Do Your Own California Adoption

Publication Date November 2003

Edition 6

ISBN 9780873379380

Forms 19 forms

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Description

Stepparents and domestic partners can adopt a child in California without a lawyer, and Do Your Own Adoption in California shows you how.

Packed with plain-English information and instructions, it's the only book available that takes adopting parents through the entire process, one step at a time. Find out how to: ·

decide if adoption is right for your family
determine if it's legally possible
choose the correct procedure
prepare and file all necessary papers with the court
terminate the rights of an absent parent
have your adoption petition approved by a judge

The 6th edition includes the latest forms and is updated to reflect legal changes that now allow same-sex couples to use these streamlined procedures. All the forms you need are included as tear-outs and on CD-ROM.

Forms

Checklist for an Uncontested Adoption
Denial of Paternity by Alleged Natural Father
Waiver of Right to Further Notice of Adoption Planning
Adoption Request (ADOPT-200)
Consent to Adoption by Parent in California Giving Custody to Husband or Wife or Domestic Partner of Other Parent
Consent to Adoption by Parent Outside California Giving Custody to Husband or Wife or Domestic Partner of Other Parent
Consent to Adoption by Parent Outside California in Armed Forces Giving Custody to Husband or Wife or Domestic Partner of Other Parent
Adoption Agreement (ADOPT-210)
Adoption Order (ADOPT-215)
Checklist for a Contested Adoption (Willful Failure)
Notice and Acknowledgment of Receipt (982(a)(4))
Proof of Service (982(a)(23))
Missing Parent Search Log
Declaration (MC-030)
Attachment (MC-025)
Checklist for a Contested Adoption (Abandonment)
Checklist to Terminate Alleged Paternal Rights
Waiver of Right to Further Notice of Adoption Planning
Declaration of Domestic Partnership

1. How to Use This Book

2. Issues to Consider Before You Adopt

A. Legal Consequences of Adoption
- 1. Consequences for You
- 2. Consequences for the Child
- 3. Consequences for the Absent Parent
B. Legal Requirements for Adoption
C. Establishing Parental and Custody Rights
- 1. Stepfathers Who Want to Adopt
- 2. Stepmothers Who Want to Adopt
- 3. Domestic Partners Who Want to Adopt
D. Representing Yourself
- 1. Documents to Collect
- 2. Working With Social Services
- 3. Preparing and Filing Court Documents
E. Changing Your Adopted Child's Name

3. Choosing the Correct Adoption Procedure

A. When the Absent Parent Consents
B. When You Can't Obtain the Absent Parent's Consent
- 1. Willful Failure and Abandonment
- 2. Termination of Absent or Missing Father's Rights

4. Adopting When the Absent Parent Consents

A. Informal and Formal Consent
- 1. Obtaining Consent
- 2. Children Born Out of Wedlock
- 3. Children Conceived Through Donor Insemination
B. Preparing and Filing the Adoption Request
- 1. Completing the Form
- 2. Filing the Request
C. Cooperating With Social Services
D. Formal Consent
- 1. Consent From Your Spouse or Domestic Partner
- 2. The Child's Consent
- 3. The Absent Parent's Consent
E. Scheduling the Adoption Hearing
F. Preparing the Adoption Agreement and the Adoption Order
- 1. Instructions for Completing the Adoption Agreement
- 2. Instructions for Completing the Adoption Order
G. The Adoption Hearing
H. After the Hearing
- 1. Filing the Paperwork
- 2. Getting the Birth Certificate Amended
- 3. Time to Relax

