Stepparent Adoption

Under California law, stepparents aged 18 or older who are married to the adoptive or consenting parent of a child can pursue a legal adoption of their stepchild. If you are prepared to become the legal adoptive parent of your husband or wife's child, we can help you file for adoption.

At Hendrickson Cooper Hughes, our Orange County adoption attorneys know the California laws and have the experience necessary to pursue a stepparent adoption. As a stepparent, you can petition to adopt the child which, if successful, will sever the biological parent's legal rights and responsibilities over that child.

Stepparent Adoption Laws

Not every stepparent can obtain an adoption of their stepchild. During a free consultation, we can discuss the possibility of a successful adoption. In a stepparent adoption, both of the child's legal or birth parents must consent to the adoption. If the other party does not offer consent, the adoption will not likely presume.

Some existing circumstances, however, can allow the adoption to continue. In cases in which the absent parent has failed to provide child support and communicate with the child for at least one year, the stepparent can pursue adoption. If facts demonstrating abandonment exist for at least a year, the court may dispense the consent requirement. Lastly, if the alleged father's rights have been terminated, adoption by the stepparent may presume.

Can you obtain a stepparent adoption?

Adoptions performed by a registered domestic partner and married couple in California can be performed in the same manner as a stepparent adoption. As you pursue adoption of your stepchild, we encourage you to secure the legal assistance your case requires. We can help you navigate the process in a positive and peaceful manner.

Whatever method we must pursue, our firm can help you obtain an adoption to begin this new and exciting journey with your child. Contact Hendrickson Cooper Hughes today!