Adoption
Adoption is a very emotional experience. Creating a family is a wonderful experience and commitment. Our Attorneys will do the challenging legal work of the Adoption process for you. We will help you create your family.
Adoption can be "single" by one parent or "joint" by two parents. However, a child cannot have more than 2 legal parents. California will now acknowledge 2 parents that are same sex. Usually, if the parents are two (2) women, 1 parent carries the child through a sperm donor. Some even choose to utilize an ovum from their partner. Two male partners will utilize a "surrogate" to carry the child and choose which parent will donate the sperm. In that case, it is imperative that a "Surrogacy Agreement" be drafted carefully wherein the chosen "surrogate" have no parental rights once the child is born. The best way to accomplish this is to utilize donated ovum - not the "surrogate's".
Many couples [whether heterosexual or homosexual] will opt for Adoption when conceiving a child on their own is impossible, improbable and/or dangerous.
Second Parent Adoption is an adoption when one of the parents is the biological parent of the child(ren) and their spouse/domestic partner wishes to become the legal parent of the child(ren). This is different from an "independent" adoption in that the parents are not seeking a child already born that is not biologically nor legally the child(ren) of either parent. This arises usually when the biological/legal parent re-marries and wants the new spouse to adopt the child(ren) or same sex parents want to have a child(ren) together.
Common questions asked are:
Do I file in Court for Adoption?
Yes. A Petition for Adoption is filed in the Probate Division of the Superior Court.
How do I begin an Adoption?
If you already have the child, a Petition for Adoption is filed in the Probate Division of the Superior Court of the County you reside in. Social Services is served with a copy of the Petition - who will then set the hearing date once they've completed their investigation.
Can an Attorney 'sell' us the baby and do the Adoption?
No. "Baby Brokers" are illegal. You can find an agency to adopt a baby and an Attorney can process the Adoption.
Is the process of Second Parent Adoption the same as and Independent Adoption?
No. It is not as involved. Social Services does not usually require financial information and home investigations. Same sex adoptions are now being treated as "Second Parent Adoptions"
I have remarried and my child(ren)'s mother has not bothered to contact nor see our child(ren) in a long time. My new wife would like to adopt them. Is this possible?
Yes. There are statutes that control when parental rights could be terminated. Abandonment is considered at 7 years. However, if there has been no financial Child Support or no communication whatsoever for 12 months, the Court has discretion to terminate the parental rights - leaving the child(ren) available to be adopted by the new wife.
Adoption can also be processed if bio parents have "abandoned" the child or are willing to voluntarily terminate their parental rights.
Adoption can be "single" by one parent or "joint" by two parents. However, a child cannot have more than 2 legal parents. California will now acknowledge 2 parents that are same sex. Usually, if the parents are two (2) women, 1 parent carries the child through a sperm donor. Some even choose to utilize an ovum from their partner. Two male partners will utilize a "surrogate" to carry the child and choose which parent will donate the sperm. In that case, it is imperative that a "Surrogacy Agreement" be drafted carefully wherein the chosen "surrogate" have no parental rights once the child is born. The best way to accomplish this is to utilize donated ovum - not the "surrogate's".
Many couples [whether heterosexual or homosexual] will opt for Adoption when conceiving a child on their own is impossible, improbable and/or dangerous.
Second Parent Adoption is an adoption when one of the parents is the biological parent of the child(ren) and their spouse/domestic partner wishes to become the legal parent of the child(ren). This is different from an "independent" adoption in that the parents are not seeking a child already born that is not biologically nor legally the child(ren) of either parent. This arises usually when the biological/legal parent re-marries and wants the new spouse to adopt the child(ren) or same sex parents want to have a child(ren) together.
Common questions asked are:
Do I file in Court for Adoption?
Yes. A Petition for Adoption is filed in the Probate Division of the Superior Court.
How do I begin an Adoption?
If you already have the child, a Petition for Adoption is filed in the Probate Division of the Superior Court of the County you reside in. Social Services is served with a copy of the Petition - who will then set the hearing date once they've completed their investigation.
Can an Attorney 'sell' us the baby and do the Adoption?
No. "Baby Brokers" are illegal. You can find an agency to adopt a baby and an Attorney can process the Adoption.
Is the process of Second Parent Adoption the same as and Independent Adoption?
No. It is not as involved. Social Services does not usually require financial information and home investigations. Same sex adoptions are now being treated as "Second Parent Adoptions"
I have remarried and my child(ren)'s mother has not bothered to contact nor see our child(ren) in a long time. My new wife would like to adopt them. Is this possible?
Yes. There are statutes that control when parental rights could be terminated. Abandonment is considered at 7 years. However, if there has been no financial Child Support or no communication whatsoever for 12 months, the Court has discretion to terminate the parental rights - leaving the child(ren) available to be adopted by the new wife.
Adoption can also be processed if bio parents have "abandoned" the child or are willing to voluntarily terminate their parental rights.
When you consult with our Family Law Firm, you will be getting:
- Legal advice and counsel based on over 20 years experience
- Access to any necessary outside resources needed such as psychologists, investigators, or analysts
- Free Initial Consultation. Please read the FAQs prior to your Initial Consultation.
- A welcoming, child-friendly office filled with toys
- Attorneys who are well-respected by many Judges in many counties and within the legal community
Please contact our office to set-up your Initial Consultation. Let's see how we can help you. Please read the FAQs prior to your Initial Consultation.