FILING FOR ADOPTION
- Stepparent Adoption:
If you are planning to file for this form of adoption, here are a few questions you should answer personally;
- As the adopting stepparent, were you in a partnership or marriage with the child’s biological parent at the time of the child’s birth?
- Are you still partners or married to the child’s biological parent?
If your answers come out in the positive for all questions, then your case is one of confirming parentage. Therefore, you no longer need investigation by anyone and no appearance in court would be necessary.
If there is a negative answer to any of the questions, then you have an adoption case. An investigation and court appearance would be necessary.
Here are some steps you should follow;
- Gather information on the procedure.
- Fill the court papers.
- Review the papers.
- Create a minimum of two copies.
- File them with the clerk at the court.
- Have the talk of adoption with the kid.
- Present the papers about the other biological parent.
- The biological parent must have given his/her consent.
- The investigator should carry out the necessary investigation and interview.
- Get your court appointment.
- Attend the hearing
- International, Independent, or Agency Form of Adoption:
In this form of adoption, any agency or governmental organization involved would take you on the steps and processes involved. The steps are as follows;
- Gather information on the process.
- Fill the court papers.
- If the child is Native-American, filling these papers is also required.
- Review them.
- Make a minimum of two copies.
- File them with the clerk.
- Have the investigator carry out the necessary investigation and interview.
- Get your court appointment.
- Attend the hearing.
In circumstances of stepparent adoption, the parental responsibilities and rights of the other biological parent would be terminated by the court. In some cases, this parent actually gives their consent to the process. In others, whether or not they agree, the rights would be ended by the court either way. Because it is a crucial and serious issue, the court always needs to hear the side of the biological parent and won’t terminate those rights until then. Consider the setting if the roles were switched. You wouldn’t want your rights to end without knowing about it.
A very vital step to take is;
- Get written consent from the other biological parent or,
- Get the other biological parent and prove to the judge that you tried to get their consent about the adoption.
These steps should be taken if only your name appears on the birth certificate of the child or you have no knowledge of the identity of the other biological parent. In a situation where you have no idea where the person is, you need to make efforts to try locating him or her. Meet with your lawyer to advise you on what a judge will require of you to search for the other biological parent. If you meet all the search requirements and still can’t find the parent, a judge can then end the rights. In a case where the other biological parent is dead, you should add such information in the adoption papers and mention it at the hearing. You can provide a copy of the parent’s death certificate to the court as proof. Things can get a bit difficult if the other biological parent does not admit to being the parent of the kid in question. If you are not sure of the child’s parent, then discuss with your lawyer for more advice.
Important Information: If the child was realized through imitated implantation using a nameless contributor and you happened to be the sole person in-charge of signing the necessary documents. If you had no domestic partner or unmarried at the time then no other consent is required. You still need to talk with your lawyer for better assurances. A document from the sperm store or bank would be needed to confirm you were the only one involved in the process.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | [email protected]