In an adoption, parental rights are transferred from the natural or birth parents to the adoptive parents. Adoption is a legal arrangement; the adoptive parents become legally responsible for the child they adopt and they obtain all legal parental rights with regard to the child. This legal proceeding is so complete that a new birth certificate is issued for the child. It shows the adoptive parents’ names as the child’s mother and father at the time of birth. The original birth certificate is retained but sealed, so it can be accessed only by court order
With an adoption parental rights are transferred from the birth parents to the adoptive parents. Adoption is considered a legal arrangement where the adoptive parents become legally responsible for the child and the adoptive parents obtain all legal rights of the child. Adoption is not as simplistic as movies and television shows make one envision however. There are also numerous types of adoptions available which are not depicted in Hollywood films. Some types of adoptions include:
- Agency Adoptions:
- Adoptions involving a public or private agency.
- Independent Adoptions:
- Adoptions between the child’s birth parents and the adoptive parents.
- International Adoptions:
- Adoptions involving a child from out of the country.
- Single Parent Adoptions:
- Adoptions involving only one potential parent.
- Stepparent Adoption:
- When a biological parent’s new spouse would like to share legal parental custody of the child.
- Domestic Partnership Adoptions:
- In California, same-sex couples may follow the same procedures as stepparent adoptions to gain legal custody for the biological parent’s domestic partner.
- Relative Adoptions:
- The procedure for a relative to take formal custody of the child.
- Contested Adoptions:
- When a biological parent, family member, foster parent or other person close to the child opposes an adoption. Your success in these cases can be greatly benefited by the help of a Sacramento family attorney.
- Foster Parent Rights:
- Rights afforded to people watching over a child without legal custody.
- Termination of Parental Rights:
- The legal severing of rights of a parent from a child. This can be voluntary or involuntarily, as ordered by a court.
When one thinks of adopting a child, he or she usually does not think about all the work behind the scenes that must take place and most don’t understand all the legalities to an adoption.
Some of the requirements for an adoption in California include:
- Person being adopted must be under the age of 18
- If an adult is being adopted, both adults must agree to the adoption
- Adoptive parents must be at least 10 years older than the adopted child
- Adoptive parents must file a petition for adoption and participate in a court hearing
- A final decree of adoption must be completed by the court
Becoming an adoptive parent or parents is much more involved than one may think. It is always recommended to have an attorney assist you with the adoption process. If you are thinking of becoming an adoptive parents or parents, please contact The Law Offices of Bowman and Associates today!
We are a law firm concentrating in family law cases and we have to offices in California to assist you. Call today to schedule a free one hour consultation with a Family Law attorney at either our Folsom or Sacramento office location!