California General Laws Annotated Sections 8500 to 8700 and 9200 to 9206 (1998). See also Sections 8700 to 8720 for more information specific to agency adoptions; 8800 to 8823 for independent adoptions; 8900 to 8919 for intercountry adoptions; and 9000 to 9007 for stepparent adoptions.
Who Can Adopt?
Any adult can adopt, as long as they are at least10 years older than the adoptee. A court may waive the 10-year requirement if the adoption is by a stepparent or relative and if it is in the child's best interest.
If a spouse wants to adopt, the other spouse must give his/her consent, unless they are legally separated.
For the first ninety days after a child is freed for adoption and is being placed by an agency, the child may only be placed with a family of the same racial, ethnic, and cultural background. An exception to this rule may be made when the birth parents request it, when the child has an extraordinary physical or emotional need, or when such a policy would otherwise not be in the child's best interest. Religious background will also be considered.
Who Can Be Adopted?
Any child or adult can be adopted. This summary, however, applies to the adoption of unmarried minors.
Consent to Adoption
The following parties must consent to the adoption:
1. the mother;
2. the man who is presumed to be the father by marriage or attempted marriage to the mother at the time of birth or within 300 days prior to birth; or has been legitimated as the father by other specified means;
3. Department of Social Services or county adoption agency, where parental consent
is not necessary; and
4. an adoptee who is over 12 years of age.
No consent is required in the following circumstances:
1. one parent has been awarded custody and the other parent has not communicated with nor paid support and care of the child for 1 year, then the custodial parent alone may consent, as long as the noncustodial parent is given notice of the hearing;
2. when parental rights have been terminated or the parent has voluntarily given up his or her rights to the child;
3. when the parent has deserted the child; or
4. when the parent has given up the child for adoption by relinquishing rights to the Department or a licensed agency.
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What do YOU want? This is your child. Do you want to be forever gone from their life and have this boyfriend become the father, or do you not?
And yes, no new CS will be required once the adoption is final. Arrears due directly to ex do not get erased, unless so agreed.
