Step-parent adoption in California?

Question

A family member is considering marriage where a child from a previous relationship is involved. They live in California and would like to have an adoption plan in place before the marriage. We have received conflictng information about the process. We just need to know if it is true that the biological dad must give up parental rights first or if the couple must be married a year and then attempt adoption. The little advice that has been given suggest that since bio dad hasn't come to see his son and has not sent child support (or even bothered to show at the hearings) that there's a good case for abandonment. Any new info would be helpful especially from those who have been there! Thanks.

Answer 1

They really should consult with a family law attorney as part of their preparations.

Answer 2

Every state is different. You need to talk to an attorney in your state and find out what the statute is there. Altho I am sure they need to be married first. I am not sure if there is a set length of time they need to be married. That will be something to ask an attorney.

I am in the process of adopting my stepdaughter. We met several statutes in our state for termination of parental rights as well as my adopting her.

You can google California Termination of Parental rights. That should give you tons of info. Also some parents just sign over rights. Especially when they learn they wont have to pay child support anymore(assuming they pay at all)

And my (step) daughter is actually looking forward to it. Wanted to know if she was going to have my last name as hers, since I didnt change my name when I married.

GOODLUCK

Answer 3

Best advise i can give you is check with a family law attorney here in california. They can give you the best info.

I do believe they have to be married, as well as the bio father has to be attempted to be found and contacted, after so long if they get no responce then it's abandonment.

The best they can do it get all the ducks in a line, make sure everything is ready to go so when they are able to do this it's already to go

Answer 4

This is a great question for a LAWYER. Way to complex for any general answer you could get here.