Step-Parent Adoption

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. 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 custody and visitation rights and responsibilities including child support.

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 Department of Social Services conducts an investigation to establish that the adoption is in the child's best interests. A report by DSS will be presented in an adoption hearing by the Court and if the social services report recommends the adoption the judge will grant your Petition and issue an adoption decree.

2. Willful failure

The absent parent's consent is not required if that parent has both failed to SUPPORT , AND failed to COMMUNICATE with, the child for at least a year, provided there is an order or agreement giving the custodial parent custody of the child. The step-parent has the burden of proving that these facts exist but no independent investigation of these facts is required--the testimony of the natural parent and step-parent will suffice. At that point, the burden is on the absent parent to show good reasons for the failure to support and communicate. If he or she does not or cannot provide a persuasive explanation, the requirement of consent will be dispensed with by the court, and the adoption will proceed as previously discussed. All this can be accomplished in one legal proceeding, with only one court hearing. Notice must be given to the absent parent.

3. Abandonment

If the facts show either failure to support OR failure to communicate with the child for at least a year, but not both, it is still possible for a court do dispense with the requirement of the absent parent's consent to the adoption because of abandonment, but the procedure is a little more complicated. In this instance, the law requires a Probation Department investigation and report concerning the absent parent's neglect of parental responsibilities. The court considers both the testimony of the parties to the adoption, and the findings of the probation investigation, in deciding whether the absent parent has abandoned the child.

This procedure requires two separate legal petitions, one to terminate parental rights and a second to adopt the child. Two separate court orders are required. Also, notice of the proposed adoption and termination of rights must be given not only to the absent parent, but to certain other relatives of that parent as well. Once the court decides that the absent parent abandoned the child, the matter proceeds as discussed previously.

4. Termination of rights of an alleged father

If the parents of the child were never married and there is no one whom the law presumes to be the natural father, then it may be possible to obtain a court order terminating the "alleged" natural father's rights, without as many legal and procedural requirements as in the case of a formerly-married natural father or a legally presumed natural father. Again, once the parental rights are terminated by court order, the matter proceeds as in an independent adoption.