Stepparent/Second Parent Adoption

[westanza]

What is the name of your state (only U.S. law)? CA

1. In California, a person must be married to or have a domestic partnership with the parent in order to carry out a stepparent/second parent adoption, correct? If not, please explain.

2. Are there any states where a person doesn't have to be married to or have domestic partnership with the parent in order to carry out a stepparent/second parent adoption? If yes, where and what are the requirements?

Thank you

 

[Isis1]

What is the name of your state (only U.S. law)? CA

1. In California, a person must be married to or have a domestic partnership with the parent in order to carry out a stepparent/second parent adoption, correct? If not, please explain.

2. Are there any states where a person doesn't have to be married to or have domestic partnership with the parent in order to carry out a stepparent/second parent adoption? If yes, where and what are the requirements?

Thank you

i hate to break some news to you, but that sounds alot like homework. or worse, forum shopping. no one here is going to hunt all 50 states for the information you seek.

as far as CA goes, you have to be married. at least that is what i've read. but i'm still looking. i'm still trying to figure out how Angelina Jolie and Brad Pitt got around that.

 

[westanza]

as far as CA goes, you have to be married. at least that is what i've read. but i'm still looking. i'm still trying to figure out how Angelina Jolie and Brad Pitt got around that.

Thank you, Isis. I've done searches for this information but have not found anything.

 

[Proserpina]

i hate to break some news to you, but that sounds alot like homework. or worse, forum shopping. no one here is going to hunt all 50 states for the information you seek.

as far as CA goes, you have to be married. at least that is what i've read. but i'm still looking. i'm still trying to figure out how Angelina Jolie and Brad Pitt got around that.

Theirs wasn't a step-parent adoption...

(in the legal sense)

 

[westanza]

Theirs wasn't a step-parent adoption...

(in the legal sense)

What was it?

 

[Isis1]

Theirs wasn't a step-parent adoption...

(in the legal sense)

yeah, i know. that's why i'm confused how that happened. two single people adoption isn't on the books as far as i've read.

or was it just a name change? that's the only thing i can figure out.

 

[Proserpina]

yeah, i know. that's why i'm confused how that happened. two single people adoption isn't on the books as far as i've read.

or was it just a name change? that's the only thing i can figure out.

I'm sorry - I was being quite pedantic and I probably shouldn't have been

They weren't married, thus no step-parent adoption

But here we go:

How do I adopt a child if I'm not the child's stepparent or the domestic partner of the child's parent?

It depends. There are three types of adoptions when you are not the spouse or domestic partner of the child's parent:

* Agency adoption: when the Department of Social Services or a licensed adoption agency is part of the adoption case.

* Independent adoption: when no adoption agency or the Department of Social Services is part of the adoption case.

* International adoption: when the child to be adopted is born in another country.

Remember, if you are not married to the child's birth parent or you are not the child's parent's domestic partner, you have to do an agency, independent or international adoption. If you are a single person trying to adopt, you also have to do an agency, independent or international adoption.

(from http://www.courtinfo.ca.gov/selfhelp/family/adoption/stepadoptqna-1.htm#3 )

 

[Isis1]

I'm sorry - I was being quite pedantic and I probably shouldn't have been

They weren't married, thus no step-parent adoption

But here we go:




(from California Courts: Self-Help Center: Families & Children: Adoption: Stepparent/Domestic Partner Adoptions: Questions & Answers: How do I adopt a child? )

arrgg!! thank you. that was actually a pet peeve of mine not knowing how that worked!!!

 

[westanza]

Thank you Proserpina!

In Nolo's Guide to California Law by Lisa Guerin and Patricia Gima, it says exactly that.

source: Nolo's Guide to California Law - Google Books
(link takes you to books.google.com)

Now I am looking for more information about the procedure.

 

[westanza]

I don't know if I need to start another thread to ask this question but here goes:

Now that we know that a second parent adoption in CA uses the independent adoption procedure, what is that procedure and requirements?

Thank you in advance.

 

[Proserpina]

I don't know if I need to start another thread to ask this question but here goes:

Now that we know that a second parent adoption in CA uses the independent adoption procedure, what is that procedure and requirements?

Thank you in advance.

You'd be best advised to speak with an adoption attorney - this isn't something you want to do yourself.