5. Adoption in Cases of Willful Failure

A. Making Sure the Absent Parent Is Not an Alleged Father
- 1. Declaration of Paternity
- 2. Child Born After Divorce or Separation
- 3. Parents Attempted to Marry Before Birth
- 4. Parents Attempted to Marry After Birth
B. Preparing and Filing the Adoption Request
C. Cooperating With Social Services
D. Notifying the Absent Parent
- 1. Preparing the Papers You Must Serve
- 2. Serving the Papers
E. Publishing Notice to the Missing Parent
- 1. Try to Find the Absent Parent
- 2. Choose a Newspaper for Publication
- 3. Prepare Documents
- 4. Get Your Order for Publication Signed
- 5. Arrange for Your Hearing Date
- 6. Arrange for Publication
- 7. Verify Publication
F. Declaration Regarding Military Service
G. The Adoption Hearing
- 1. Preparing the Paperwork
- 2. Presenting Evidence

6. Adoption in Cases of Abandonment

A. Preparing the Adoption Request
B. Preparing the Abandonment Petition
C. Filing the Request and the Petition
D. Agency Investigations and Reports
- 1. Probation Department
- 2. Social Services
E. Scheduling the Adoption and Abandonment Hearings
F. Giving Notice to the Absent Parent
- 1. Preparing the Papers You Must Serve
- 2. Notice by Publication
G. Notifying Relatives
- 1. Preparing the Notices
- 2. Serving the Notices
H. The Abandonment and Adoption Hearings
- 1. The Abandonment Hearing
- 2. The Adoption Hearing

7. Adoption in Cases of Termination

A. Determining If the Child Was Born Out of Wedlock
B. Determining If There Is a Presumed Father
C. Preparing and Filing the Adoption Request
D. Cooperating With Social Services
E. Giving Notice to the Alleged Father
- 1. When You Do Not Know the Whereabouts of the Alleged Father
- 2. When You Know the Whereabouts of the Absent Parent
F. The Termination Petition and Order
- 1. When the Judge Doesn't Sign the Order
- 2. The Termination Hearing
G. The Adoption Hearing
- 1. Preparing the Paperwork
- 2. At the Hearing
- 3. After the Hearing

8. Special Information for Domestic Partners

A. Domestic Partner Registration
B. Sperm Donor Issues
- 1. Unknown Donor at a Doctor's Office or Sperm Bank
- 2. Known Donor at a Doctor's Office or Sperm Bank
- 3. Known Donor at Home
C. Surrogate Issues
D. Homophobia
E. Third and Fourth Parents

9. Working With a Lawyer

A. How a Lawyer Can Help You
- 1. Negotiating With the Absent Parent
- 2. Assisting With Preparing Documents
- 3. Filing and Serving Legal Documents
- 4. Answering Questions Along the Way
B. How to Find and Select a Qualified Lawyer
C. Lawyers' Fees
- 1. Hourly Fee
- 2. Fixed Fee
- 3. Costs
D. Getting the Most for Your Money
- 1. Prepare Before You Talk to Your Lawyer
- 2. Consolidate Your Questions
- 3. Try to Answer Questions On Your Own
- 4. Carefully Review Lawyer Bills

Glossary

Appendix 1. How to Use the CD-ROM

Appendix 2. Forms

Index

Sample Content

Chapter 1: How to Use This Book

Introduction

If you are a California stepmother, stepfather or domestic partner wondering what's involved in adopting the child of your spouse or partner, this book is designed for you.

Do Your Own California Adoption does all of the following:

gives you the practical and legal information you need to decide whether to adopt the child
tells you how to determine if adoption is legally possible in your situation
guides you step by step through the adoption process so that you can act as your own lawyer
alerts you to instances when you might need to consult with an attorney, and
for those of you who decide to hire a lawyer, educates you about the process so that you can understand what your lawyer is, or should be, doing.

Tip If all you care about is the name. If you just want to change the child's last name, but do not want to become the child's legal parent, adoption is not necessary. Nolo has another how-to book for you: How to Change Your Name in California, by Lisa Sedano and Emily Doskow.

Although this book can help a lot of people, it can't help everyone. It cannot help you if:

the absent parent or sperm donor won't consent to the adoption
the individual whom you want to adopt is 18 years of age or older
the individual whom you want to adopt is married
you are either not married to or not in a registered California domestic partnership with the person whose child you want to adopt, or
you are in a lesbian couple and you have conceived a child through ovum donation and in vitro fertilization.

