Adoption in California

A Complete Guide to Adoption in California

Interested in adopting a child in the Golden State? Recent statistics show that there are more than 15,000 kids in the California foster system alone who are awaiting adoption. With so many kids in California who are seeking a forever home, the state is a great place for prospective adoptive parents to build the family of their dreams. 

This guide tells everything you need to know about adoption in California. Whether you’re looking for an agency or attorney near you, curious about California adoption laws, or interested in fostering to adopt, we’ve got you covered. 

California Adoption Laws at a Glance

• Who Can Adopt: Adoptive parents must be at least 10 years older than the adoptee, unless they are the child’s stepparent, sibling, first cousin, aunt, or uncle. A stepparent or domestic partner may adopt their spouse or partner’s child.
• Residency Requirements: California does not maintain residency requirements for adoption.
• Marital Status: Single people, married couples, and unmarried domestic partners may adopt. People of all sexual orientations are eligible to adopt, whether they are single or married.
• Birth Mother Consent: The birth mother must wait until she has been discharged from the hospital to sign forms and consent to an adoption. If the baby is Native American, the birth mother must wait at least 10 days to give her consent.
• Revocation Period: Birth parents have 30 days after the consent form is signed to revoke the adoption. However, agency adoptions may not be revoked at any point after consent is given. 
• Birth Father Rights: A birth father’s rights depend on whether he is listed on the baby’s birth certificate, married to the birth mother, or claims the baby as his. Otherwise, he must sign a Voluntary Declaration of Parentage to exercise his rights and prevent the adoption.

Adoption laws are complex. This is a summary for informational purposes only. Please consult with a qualified California adoption attorney for legal advice.

Paths to Adopting a Child in California

There are three main paths to adoption in California. Each process is unique and involves slightly different laws and regulations.

Private Infant Adoption

In a private infant adoption, parents adopt a newborn by working with an agency or attorney. Hopeful adoptive parents who go through an agency must be approved before beginning the adoption process. In California, they must also complete a six-month probationary period before the adoption is finalized. 

Sometimes, the birth parents and adoptive parents arrange an adoption with the help of an attorney instead of an agency. This is known as an independent adoption. A state-appointed official ensures that the parents are qualified to care for a child by completing a home study.

Adopting from Foster Care

Sometimes, a child in foster care cannot return to their biological family because the State terminates their parents’ rights. When this happens, the child’s foster parents may be able to permanently adopt them. 

There are many benefits to adopting from foster care. It is usually more affordable than private or international adoption. In California, foster parents do not pay adoption fees and may be eligible for monthly financial assistance and free state health insurance through the Adoption Assistance Program. They may also qualify to receive one-time federal and state tax credits. 

The state’s California Kids Connection website offers more information about adoption from foster care.

Stepparent or Relative Adoption

A stepparent or relative adoption occurs when an adult wishes to adopt their spouse’s child or the child of a family member. To do so, the prospective parent must file a petition in their county of residence. 

California does not require a home study for stepparent or relative adoptions. However, the prospective parent and the birth parent must collaborate on a written report about the child’s biological family background and submit the report in court. A social worker, court investigator, or other official then investigates the family to ensure that all information in the report is accurate. 

In stepparent adoptions, the other birth parent must have their parental rights terminated, either by agreement or through the courts.

A Deeper Look at California Adoption Laws

Who is Eligible to Adopt in California?

Sexual orientation and marital status doesn’t matter for adoptive parents in California; as long as they are at least 10 years older than the child they wish to adopt. This age requirement is waived if the adoptive parent is the child’s stepparent, sibling, aunt, uncle, or first cousin. 

Stepparents may adopt their spouse’s children. California also permits individuals in a domestic partnership to adopt their partner’s children, as long as they meet the age requirement. 

People interested in foster care adoption in California must be licensed to run a foster home. This involves pre-service training and a home study.

Birth Parent Consent in California

In California, both biological parents must consent to the adoption, unless one of the parents fails to communicate with the child or respond to notices about the pending adoption. However, a single woman may place her child for adoption if the baby has no presumed father.

