Adoption refers to the process through which a legal parent-child relationship is established. Through an adoption you open your home and your heart to a child and make a lifelong commitment to the privileges and responsibilities of parenting. The legal effect of an adoption is that after adoption, the adoptive parents and the adoptive child attain the legal relationship of parent and child and have all the rights and duties of that relationship. With the exception of step-parent adoptions, the effect of an adoption is to sever any parent-child relationship previously existing between the child and his or her biological parent. In essence, adoption relieves the birth parents of the adoptive child of all parental duties and responsibilities for that child. This generally means that from the time of the adoption, the birth parents have no right over the adopted child.

California law provides one set of rules for the adoption of unmarried minors and another set of rules for the adoption of adults and married minors. The different types of adoptions recognized in California are:

In a stepparent adoption, only the relationship of the non-custodial parent is severed and the adoptive parent is substituted in his or her place. The custodial parent retains his or her parental rights over the child. A domestic partner adoption is similar to a stepparent adoption. Upon the adoption of the child, domestic partners attain the legal relationship of parent and child and have all the rights and duties of that relationship.

 

With an agency adoption, a licensed public or private adoption agency places the child for adoption. These type of adoptions follow certain requirements which include, but are not limited to, studies of the adoptive applicant, approval of the adoptive applicant prior to the placement of a child, and supervision of the placement of the child by the agency for six months or more before the adoption is approved by the court. Independent adoptions, like agency adoptions, must also meet certain requirements prior to approval. However, with independent adoptions, the birth parents choose the adoptive parents and place the child directly with them.

 

An intercountry adoption is the legal means through which a prospective parent can adopt a child from a country different than his or her own. Like other forms of adoption, that adoptive child can then come into your home and your life with all the permanent legal rights and responsibilities of a parent child relationship.

 

If you are considering adopting a child and would like more information, contact KIRK & SIMAS or schedule a consultation today.