If you have a child from another relationship, and your new spouse wants to adopt your son or daugthter, we can help you with the Stepparent Adoption. The first step in a Stepparent Adoption case is to terminate the biological or former parent's parental rights. If the Court decides to terminate the parental rights of a prior known parent, then the Adoption would be approved.

The adopting process involves filing the Adoption Request by the stepparent. We then join the birthparent spouse to the case as a party. The papers must be served on the absent parent. The absent parent can either consent to the adoption by the stepparent or disagree with the adoption. If the absent parent consents or does not participate in the case after being served, the adoption process will be quicker and less complex. If the absent parent disagrees with the stepparent adoption, the Court will set it for trial to decide whether the statutory requirements have been met to terminate that parent's rights.

Under California Family Code section 7822, a court may declare a child free from a parent's custody and control if the parent has abandoned the child. Abandonment occurs where "three main elements" are met: "(1) the child must have been left with another; (2) without provision for support or without communication from ... his parent for a period of one year; and (3) all of such acts are subject to the qualification that they must have been done 'with the intent on the part of such parent ... to abandon [the child]." See Adoption of ALLISON C. v. John C., (2008 4th Dist), 164 Cal. App. 4th 1004, 1010; also see Cal. Fam. Code §7822(a)(3). Failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent ... ha[s] made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent ... ." Supra Id; also see Cal. Fam. Code §7822(a)(3).

The one year statutory period is enacted to preserve "child's interest in obtaining the stability and security of an adoptive home." In re Daniel M., (1993, 3rd Dist) 16 Cal. App. 4th 878, 884.

Usually, the Department of Health and Human Services will perform an investigation and recommend whether it is in the child's best interests for the Court to terminate the absent birth parent's parental rights and recommend the adoption or not. The Court will also appoint minor's counsel for the child who will meet with him or her and recommend to the court whether the child should be adopted by the stepparent, or better off having a continued relationship with the original parent.

The absent birth parent has 60 days to appeal the Court's decision after trial, if the court terminates his or her rights. For this reason, the Court must wait sixty (60) days to finalize the adoption after terminating the parental rights. Once the appeal period has passed the Court will hold an adoption hearing to finalize the process. If the child is 12 or older, he or she must sign consent at the hearing to be adopted by the stepparent. Some parents choose to change the child last name to the stepparents' name, especially when they have other siblings from the same marriage. The California Department of Public Health-Vital Records will send the new birth certificate showing the child's new name and the adopting parent's name, but it will take many months usually not less than five (5) months after the adoption hearing.

Stepparent Adoption is not simple to do on your own, you need an attorney. Please call one of our Certified Family Law Specialists to handle your Stepparent Adoption at 619-696-1100. We'll be happy to answer your questions.