STEP-PARENT
ADOPTIONS
Step parent adoption is much simpler than a non-relative adoption.
The procedure is generally the same as for any adoption, but specific steps
are sometimes waived or streamlined. For instance, waiting periods and home
studies are sometimes dispensed with in a stepparent adoption.
In all step parent adoptions, the other biological parent will need
to consent to the adoption because he or she is the other legally
recognized parent of the child. If the other biological parent refuses
to consent, the adoption will not be allowed unless his or her parental
rights are terminated. Common justification for terminating parental
rights are abandonment or unfitness.
You will need to gather the following documents and bring to our
office to prepare for the adoptions proceedings:
Certified copy of the long form Birth Certificate of the child or children, including
affidavits amending certificates (legal name changes). Birth certificates issued
by a hospital or abstracts are not acceptable. Long forms may be requested by
letter or in person a the office of the County Recorder, 630 North Broadway,
P.O. Box 238, Santa Ana, California 92702-0238; (714) 834-2500.
- Certified copy of Birth Certificate of Petitioner and present spouse, including affidavits of legal name changes, if any.
- Certified copy of prior adoption order for the child and/or petitioner and natural parent, if applicable.
- Certified copy of Sole Custody Order or Abandonment Order for child, if such action has been taken.
- Certified marriage certificate of petitioner and present spouse.
- Certified divorce or annulment documents for all prior marriages for both petitioner and spouse. If divorces were obtained in a state granting both an Interlocutory and Final Decree, certified copies of both documents are required.
- Certified copies of all orders in regard to custody or amount of support for the child, full or half siblings, and for petitioner's children by prior marriage and all subsequent changes of those orders. A certified copy of the Petition fro Dissolution is needed if the petitioner states there were no children of a prior marriage.
- Certified copies of the Death Certificates of the natural parent and for prior spouses, if applicable.
- Certified copy of Judgment of Paternity regarding the minor(s), if any.
- If the natural parent (Petitioner's spouse) has been married more than once, certified copies of marriages of all prior marriages.
- Original document of petitioner's separation papers from military services will be acceptable; if multiple reenlistments, all separation paper (DD 214 Form, if available) or discharges.
Call or email the Law Offices of Mary Beth Holloway to make an
appointment to discuss all further questions.