Glendale Adoption Lawyer
Glendale offers a myriad of family-friendly activities for both afternoon and overnight adventures. You can catch a show at the Glendale Center Theater, explore the Museum of Neon Art, or get close to nature at Brand Park. When looking to officially adopt a child into your family, a Glendale adoption attorney can help you navigate the process so you can focus on welcoming your new child.
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Choose the Khalaf Law Group for Your Adoption Case
Bringing a child into your home through adoption should be a joyous occasion. Unfortunately, the legal process involved can be confusing. At the Khalaf Law Group, we understand the intricacies of adoption laws and can guide you through the process. Our law firm has over two decades of experience in Southern California’s family law courts. We value empowering our clients throughout their adoptions.
Rates of Adoption
The National Council for Adoption tracks adoptions through the foster care system. In 2024, California had 6,090 children adopted from foster care. At the time of the adoption, those children were the following ages:
- 2% were younger than one.
- 58% were between one and five.
- 25% were between six and ten.
- 14% were between 11 and 16.
- 1% were 17 or older.
Often, when people think of adoption, they think of one specific type: where adoptive parents select a child through an adoption agency. However, there are many forms of adoption available in the United States, each with its own rules and procedures. Understanding them is essential for any adoptive parent.
Stepparent Adoption
A stepparent adoption is the process a stepparent can take to adopt the child of their spouse or domestic partner. This type of adoption tends to be more streamlined than agency or independent adoptions because the child is already living in a stable family unit.
The judge must review a written investigation report before deciding whether to approve the stepparent or domestic partner adoption case. Typically, in these cases, a home study is not necessary. Those are more common during other types of adoptions, where a professional visits the child’s home and evaluates whether it is suitable for them.
If the child was born into a domestic partnership or other scenarios where one parent was not legally recognized as the child’s parent, a court investigation and hearing are generally not required for an adoption unless specifically ordered by the court. These adoptions are typically approved if the parents were together at the time of the child’s birth.
You must inform the other parent and gain their permission. Once the adoption is approved, the other parent’s parental rights are terminated, and the adoption is permanent. If the other parent agrees, they can complete the Consent to Adoption form.
You do not need consent if:
- The other parent is deceased.
- The other parent signs a waiver stating that they do not want to be involved in the adoption process.
- The other parent signs a form stating that they are not the biological parent.
- You provide proof that you unsuccessfully tried to find the other parent.
- You can prove that you unsuccessfully tried to determine who the other parent is.
Foster Care Adoption
When a child is placed into foster care, the court’s initial goal is to eventually reunite them with their biological family. If there is a strong chance that the child can safely return to their biological parents, those parents may be ordered to attend counseling, rehabilitation programs, and parenting classes for up to 24 months.
However, if reunification is not possible, the court may pursue permanent alternatives for the child, which can include adoption. Once this path is chosen, the court can permanently terminate the birth parents’ rights.
Foster parents are typically categorized as “resource families” in California. Once the foster parents have shown that they can provide a safe, stable, and productive environment for the child, they can take that child into their home and eventually start the adoption process. Because they have already proven that they are eligible to foster children, they can adopt their foster child in a streamlined manner, as compared to other forms of adoption.
Independent Adoption
The process of independent adoption involves the birth parents directly placing their child with the adopter. There is no agency involvement with an independent adoption, and it is instead handled directly through the court, making it imperative to work alongside an attorney who knows how this process works and what it entails. There are four main types of independent adoptions:
- The adopter is not related to the birth parents.
- The adopter is a relative of one of the birth parents.
- The adopter was named in a will.
- The adopter is already the legal guardian of the child.
This type of adoption requires both biological parents’ consent to the adoption. If one of the biological parents does not agree, the adoption cannot legally occur.
In this type of adoption, if the birth parents ask the adoptive parents to pay for their attorney, legal fees, medical bills, or pregnancy-related costs, they must make the request in writing. If the adoptive parent pays for these expenses, the birth parents must provide itemized receipts. The adoptive parents must then provide those receipts to the court as part of their financial report to make sure the adoption was legal and properly documented.
To protect all parties, the adoptive parents and the birth parents should have independent legal counsel throughout the process. This type of adoption is tightly controlled, as there are no governing agencies to protect the parties involved.
Agency Adoption
An agency adoption involves adopting a child through an adoption agency. These adoptions typically involve four steps:
- Complete court forms. These should be completed by the adoption agency. You need the Adoption Request form, the Adoption Agreement form, the Adoption Order form, and the Adoption Expenses form.
- File the court forms. The completed forms must be filed with the court either by you, the adoption agency, or your adoption attorney.
- Social worker report. A social worker completes a home study, interviews the adoptive parents, and provides forms to be completed. The social worker writes up a report and files it with the court. When you receive a copy of the report, you also get a date for the final hearing.
- Court hearing. On the date of your hearing, a judge rules on the status of the adoption.
