Los Angeles Family Law Attorneys & Lawyers

Adoption

PRIVATE ADOPTION   | Step-parent Adoption

Adoption is a loving alternative to natural childbirth. There are many couples who find themselves unable to naturally have children, or simply elect not to try natural childbirth and prefer to adopt. There are three main ways to adopt, 1) go through the county adoption services, 2) go through an adoption agency, or 3) use an attorney for a private adoption. It is a personal decision which way you will use; there are positives and negatives of all three ways. For the first two ways, it is typically a lot cheaper but it takes a lot longer for the adoption to go through.

Usually, the county will want you to first become the child's foster parent before you are eligible to adopt the child. It can take as long as one to two years before the adoption is finalized. Parents who use these two ways to adopt also usually complain of the county social workers becoming so involved in their lives that at times it becomes uncomfortable.

Private adoption typically is a lot easier on the adopting parents and social workers are not in 'control' as with the other ways of adoption. In a private adoption, the attorney finds the unborn child for the adopting parents and sometimes, if the birthmother is in agreement, the adopting parents can be present at the birth of the child and take the child home directly from the hospital. However, private adoptions are expensive and therefore, parents who wish to use an attorney for a private adoption can expect to spend as much as $5,000 to $10,000 and more for all the expenses involved in the adoption. If you are interested in a private adoption, please give us a call for a free consultation.

STEPPARENT ADOPTION INFORMATION

The Law Offices of Diamond, Burt & Akhkashian, LLP, have assisted many couples in stepparent child. Below is information to assist you in understanding the stepparent adoption procedure.

Legal Requirements to Adopt Your Stepchild

1. Your spouse must be the legal parent of your stepchild and have the legal right to exclusive or joint custody of the child.
2. If you are the stepfather who wants to adopt:

Legal Parentage - Your wife can usually establish herself as the legal parent with a recorded birth certificate naming her the mother, unless her parental rights have been terminated through court proceedings.

1. Legal Custody - A mother living with her child can establish her legal custody if:
1. She is divorced from the legal father and has a court order giving her sole or joint custody; or
2. She is divorced from the legal father, who has a court order granting him legal custody but has voluntarily agreed to her having actual custody; or
3. She became the sole custodian when the legal father died; or
4. She became the sole custodian when the legal father lost his legal   parentage through legal proceedings; or
5. The child was born out-of-wedlock, and there is no court order affecting custody of the child
1. You, the adopting parent, must be at least 18 years old.
2. You must be legally married to your spouse.
3. You must have the consent of:

                Your spouse; and
The absent parent, unless he is deceased or the court rules that his consent is not necessary; and

1. Your stepchild, if he/she is 12 years old or older.
1. Investigation and Approval of the Department of Children and Family Services.
2. Approval of the Superior Court

Legal Consequences of Adopting Your Stepchild

An adoption creates a legal parent-child relationship and gives you, the adopting parent, and the child legal rights and responsibilities.

The adopting parent becomes responsible for the care, education, and support of child.

1. Should you and the mother ever divorce, you will be liable to pay child support.
2. The child becomes your legal heir and has the same right to inherit from your estate at your death as any other heir you may have in the same class.

Under some circumstances, you may be liable for legal damages caused by the child. In a case involving personal injury caused by the child, you may be sued as well as the child.

You have the legal right to control and appropriately discipline the child. The natural father's parental rights are terminated.

1. The child's last name may be legally changed to your last name, the birth certificate may be changed to reflect you as the legal father.

Documents You Need to Give to Your Lawyer

1. A certified copy of the child's birth certificate
2. Your current marriage certificate
3. Any prior marriage certificates
4. Any divorce decrees (judgments)
5. Any court orders regarding custody of the child
6. Death certificate of parent (if applicable)
7. All parties Social Security Numbers, include child
8. Information regarding any past arrests
9. Information regarding any history of drug or alcohol abuse/use

Read more about Family Law by clicking the links below:

• Family Law
• Divorce
• Child Custody
• Child Support
• Spousal Support
• Paternity
• Grandparents Rights
• Adoption
• Prenuptial Agreements
• Juvenile Dependency