In California, an adoption is defined as the legal process that terminated the birth parents’ parental rights and permanently transfers these parental rights to the adoptive parents such that the adopted child is considered to be a family member. Anyone can become an adoptive parent and adopt a child, even if you are single, do not own your own home, or older in age.
Guardianship of a child is awarded in California when a California probate court appoints an adult, who is not the child’s parent, to care for and tend to a child or a child’s property. The California probate court can only grant probate guardianship if the child is not involved in a Family Court or Juvenile Court action. There are two types of probate guardianships; guardianship of the person and guardianship of the estate.
The Law Offices of Edward Misleh, APC is a law firm that handles California child custody matters and California guardianship issues. Due to the fact that we primarily represent clients with family law matters, we are able to provide our California clients and clients in Northern California with services they need and deserve when addressing California custody or guardianships. Call now our Lawyer Hotline. Call now 321-951-9164.
Adoption
How do I adopt? How do I adopt a child in California? What is involved for an adoption?
Adoption is a process whereby a person assumes the parenting of another. This “other” person is usually a child. The child is adopted from the biological or legal parent but can be an agency adoption. All rights and responsibilities for the adopted child are permanently transferred from the biological parent to the adopting party.
Independent Adoptions
This is a direct transfer from the birth parents to the prospective adoptive parents. The adoptive parents must receive an advisement of rights and responsibilities. They birth parents must sign an Independent Adoption Placement Agreement which, unless revoked, in 30 days automatically becomes an irrevocable consent to adoption.
Agency Adoption
This involves the use of a licensed public or private agency. The agency can be the California Department of Social Services. When this is done, the birth parent’s parental rights are terminated either by a court order or by filing a Relinquishment. The agency studies and approves the adoptive applicants and then places the child in the adoptive parents’ home. The agency then supervises placement for a period of six or more months before court approval. This can be a lengthy process. The time involved depends on the workload of the agency selected and could take anywhere from six months to a year to complete.
Financial Assistance
The California Adoption Assistance Program can provide financial and medical assistance for foster children who are adopted. This assistance may continue until the child is age 18 or, in certain circumstances, age 21. Note that California Paid Family Leave Insurance Program extends disability compensation to allow adoptive parents who take time off work to bond with a new child.
Intercountry Adoptions
The prospective parents adopt a foreign-born child who qualifies for a special immigration entry visa. The process involves completing the adoption process both in the child’s native country and in California. The length of time for this process will vary with each country.
Contacting Your Birth Parents
A public or private adoption agency that handled an adoption can provide non identifying background information on birth parents to the adopted child. The information provided includes general facts about the birth parents and their medical history. This service is available only for adoptions that were finalized in California. If you do not know the name of the licensed adoption agency, you can make a request for this information from California Department Social Services.
Contacting the Adopted Child
The agency that handled the adoption can give birth parents’ general, non identifying background information regarding the adoptive parents, including any information on the status of the case.
Contacting Your Sibling
Through the Mutual Consent Program, adoptees and siblings may obtain information to make contact with a Waiver of Rights to Confidentiality for Siblings. Adoptees or siblings must be 18 years of age or older. Once California Department Social Services receives information from both siblings, they will disclose each one’s name and address to the other.
California Mutual Consent Program
California has a Mutual Consent Program that is administered by either the California Department Social Services or a licensed public or private adoption agency that handled adoptions. Once either agency receives consent forms from the birth parents and the adopted child who is now 18 years of age or older, they can release contact information.
Obtaining a Birth Certificate
You must file a petition where your adoption was finalized to obtain a copy of your original birth certificate. The petition must establish good and compelling cause for the granting of the order which is at the sole discretion of the court as to whether the original birth certificate will be unsealed.
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