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What Are the Different Types of Adoption in California?

Adoption can be wonderful for parents or families who want to bring another person into their life. Adoption is not just for couples who cannot have children of their own. There are many different types of adoption, including public adoption, private adoption, independent adoption, international adoption, stepparent adoption, and grandparent adoption. Surrogacy may be another option where a mother carries a child for someone else. Each state has its own state laws for adoption.

Open Adoption or Closed Adoption?

In a closed adoption, the child does not meet or find out about their biological parents. With an open adoption, the adoptive parents and birth parents can remain in contact during the adopted child’s life. There are different degrees of how open an adoption can be, from sharing limited information about the child to regular visits with the birth parent. There are benefits and drawbacks to each type of adoption and a California adoption attorney can give you legal advice about which option may be best for you.

Private Adoption or California Adoption?

States provide adoption through the state child welfare agency or social services. Adoption through the state is generally known as public adoption or foster adoption. A public adoption can be much less expensive than private adoption but adoptive parents may have limited options and have to first get approved under the California foster care program. A private adoption involves working with a private adoption agency. An adoption agency works with the adoptive parents and the birth parent to go through the adoption legal process. Private adoption requires approval by the adoption agency under their own policies. Private adoption can be much more expensive than public adoption, with adoptive parents paying adoption fees, legal fees, travel expenses, and medical expenses.

What Happens in the Adoption Process?

The adoption process can take a long time and the process may be different depending on the type of adoption. Adoption through the foster care system may take as little as a few months. However, parents who are waiting to adopt a young child or newborn may wait years. International adoptions may also take longer than domestic adoptions. Adoption begins with finding the right adoption agency, either public or private. The adoption agency will conduct a home study and initial certification to approve the adoptive parents. When there is a match for the adopted child, the child can be placed with the family during a supervisory or probationary period. After follow-up visits and approval, the parents can complete the legal process for formal adoption.

How Does a Stepparent Get an Adoption?

Adoption by a stepparent or family member can be an option for families that are already related to the child. In a stepparent adoption, someone who gets married to someone who has a child can go through the process of getting parenting rights to the stepchild. In a stepparent adoption, the other parent has to give up their parental rights to the stepparent. For example, if a mother of a child gets married to a new partner, the stepparent takes over the father’s rights and responsibilities.

Can Same-Sex Parents Adopt a Child?

Same-sex couples have the legal right to adopt a child in California. However, LGBTQ+ parents may have fewer options for adoption. Religious adoption agencies are still able to refuse to allow same-sex adoptions. International adoption may also be limited for same-sex couples where the country’s law does not allow adoption by same-sex parents.

How Can I Adopt a Child in Another Country?

Some parents turn to international adoption to bring in a child from a foreign country. Adoption cases for children in other countries can be more complicated. In addition to following the adoption agency policies, adoptive parents have to comply with state adoption laws, the adoption laws of the child’s birth country, and U.S. immigration laws. Even after adoption, many countries require follow-up adoption reports on the child’s welfare.

What Happens if Adoptive Parents Get a Divorce?

When a child is adopted, the adoptive parents have full parenting rights of the child. If the adoptive parents then get a divorce, the divorce is handled just like any other divorce involving a child. The parents and the court will have to determine child custody, visitation, and child support just like any other parents. A family law attorney can give you more information about adoptive parents and divorce.

How Much Does Adoption Cost?

Adoption can be expensive and the costs of adoption depend on the type of adoption. Using a private adoption agency can be more expensive, up to $50,000. Adoption through the foster care system can be closer to $2,000 to $5,000. Adoption costs can include legal fees, home study costs, and agency fees. International adoption may have additional expenses, including international travel expenses. There may be tax credits available for adoption that can help offset the costs.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

Tips on Hiring an Experienced Lawyer with Adoption Cases

The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who’ve been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.