Adoption in California

Last updated
California law
Great Seal of California.svg
Great Seal of California
Constitution
Codes
Note: There are 29 California codes.
Courts of record
Areas
Civil procedural law
Tort law
Civil rights law
Criminal law
Laws concerning political subdivisions of the state
Environmental law
Labor law
Family law
Consumer protection law and building codes
Education law
Miscellaneous
Historical laws

More adoptions occur in California each year than any other state (followed closely by New York). There is domestic adoption (adopting a non-relative child from within the United States), international adoption (adopting a non-relative child from another country), step parent adoption (adopting a child who is the legal child of one's spouse) and adult adoption (the adoption of an adult from within the United States). [1]

Contents

Domestic adoption within California

The vast majority of adoptions occurring in California is the adoption of domestically born children, most from within California itself. [2] There are two basic types of domestic adoption: independent and agency. An independent adoption is usually arranged by an attorney, with full openness in identities between the birth and adoptive parents. In fact, California law requires that the birth mother personally select the adoptive parents in an independent adoption: she cannot forfeit that decision to another person. Eighty-five percent of all newborn adoptions in California are accomplished via independent adoption. There are two types of agency adoption: private and public/county. Both are licensed to make child placements, but they tend to serve different children. Public/county agencies help find homes for children who are usually under governmental control, typically living in a foster home due to an inability to live in the home of their biological parents. These children tend to be older, and some may have needs requiring extraordinary parenting, but some newborns are also placed via public agencies. Private agencies focus primarily on newborn placements, like independent adoption, but many also serve waiting children. [3]

Differences between independent and agency adoption

In an agency adoption, the agency must be licensed by the State of California. The California State Department of Social Services offers a website with a listing of licensed agencies. [4] Caution must be exercised that the entity is indeed a licensed agency and not a business using a name which implies it is an agency. Agency adoption first requires that the adoptive parent have a home study completed prior to the placement of a child. The agency then takes the relinquishment of the birth mother (and father if available). For six months following the adoptive placement, the agency supervises the placement, and then can write to the court to approve the adoption. In a typical home study, the adoptive parents are fingerprinted (run through the child abuse registry and criminal index), provide letters of reference, provide proof of marriage if married (although singles may adopt), complete a health and social history, and demonstrate a preparedness to provide a loving home. A court can then grant the adoption in a simple court hearing in which both adoptive parents and the child appear. [1]

Since the late 1990s, private agency adoptions involving newborns are mainly open and involve direct contact between birth parents and the adoptive family, as in independent adoption. [5] Public agency adoptions, however, are often closed, with little or no contact between the birth family and the adoptive family. This is usually because the child was already relinquished by the birth parents, or the court terminated their rights.

Independent adoption is slightly different and a bit less bureaucratic. It is not required that the adoptive parents have a pre-placement home study (unless the adoption is interstate). The theory is that the birth mother is directly selecting the adoptive parents, rather than relinquishing that decision to an agency. The birth mother (and sometimes the birth father) personally select the adoptive parents, usually by being shown photo-resumes of waiting adoptive parents, then meeting some families in person to select the chosen family. As with agency adoption, a six-month home study follows. In most counties, the home study is done by the California Department of Social Services. In some counties, however, a county office performs the service. Regardless, the home study fee is the same (see below). [6] [7]

Ban on adoption facilitators

In 2023, the state enacted a new law to prohibit adoption facilitators from operating in the state. [8] [9] The law repealed the state's prior Adoption Facilitator Program, effective January 1, 2024. The state agency responsible for enforcing the new law lists some of the common practices and services of adoption facilitators, including arranging contact between a birth parent and prospective adoptive parents; advertising for the purpose of soliciting parties to an adoption; locating children for an adoption; acting as an intermediary between the parties to an adoption; and charging a fee or other valuable consideration for services rendered. [10] As of January 1, 2024, only licensed adoption agencies may engage in these activities in the state. [10]

