Co-authored by Clinton M. Part 1. Make sure your state allows co-parent adoptions. While most states allow co-parent adoptions for opposite sex and same sex couples e. Ensure you meet every other legal requirement.
If your state allows co-parent adoptions, make sure you meet the other requirements necessary to adopt a child. For example, in California, the essential elements of a valid adoption include: A voluntary and informed parental consent to the adoption unless the parent has surrendered or has been judicially deprived of parental control A suitable adoptive parent at least 10 years older than the child being adopted A decision by the court that the adoption is in the best interest of the child.
Contact a lawyer with questions. A lawyer will help you navigate the confusing legal field of co-parent adoptions. Without the help of a qualified family law lawyer, you may accidentally terminate your girlfriend's or boyfriend's parental rights.
A lawyer will help you draft adoption documents, file your paperwork, and go to court. If you cannot afford to hire a lawyer to represent you throughout the entire process, at least consult with one about the intricacies of co-parent adoptions. Most lawyers will offer free initial consultations where you may be able to learn whether your state allows co-parent adoptions and whether your local court has forms available for you to fill out.
If you need help to Find a Good Family Law Attorney, contact your state bar association's lawyer referral service. After answering a few general questions about your legal issue, you will be put in contact with qualified lawyers in your area. Part 2. Contact your local court for independent adoption forms. If you think you can meet all of the requirements necessary to adopt your girlfriend's or boyfriend's child, visit your county courthouse and request an adoption packet.
If your courthouse does not have an adoption packet available, they should be able to point you in the direction of the forms you will need. Make sure you ask for independent adoption forms. Independent adoptions are those that do not involve adoption or state agencies. Each county in each state will have different forms and different procedures. While some states will have special courts to handle adoption matters, most states will handle these matters in their normal civil courts.
Fill out an adoption request. An adoption request or a petition in some states tells the judge about the adoption request and who all the parties are. When you fill out this form, you will need to include the following information: [5] X Research source Your personal information as the adopting parent e. Draft an adoption agreement. This form tells the judge that you and the child agree to the adoption. If the child is over a certain age usually 12 , he or she will be required to sign the form as well.
You will not have to do anything else with this form until your hearing. Obtain an adoption order. An adoption order is a blank form the judge will sign if he or she approves the adoption.
All you need to do is fill in your personal information and information about the court hearing. Keep track of adoption expenses. The court will require you to submit an itemized list of the expenses you incurred while going through the adoption process. Most courts will have a form you fill out to accomplish this.
Common adoption expenses you might incur include: [9] X Research source Hospital services Prenatal care Legal fees Transportation fees Counseling fees Court filing fees. Have every party sign a waiver so parental rights are not terminated. The most important document you will sign and have signed is the waiver, which is an agreement waiving the termination of parental rights.
The waiver must be signed by both adopting parents and both biological parents. This is the document that will allow your girlfriend or boyfriend to retain their parental rights even after you adopt the child. Stepfamilies Inheritance and stepfamilies Adopting stepchildren.
Adopting stepchildren A guide on the process and what is involved If you or your partner have children from a previous relationship living with you then you are a stepfamily. What is the effect of an adoption order? What are the alternative orders? Applying for an adoption order You can now apply as a sole applicant.
Where do I make the application and who needs to be told? What will the court do? Should we tell the other parent? How long does it take? Donate now For support call our confidential helpline on or email us at askus familylives. Your opinion matters, please share your views on our website by filling in our survey.
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Please fill in the security field below to prove you are human. For advice and support on dealing with bullying. Reply Retweet Favourite. An experienced adoption attorney can provide you further guidance with regard to your circumstances in a proposed second parent adoption. Adoption Law Group is a law firm in Southern California dedicated exclusively to adoption.
Our areas of practice include stepparent adoptions , fost-adopt finalizations, agency-assisted adoption finalizations, adult adoptions, guardianships and international readoptions. Contact us today to schedule a consultation. Steps in Seeking a Second Parent Adoption Again, California is among the states that do allow a second parent adoption, and the procedure is similar to that involved in a stepparent, but with some added steps and costs.
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