International Adoption
When adopting a child internationally, six steps must be completed within 60 days of the child’s entry into the country. These are:
- Complete court forms. You need the Adoption Request form, the Adoption Agreement form, the Adoption Order form, and the Adoption Expenses form.
- File post-adoption visit forms. At least one post-adoption visit is performed by the international adoption agency, and that report must be filed with the court.
- File necessary documentation. These documents include an official copy of the adoption finalization, the child’s foreign birth certificate, and a copy of a completed home study.
- Take the forms to court. All the necessary forms must be filed in court by you, your adoption agency, or your adoption attorney.
- Provide copies. Issue copies of any required international forms.
- Court hearing. On the date of your hearing, a judge finalizes the adoption.
Adult Adoptions in California
While rare, adult adoptions are another form of adoption available in California. These occur when an adult legally adopts another, younger adult. This often happens in situations where:
- A stepparent wants to officially adopt their adult stepchild.
- A person without parents forms a parental bond with a non-biological adult.
- People who have a familial bond want to have legal authority for inheritance or other estate purposes.
This type of adoption does not require the consent of the birth parent. It is often easier and quicker than adopting a minor child. The adoption agreement for an adult adoption in California typically outlines that the adoptive parent assumes all legal responsibility for the adopted individual. It is then signed by both parties and submitted to the court for final approval.
Open Adoptions in California
Depending on the type of adoption you choose to pursue, you could choose an open adoption. This type of adoption allows the birth parents to have continued contact with the child after the adoption is finalized. This is often done in situations where the adoptive parents:
- Are friends or family of the birth parent.
- Want their child to connect with their birth parents early in life.
- Have certain personal or religious reasons for wanting an open adoption.
To choose this form of adoption, everyone involved has to voluntarily sign a written contract and submit the form to the court before the adoption is finalized. Once approved, the contract is treated as a court order and should be followed as the child ages.
This choice is not for everyone and requires careful consideration before pursuing. Your attorney can explain the pros and cons of this choice.
Interstate Adoption Laws
The Interstate Compact on the Placement of Children, or ICPC, is a legally binding agreement between all 50 states that governs the placement of children across state lines for adoption. This rule makes sure the child is not moved to another state for adoption unless both states agree to the placement. This means that a child cannot be moved unless multiple courts agree to it, which keeps the child safe during their adoption process and their best interests in mind.
The Indian Child Welfare Act
The Indian Child Welfare Act, or ICWA, is a federal law that prioritizes tribal authority regarding the adoption process for Native American children, protecting them from being wrongfully removed from their birth families.
The child’s tribe has the legal right to oversee and intervene in their adoption, and the state must prove that efforts were taken to prevent the birth family from being separated. This means that the tribe has authority over standard state adoption procedures and can overturn the adoption, force the court to restart the entire process, and reinstate parental rights to the birth parents if their rights were unlawfully terminated by the court.
FAQs for Glendale Adoption Attorneys
Q: What Are the Rules for Adoption in California?
A: In California, several rules determine who can adopt a child. The adult has to be at least 10 years older than the child. You must submit fingerprints and your criminal record. You have to complete a home study. The adoption agency must complete an interview, obtain medical records, and receive letters of reference. The adoption agency also evaluates employment history, financial stability, marital status, and housing.
Q: How Much Does It Cost to Adopt a Child in California?
A: The cost to adopt a child in California varies based on several factors. Adopting from foster care results in lower costs than private adoption or independent adoption, and international adoption has the highest associated costs. Hiring a Glendale adoption attorney also adds additional costs, but their work can make the process run smoothly, decreasing the chances of delays and unforeseen expenses.
Q: What Are the Seven Core Issues of Adoption?
A: The seven core issues of adoption refer to the seven emotions that adoptees, biological parents, and adoptive parents are likely to experience during the adoption process. These emotions may not be present for every person involved in an adoption, but they are common, and they can affect how smoothly the adoption process works. The seven core issues are:
- Loss
- Rejection
- Guilt or shame
- Grief
- Identity
- Intimacy
- Mastery or control
Q: Can I Adopt My Stepchild Without the Other Parent’s Consent in California?
A: You could adopt your stepchild without the other parent’s consent in California under specific circumstances. First, file to have the other parent’s parental rights terminated. You must prove that the other parent:
- Abandoned the child
- Neglected or treated the child cruelly
- Suffers from substance abuse or mental illness
- Has been convicted of a felony
If your Glendale adoption lawyer advances a stronger case than the other parent’s attorney can, a judge may grant a parental rights termination order.
Hire an Adoption Attorney
The adoption process can be long and often takes an emotional toll on parents. The outcome of your adoption case can impact you and your child for the rest of your lives. Entrusting your case to a seasoned and skilled professional is key. When you hire an adoption attorney from the Khalaf Law Group, you can get a team dedicated to your family’s future. Contact us today for a confidential consultation.