California adoption law

Adoptions are governed by the Family Code. In both agency and independent adoptions, the placing birth parent signs relinquishment documents a few days after birth, in the presence of a licensed social worker and two witnesses. This can become permanent up to 30 days later, or she can waive those 30 days and make the consent permanent immediately. The vast majority of adoptions are successful and few birth parents change their mind, in large part due to adoption counseling provided prior to the placement. Birth fathers can elect to sign the same consenting forms as the birth mother. As a practical matter, however, some non-marital birth fathers can't be found, or decline to be involved. California law allows their rights to be terminated if they don't come forward to actively object, or if they can't be found or their identity is unknown. [11] [12] [13]

Costs of independent and agency adoption

The home study fee is set at $4,500 in independent adoption, whether done by the California Department of Social Services, or the county equivalent. Attorney fees can range from $1,000 to $15,000, depending upon the services required and the complexity of the adoption. Counseling fees (provided by a person called an Adoption Services Provider) are usually about $700. Some birth mothers need help with pregnancy-related expenses (medical, food, et cetera), which can range from zero to thousands of dollars. Only pregnancy and adoption-related assistance may be legally provided and all expenses must be disclosed to the court. [12] [13]

Private adoption agencies, like attorneys in an independent adoption, can charge what they feel is appropriate for the services rendered. To perform the home study, provide counseling and take the birth parent's relinquishment, the fee can range from $5,000 to $50,000. Like independent adoption, the birth mother may have expenses for the adoptive parents to provide. Public agencies, finding homes for waiting children, charge either no fee, or not in excess of $500. The government basically underwrites the cost to find homes for children who otherwise would be staying in foster care and benefit from a permanent and loving home. [14]

Step parent adoption

No preplacement home study is required, [15] but a six-month evaluation will be required prior to finalization.[ citation needed ] This is done by a county employee, usually the probation department. The fee is under $1,000. Both the parent who will be retaining their rights and the parent giving up their rights must consent to the new parent assuming parental responsibilities. [15] If a person is looking to adopt a child as a stepparent/domestic partner they have to fill out a series of forms that are accessible through the court clerk or from the California Courts Self-Help Center at www.courtinfo.ca.gov/selfhelp.

International adoption

Californians adopt from many foreign countries. The process is completely different from a domestic adoption. Please refer to Wikipedia's international adoption for complete information. [16]

Adult adoptions

Adult adoptions normally require no home study, nor birth parent consent. It is the mutual election of one person to be the lawful child of another. [17]

Federal adoption tax credit

There is a federal adoption tax credit which can provide income eligible adoptive parents a tax credit of up to $12,970 for tax year 2013 (does not apply to adult or step parent adoptions). [18]


Key agencies

Key public agencies for California adoptions include:

The California Department of Social Services (CDSS) operates a "Consent Program" for adoptees age 18 and over, birth parents, and siblings of adoptees who are 21 years of age or older. In addition, adoptees can register with an adoption reunion registry.

See also

Related Research Articles

<span class="mw-page-title-main">Adoption</span> Parenting a child in place of the original parents

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.

International adoption is a type of adoption in which an individual or couple residing in one country becomes the legal and permanent parent(s) of a child who is a national of another country. In general, prospective adoptive parents must meet the legal adoption requirements of their country of residence and those of the country whose nationality the child holds.

Closed adoption is a process by which an infant is adopted by another family, and the record of the biological parent(s) is kept sealed. Often, the biological father is not recorded—even on the original birth certificate. An adoption of an older child who already knows their biological parent(s) cannot be made closed or secret. This used to be the most traditional and popular type of adoption, peaking in the decades of the post-World War II Baby Scoop Era. It still exists today, but it exists alongside the practice of open adoption. The sealed records effectively prevent the adoptee and the biological parents from finding, or even knowing anything about each other. However, the emergence of non-profit organizations and private companies to assist individuals with their sealed records has been effective in helping people who want to connect with biological relatives to do so.

Disruption is ending an adoption. While technically an adoption is disrupted only when it is abandoned by the adopting parent or parents before it is legally completed, in practice the term is used for all adoptions that are ended. It is usually initiated by the parents via a court petition, much like a divorce, to which it is analogous.

In the United States, adoption is the process of creating a legal parent–child relationship between a child and a parent who was not automatically recognized as the child's parent at birth.

