What is the complete process for a stepparent to legally adopt their stepchild in California?
To legally adopt your stepchild in California, you must file a petition with the court, obtain consent from the child's other birth parent, and complete a court-ordered investigation before a judge finalizes the adoption. Here is the process:
Step 1: Obtain Consent from the Other Birth Parent
You must get the signed, written consent of the child's birth parent who is not your spouse. This is typically done using form ADOPT-210 (Consent to Adoption by Parent). If that parent cannot be found or refuses to consent, the process becomes significantly more complex and requires separate legal action to terminate their parental rights.
Step 2: File the Adoption Petition and Agreement
Complete and file an Adoption Request (Form ADOPT-200) with the Superior Court in the county where you live. You must also file an Adoption Agreement (Form ADOPT-215), signed by you and your spouse. These forms are available on the California Courts official website. You will need to pay a court filing fee at this time.
Step 3: Complete the Court-Ordered Investigation
The court will appoint a social worker or probation officer to conduct an investigation. This investigator will perform a background check, visit your home, and interview you, your spouse, and the child. They will then write a confidential report for the judge recommending whether the adoption should be approved. This investigation typically takes 90 to 180 days.
Step 4: Attend the Final Adoption Hearing
Once the investigation report is submitted and all legal requirements are met, the court will set a date for the final adoption hearing. This hearing is usually brief and informal. The judge will review the case, and if everything is in order, will sign the final adoption decree. At that moment, you become the child's legal parent.
Important Details and Nuances
This process legally terminates the parental rights of the consenting birth parent. After the adoption decree is issued, you can apply to the California Department of Public Health for an amended birth certificate listing you as a parent.
Warnings and Limitations
The most common and difficult challenge is obtaining the consent of the other birth parent. If they object or are unwilling to sign the consent form, you cannot proceed with a simple stepparent adoption and will need legal help to seek termination of their parental rights on grounds such as abandonment.
This is general information and does not constitute legal advice. For complex situations, especially those involving a non-consenting parent, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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