Family Services: California Adoption
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Adoption of Minor Children in California
A minor child may be adopted by an adult person subjected to the rules prescribed in The California Statutes contained in the California Family Code. The person adopting a child must be at least 10 years older than the person adopted, and the consent of the child, if over the age of 11 years is necessary to its adoption.
Any adult person or any two persons married to each other may petition the Superior Court of any county in this state to adopt a child. The petition by a person having a husband or wife shall not be granted unless the husband or wife consents thereto and joins therein.
Written consent to the specific adoption proposed by the petition by the person or persons consenting, is required from:
- Both parents if both are living;
- One parent if the other is dead; or
- The guardian of the person of a child appointed by a court of competent jurisdiction.
*There are procedures that may be employed in the event of an absent (unknown whereabouts etc) parent that would eliminate the requirement of a written consent.
Adoption of Adults, Ages – Agreement of adoption.
Notwithstanding any other provisions of law, any adult person may adopt any other adult person younger than himself, except the spouse of the adopting person, by an agreement of adoption approved by a decree of adoption of the Superior Court in the county in which either the person adopting or the person adopted resides.
The agreement of adoption shall be in writing and shall be executed by the person adopting and the person to be adopted, and shall set forth that the parties agree to assume toward each other the legal relation of parent and child and to have all the rights and be subjected to all of the duties and responsibilities of that relation.
A married person not lawfully separated from his spouse may not adopt an adult person without the consent of the spouse of the adopting person, if such spouse is capable of giving such consent.
- A married person not lawfully separated from his spouse may not be adopted without the consent of the spouse of the person to be adopted, is such spouse is capable of giving such consent.
- Neither the consent of the natural parent or parents of the person to be adopted , nor of any person is required.
- The adopting person and the person to be adopted may file in the Superior Court a petition for approval of the agreement of adoption by the issuance of a decree of adoption.
- At the hearing the court shall examine the parties. If the court is satisfied that the adoption will be for the best interests of the parties and in the public interest, and that there is no reason why the petition should not be granted, the court shall approve the agreement of adoption, and enter a decree of adoption declaring that the person adopted is the child of the person adopting him.
Adoption – $700
- $700.00 Preparation and filing of all documents;
- $20.00 Superior Court filing fee;
- $300.00 County of San Diego Department of Human Services/Adoption Investigative Fee
GETTING STARTED IS EASY
To start the process with us simply choose the appropriate “Buy Now” button below to submit your payment and you will then be directed to the Adoption Questionnaire where you will submit your information (or, if mailing payment, the questionnaire page will be e-mailed to you). Our office will prepare the documents for you to sign, usually within 48 hours of receiving the completed questionnaire, and will e-mail or mail them to you.
Residency Information: The State of California has a residency requirement for filing a California adoption. For California statute see Otherwise, you must be a resident of California for six weeks. We do not encourage, assist or participate in frauds upon the court related to questionable residency.
Click here to view the Adoption Questionnaire
Payment For Service
You may start the process with full payment less filing fees. We accept payment by credit card, check, money order or cash.