Open adoption is a form of adoption in which the biological and adoptive families have access to varying degrees of each other's personal information and have an option of contact. While open adoption is a relatively new phenomenon in the west, it has been a traditional practice in many Asian societies, especially in South Asia, for many centuries. In Hindu society, for example, it is relatively common for a childless couple to adopt the second or later son of the husband's brother when the childless couple has limited hope of producing their own child.

Interracial adoption refers to the act of placing a child of one racial or ethnic group with adoptive parents of another racial or ethnic group.

The China Center of Adoption Affairs (CCAA) was established on June 24, 1996 by China's Ministry of Civil Affairs. The CCAA is responsible for the welfare of children in the care of Child Welfare Institutes (orphanages), domestic adoption, and international adoption.

Adoption in Connecticut means "the establishment by court order of the legal relationship of parent and child." Adoption is provided for in Title 45a of the Connecticut General Statutes. The provisions of this title, with a few exceptions are to be "liberally construed in the best interests of any child for whom a petition [for adoption] has been filed under said sections." Fundamentally, adoption is a two-step process: (1) an agreement to give and receive the child in adoption and (2) approval of said agreement by the probate court.

In the United States, Child and Family Services Reviews (CFSR) are conducted by the federal Children's Bureau, within the United States Department of Health and Human Services, to help states improve safety, permanency and well-being outcomes for children and families who receive services through the child welfare system. The Bureau conducts the reviews to ensure conformity with federal child welfare requirements, to determine what is actually happening to children and families in child welfare services, and to assist states in helping children and families achieve positive outcomes. The CFSRs monitor States' conformity with the requirements of title IV-B of the Social Security Act. The first round of reviews took place between 2000 and 2004 and the second round took place between 2007 and 2010. In both rounds, all States were required to implement Program Improvement Plans (PIPs) as part of the review process. The third round of CFSRs took place between 2015 and 2018; a complete aggregate report of those findings has yet to be released.

An adoption tax credit is a tax credit offered to adoptive parents to encourage adoption in the United States. Section 36C of the United States Internal Revenue code offers a credit for “qualified adoption expenses” paid or incurred by individual taxpayers.

The Uniform Adoption Act (1994) is a model law proposed by the U.S. Uniform Law Commission. It attempts to "be a comprehensive and uniform state adoption code that:

  1. is consistent with relevant federal constitutional and statutory law
  2. delineates the legal requirements and consequences of different kinds of adoption
  3. promotes the integrity and finality of adoptions while discouraging "trafficking" in minors
  4. respects the choices made by the parties to an adoption about how much confidentiality or openness they prefer in their relations with each other, subject, however, to judicial protection of the adoptee's welfare
  5. promotes the interest of minor children in being raised by individuals who are committed to, and capable of, caring for them."

Effects of adoption on the birth mother include stigma and other psychological effects a woman experiences when she places her child for adoption.

The Gladney Center for Adoption in Fort Worth, Texas, US, provides adoption and advocacy services. Following its 1880s origins, when it focused on locating homes for orphans during a period of mass migration. It evolved into lobbying, international adoptions, counseling, maternity services, education and philanthropy.

The following outline is provided as an overview of and topical guide to adoption:

Until 2017, laws related to LGBTQ+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other. Despite these rulings, same-sex couples and members of the LGBTQ+ community still face discrimination when attempting to foster children.

<span class="mw-page-title-main">Foster care in the United States</span> System of non-parental care in America

Foster care is the term used for a system in which a minor who has been made a ward or a non-minor, typically aged 18-21, who volunteers for placement, is placed in a relative placement, a non-related extended family (NREFM) placement, a community family home, an institution, a group home (residential child care community, residential treatment center, etc. Relative, NREFM, and community caregivers certified by the state are typically referred to as "foster parents," "kin caregivers," "resource parents," or other local terms. The placement of the child is usually arranged through state or county social services. The institution, group home, or caregiver is reimbursed for the expenses related to caring for the child. The state via the family court and child protection agency stand in loco parentis to the minor, making all legal decisions, while the caregiver is responsible for the day-to-day care of the minor. Even while their child is in Care, typically birth parents retain Education and Medical rights and the right to contact with their child unless parental rights are terminated by the Court.

Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), was a decision of the Supreme Court of the United States which held that several sections of the Indian Child Welfare Act (ICWA) do not apply to Native American biological fathers who are not custodians of a Native American child. The court held that the procedures required by the ICWA to end parental rights do not apply when the child has never lived with the father. Additionally, the requirement to make extra efforts to preserve the Native American family also does not apply, nor is the preferred placement of the child in another Native American family required when no other party has formally sought to adopt the child.

<span class="mw-page-title-main">Adoption in the Philippines</span>

Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."

<span class="mw-page-title-main">Maine Children's Home for Little Wanderers</span> Nonprofit agency

Maine Children's Home (MCH) (also known as Maine Children's Home for Little Wanderers) is a nonprofit agency in Waterville, Maine, that provides education, counseling, adoption, day care, and early childhood education services for pregnant teens and teen parents. Founded as an orphanage in 1899 and incorporated as the Maine Children's Home Society in 1901, it began dealing solely with adoptions in 1915. It merged with the Maine branch of The Home for Little Wanderers of Massachusetts in 1962, creating the Maine Children's Home for Little Wanderers. In 1973 it introduced an "alternative" high school program for pregnant teens and teen parents.

References

  1. 1 2 Hicks, Randall (2007). Adoption : the essential guide to adopting quickly and safely (1st ed.). New York: Perigee. ISBN   978-0399533686.
  2. ↑ "Adoption & Stepparent Adoptions". LYDELL & LYDELL. Retrieved 2019-11-04.
  3. ↑ Beauvais-Godwin, Laura; Godwin, Raymond (2005). The Complete Adoption Book: Everything You Need to Know to Adopt a Child (3rd ed.). Avon, MA: Adams Media. pp.  672. ISBN   978-1593373696.
  4. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2011-07-21. Retrieved 2011-03-15.{{cite web}}: CS1 maint: archived copy as title (link)
  5. ↑ "Open Adoption History". Independent Adoption Center. Archived from the original on 26 August 2014. Retrieved 28 August 2014.
  6. ↑ Hicks, Randall B. (1999). Adopting in California : how to adopt within one year (2nd rev. ed.). Sun City, Calif.: WordSlinger Press. ISBN   978-0963163882.
  7. ↑ Adamec, Christine (2005). The complete idiot's guide to adoption (2nd ed.). New York: Alpha Books. pp.  432. ISBN   978-1592572748.
  8. ↑ Loudenback, Jeremy (2023-07-27). "California Bans 'Adoption Facilitators'". The Imprint. Retrieved 2024-05-08.
  9. ↑ "Bill Text - AB-120 Human services". leginfo.legislature.ca.gov. Retrieved 2024-05-08.
  10. 1 2 "Adoption Facilitator". www.cdss.ca.gov. Retrieved 2024-05-08.
  11. ↑ "California Family Code, Section 7660-7670". Legislative Counsel of California. Archived from the original on 12 October 2012. Retrieved 31 December 2012.
  12. 1 2 "California Family Code, Section 8700-8720". Legislative Counsel of California. Archived from the original on 12 October 2012. Retrieved 31 December 2012.
  13. 1 2 "California Family Code, Section 8800-8823". Legislative Counsel of California. Archived from the original on 12 October 2012. Retrieved 31 December 2012.
  14. ↑ "The Internet Adoption School - Information on independent, agency and international adoption". Archived from the original on 2008-09-08. Retrieved 2011-03-15.
  15. 1 2 "California Family Code, Section 9000-9007". Legislative Counsel of California. Archived from the original on 12 October 2012. Retrieved 31 December 2012.
  16. ↑ "California Family Code, Section 8900-8925". Legislative Counsel of California. Archived from the original on 12 October 2012. Retrieved 31 December 2012.
  17. ↑ "California Family Code, Section 9320-9328". Legislative Counsel of California. Archived from the original on 13 October 2012. Retrieved 31 December 2012.
  18. ↑ "Adoption Benefits FAQ". Internal Revenue Service. Archived from the original on 29 September 2014. Retrieved 29 August 2014.

15. Judicial Council of California. (2010). How to adopt a child in California. Retrieved from https://web.archive.org/web/20161129034641/http://www.courts.ca.gov/documents/adopt050.pdf

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.