Adopting a Child in California
Who can adopt in California, whose consent is needed, home studies, and how stepparent adoption works.
Short answer: California has several kinds of adoption: stepparent or domestic partner, confirmation of parentage, independent (no agency involved, and the existing parents' rights do not have to end if everyone agrees), agency (through the Department of Social Services or a licensed agency, after the… Judicial Council of California, How to Adopt a Child in California (ADOPT-050-INFO, rev. Jan. 1, 2026); California Courts Self-Help Guide, Adoptions
| Adoption requirements | California has several kinds of adoption: stepparent or domestic partner, confirmation of parentage, independent (no agency involved, and the existing parents' rights do not have to end if everyone agrees), agency (through the Department of Social Services or a licensed agency, after the birth parents' rights are ended), and intercountry. A child 12 or older must agree to the adoption. In most adoptions a home study or investigation is needed: for independent adoptions it is done by a regional Department of Social Services office or an adoption agency, and for a newborn independent adoption the parents must also use a licensed adoption service provider to advise the birth parent. Forms are filed with the court clerk in the county where you live, and adoption files are confidential. Information sheet: https://www.courts.ca.gov/documents/adopt050info.pdf |
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| Stepparent adoption | A spouse or registered domestic partner of a child's parent may adopt through the stepparent adoption process (a simplified confirmation-of-parentage process exists for married couples who had the child through assisted reproduction or surrogacy). The other parent generally must consent in writing; the court may proceed without written consent if that parent has died, signs a waiver, denies being the biological parent, cannot be found after a diligent search, or has parental rights ended through a separate court proceeding. In most stepparent adoptions, a court investigator or a privately hired licensed clinical social worker completes an investigation before the final hearing. The court filing fee is $20, and a child 12 or older must agree. Fee and investigation: https://www.courts.ca.gov/documents/adopt050info.pdf |
Where to get help in California
More California divorce & family law
- Getting a Marriage License in California
- Guardianship of a Child or Adult in California
- Establishing Paternity in California
- Changing Your Name in California
- Child Custody Laws in California
- How Child Support Is Calculated in California
- Divorce Records in California
- Alimony and Spousal Support in California
- How to File for Divorce in California
- Legal Separation and Annulment in California
- All California divorce & family law rules
FAQ
What are the requirements to adopt a child in California?
California has several kinds of adoption: stepparent or domestic partner, confirmation of parentage, independent (no agency involved, and the existing parents' rights do not have to end if everyone agrees), agency (through the Department of Social Services or a licensed agency, after the birth parents' rights are ended), and intercountry. A child 12 or older must agree to the adoption. In most adoptions a home study or investigation is needed: for independent adoptions it is done by a regional Department of Social Services office or an adoption agency, and for a newborn independent adoption the parents must also use a licensed adoption service provider to advise the birth parent. Forms are filed with the court clerk in the county where you live, and adoption files are confidential.
How does stepparent adoption work in California?
A spouse or registered domestic partner of a child's parent may adopt through the stepparent adoption process (a simplified confirmation-of-parentage process exists for married couples who had the child through assisted reproduction or surrogacy). The other parent generally must consent in writing; the court may proceed without written consent if that parent has died, signs a waiver, denies being the biological parent, cannot be found after a diligent search, or has parental rights ended through a separate court proceeding. In most stepparent adoptions, a court investigator or a privately hired licensed clinical social worker completes an investigation before the final hearing. The court filing fee is $20, and a child 12 or older must agree.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.