A man is considered a child’s presumed father if he was married to the biological mother at the time of birth or listed on the birth certificate. This gives him the legal right to prevent the adoption. If a man who is not the child’s presumed father wants to refuse consent, he must establish paternity. He can do this by completing a form called a Voluntary Declaration of Parentage at the hospital, or in person or online through the California Department of Social Services (DSS). 

Birth mothers may not consent to an adoption until after they are discharged from the hospital, unless a doctor signs an agreement. If the child is Native American, the birth mother must wait 10 days or longer before giving consent. 

Biological parents have 30 days to revoke their consent, unless the adoption is being handled by an agency. Then, consent is final. Birth mothers who are Native American may revoke their consent at any point until the final papers are signed.

The Home Study Process in California

Home studies ensure that a family is capable of providing an adopted child with a safe, stable place to live. According to California law, social workers from either an adoption agency or the DSS may complete the home study. They must investigate every adult living in the prospective adoptive home.

All adults must undergo state and federal background checks, including fingerprinting. They are expected to provide documentation that they are capable of supporting a child financially. They must complete physical exams to ensure that they are in good health. The social worker also interviews each adult in the home to better understand the family members’ personalities, goals, and attitudes. 

Finally, the home study examines the house itself to ensure that it is structurally sound, and that enough space is available for a child to live, sleep, and play.

Find California Adoption Agencies and Professionals

Statewide and National Agencies Serving California

• California Department of Social Services: DSS offers resources and assistance for prospective foster and adoptive parents throughout California.
  • California Association of Adoption Agencies: This nonprofit organization helps prospective adoptive parents seeking all kinds of adoptions, as well as biological families and adoptees.
  • Adopt International: Licensed in California and Hawaii, this nonprofit emphasizes cultural diversity and inclusivity.
• Los Angeles Area Agencies
• San Diego Area Agencies
  • The Family Network: This agency serves all of southern California, including the San Diego area.
  • Christian Adoption Consultants: A faith-based agency that assists families with international, domestic, and embryo adoptions.
  • Walden Family Services: Walden Family Services specializes in foster-to-adopt arrangements for special needs and LGBTQ children and teens.
• California Adoption Attorneys
  • The American Academy of Adoption & Assisted Reproduction Attorneys offers a full list of California attorneys who specialize in adoption and family law.

Adopting from Foster Care in California

According to DSS, there are more than 15,000 foster children eligible for adoption in the state, but only 6,000 were adopted last year. That leaves a lot of California children waiting to find their forever families.

Hopeful adoptive parents must first complete the DSS Resource Family Approval (RFA) Program and become licensed. Licensed resources families automatically receive the State’s approval to both adopt and foster. The RFA program consists of three parts:

• Comprehensive training for all adults in the household
• Psychosocial examination
• Home assessments to ensure a safe, adequately spacious environment

During the home study, a social worker collaborates with the individual or family to determine if they are better suited to fostering children of a particular age or gender. The prospective foster family may also request to care for special needs children.. 

In California, regional or county DSS offices make official decisions regarding adoption placements with approved resource families. However, anyone may view the current list of foster children waiting to be adopted at the California Kids Connection website. This site lets prospective parents filter their searches by age, gender, ethnicity, number of siblings, and special needs. Users can explore kids’ profiles, request further information about a child, and learn more about becoming a resource family before adopting.

Interested in the foster-to-adopt process in California? Check out the California Kids Connection website to learnmore.

Resources for Expectant Parents in California

If you’re an expectant parent who is considering placing your child for adoption, rest assured that your rights are well protected under California law. You remain in control of the process from start to finish, including before and after the paperwork is signed. 

In California, the birth mother may not give her consent to adoption until after she is discharged from the hospital. After you give consent, you have a 30-day period to change your mind if you are pursuing an independent adoption. In agency adoptions, the birth mother has 10 days from the day that relinquishment papers are filed, or from the date that DSS acknowledges the relinquishment.

California adoption laws can be complicated, but there are plenty of resources to help you navigate this emotionally difficult period. Adoption counselors are available to explore your options and help you make the best decision for you and your child. 

If you do decide to place your baby for adoption, the adoptive family may be able to pay some of your medical and personal expenses.  You have to request this reimbursement in writing and provide receipts. By law, reimbursements must be “reasonable” and “necessary” expenses in the following categories:

• Legal fees
• Counseling
• Medical fees
• Living expenses