Children of Native American Heritage

If you suspect that the child you want to adopt is of Native American heritage, then you may have to give notice of the adoption to the appropriate tribe, under the Indian Child Welfare Act (ICWA). (25 U.S.C. §§ 1901 and following.) This law seeks to foster and maintain the connection between Indian children and their tribal communities. Advice on how to comply with the ICWA is beyond the scope of this book. Although most of the information in this book will still be of assistance to you in your stepparent or domestic partner adoption, consult with an attorney for specific information on complying with the ICWA.

Tip If you are not married or in a domestic partnership, but you want to adopt the child of your nonmarital or domestic partner, you can adopt under "second parent adoption" procedures. These are different from stepparent adoption procedures, and you will need to consult an attorney if this is your situation. (See Chapter 9 for advice on finding an attorney.)

To use this book effectively, first read Chapters 1 and 2 to get an overview of the adoption process -- including the preliminary steps you will have to take, how to work with court clerks and social service agency personnel and how to request or prepare the documents you'll need. Then read Chapter 3 to find out which adoption procedure will work best in your situation. Once you've chosen a procedure, skip ahead to the chapter that explains that procedure:

Chapter 4 covers adoptions in cases where the absent parent consents.
Chapter 5 covers adoptions in cases where the absent parent has willfully failed to support and communicate with the child.
Chapter 6 covers adoptions in cases where the absent parent has abandoned the child.
Chapter 7 covers adoptions in cases where you are terminating the absent parent's rights.
Chapter 8 contains information specifically for domestic partners, and Chapter 9 contains some hints about working with lawyers, if that becomes necessary.

Warning Beware of local rules and practices. Even though California adoption laws apply to all counties in the state, the actual practices and procedures you will have to follow may vary from county to county. Even within a particular county, the way adoptions are done often includes small variations from time to time and from official to official. This means that the instructions we give may not match exactly how things are done in your particular courthouse. The good news is that the variations, if any, will be minor. You should be able to adjust to them without difficulty. Most county workers will help you with local procedures.

Welcome, Domestic Partners!

Although this is the sixth edition of this book, it is the first to include information for domestic partners. In 2002, California officially changed its stepparent adoption procedures to include domestic partners. This new law, called AB 25, is a milestone in the long effort to provide legal protection for relationships between so-called second parents and their kids. Now, the second parent in a same-sex partnership can establish a legal parental relationship with the child, with a minimum of fuss, in any county in California. The procedures are simple and relatively inexpensive, but the security they provide -- allowing the child to receive benefits and inherit from the adopting parent; ensuring the parent will be able to authorize medical care, travel and educational opportunities; and guaranteeing that the child's relationship with the adopting parent cannot be severed in the event of a breakup between the parents -- is beyond measure. To learn more about the effort to add domestic partners to these adoption procedures, see Chapter 8.

Icons Used in This Book

Here is a list of the symbols you'll see throughout this book, and what they mean.

Tip Provides tips or other pieces of insider information that will give you an edge when doing your own adoption.

Warning Alerts you to potential pitfalls so that you can avoid trouble.

Fast Track Lets you know when you can skip a chapter or section and move forward to another part of the book.

Expert Tells you when you need to seek legal advice.

Glossary

To help you understand some of the words we use that are not common words or that have a special meaning in this context, there is a glossary of terms at the back of the book, just before the appendixes.

Forms Provided in this Book

Throughout the book, we discuss different forms that will be required for the adoption process. Often, we include samples in the text of the chapter where the form appears, and we also include a blank copy of the form that you can fill in on the CD-ROM that's at the back of the book.

For forms that you can use without a computer, by simply pulling them out of the book and photocopying them, we have also included Appendix 2. If a form is not included in Appendix 2, it's not one that you can pull out and copy, and you will need to use the CD-ROM instead.