Family Law

San Jose Family Law Attorney explains the California adoption process.

By Scott Sagaria

San Jose Family Law Attorney explains the California adoption process.

If you are considering adopting a child in the State of California, there is a well-defined process that your adoption attorney can guide you through. Generally speaking the adult wishing to adopt must be at least 10 years older than the child he or she wishes to adopt. The child must be unmarried and under 18 years of age in order to be eligible to be adopted; unless, of course, the person is an adult who has consented to be legally adopted by another adult. And only an underage child's biological parent or parents, a licensed adoption agency, and the California Department of Social Services are allowed to legally authorize an adoption.

A California court must approve all adoptions in this state. That means that the parents must file for adoption with the family law court in their county of residence. That court will oversee the adoption process and render a decision on whether the adoption will be finalized.

The adoptive parents are required to file a petition for the adoption and then participate in a hearing. Before the hearing can take place, anyone who must give their consent in order for the adoption to take place?such as the biological parents, the adoption agency, a legal representative of the child, or the child (if he or she is 12 years of age or older)?has to be notified that the process is taking place. This can include a child's biological parents, the adoption agency, the child (if he or she is 12 years of age or older), or the child's legal representative. At the hearing, the court will decide whether to issue an order known as a final decree of adoption that legalizes the adoptive parent-child relationship.

Your family law attorney can guide you through the wonderful and joyous process of adopting a child. Because of the legal issues and potential complications, this is not something that should be attempted without an attorney. The financial risks to you and the emotional risks to the child are too high.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

Full post as published by California Family Law Blog on August 28, 2009 (boomark / email).