child for adoption), the adoption cannot move forward unless the Court ends her parental rights.

You must file a Petition to Terminate Parental Rights. The most common reason for a judge to end the mother's parental rights is that she has abandoned the child.

Abandonment is when a mother leaves her child with anyone who is not the father for 6 months or more, or when she leaves the child with the father for 1 year or more, with little or no communication with the child.

A judge may also consider failure to pay child support as an intent to abandon a child.

There are other reasons that a judge will end the mother’s parental rights, including habitual drug use or a felony conviction.

Can I get copies of documents from the court file?

Adoption files are confidential. Only the adopting parent or the adopting parents can get copies of court documents related to the adoption.

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Filing Fee

Click here for filing fees.

If You Cannot Afford to Pay the Court Fees

Requesting That Fees Be Waived

If you are getting public benefits, are a low-income person, or do not have enough income to pay for your household’s basic needs and your court fees, you may ask the court to waive all or part of your court fees. To ask for a fee waiver:

1. Carefully read the Information Sheet on Waiver of Superior Court Fees and Costs (form FW-001-INFO) to determine if you qualify
2. Fill out the Request to Waive Court Fees, if applicable (form FW-001)
3. Fill out the Request to Waive Additional Court Fees (form FW-002)
4. Fill out sections 1, 2, and 3, of Order on Court Fee Waiver (FW-003)
5. Turn in these forms to the clerk along with the other documents you are filing (example: complaint, petition, answer, etc.)

You may be ordered to go to court to answer questions about your ability to pay court fees and costs and to provide proof of eligibility.

Granting or Denial of Fee Waiver Request

You will receive an Order on Court Fees Waiver (form FW-003) telling you if your request was granted (approved) or denied. The Order will explain how to proceed. Act quickly - you only have 10 days from the date the Order is mailed to you to comply with the order or exercise your options if your request was denied.

Paying Back Filing Fees

Even if your fees are waived at first, you may have to pay them back later:

• If your finances improve you must tell the court within five days. Fill out the Notice to Court of Improved Financial Situation or Settlement (form FW-010) and file it with the court. You may be ordered to repay any amounts that were waived.
• If you receive a judgment or support order in a family law matter you may be ordered to pay all or part of your waived fees and costs if the court determines that you can afford to pay. You can ask the court for a hearing if the court makes such a decision.
• If you win your case in most circumstances the other side will be ordered to pay your waived fees and costs to the court. The court will not enter a satisfaction of judgment until the court is paid.
• If you settle your civil case for $10,000.00 or more any waived fees and costs must first be paid to the court out of the settlement. The court will have a lien on the settlement and may refuse to dismiss the case until the lien is satisfied. A request to dismiss the case must reflect that the waived fees and costs have been paid.

The court can collect fees and costs due to the court. If waived fees and costs are ordered paid to the trial court, the court can start collection proceedings.

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Presumed father

A presumed father is a man who was married to the birth mother, or has lived with the birth mother and the child and has told other people that he is the father. There are other factors, too.

A presumed father has the same rights and responsibilities as the birth mother. The adoption cannot proceed without the presumed father's consent.

Alleged Father

An alleged father is a man who is identified by the mother as the possible birth father. An alleged father is not married to the birth mother and has not lived with the child and the birth mother after the child was born.

An alleged father must be notified about the adoption petition. But, if after a diligent search, the alleged father cannot be located, the Court can end his parental rights.

The alleged father can consent to the adoption, waive notice of the proceeding or sign a Denial of Paternity. If the alleged father refuses to do any of these things, the Court can end his parental rights.

Birth parent

The birth parent is the biological mother or biological father of a child.

Termination of parental rights

If your parental rights are ended (terminated), you have no more legal rights over your child and you are no longer responsible (financially or otherwise) for the care of your child.

If a court ends your parental rights, you can appeal the decision. You must file your appeal within 60 days after the Court has entered the order ending your rights.