California Stepparent Adoption Guide 2026 | StepParent Adoption 360

The short answer: in California, you adopt your spouse's or registered domestic partner's child by filing an Adoption Request (form ADOPT-200) with your county's superior court, completing the court investigator's review, and attending a short final hearing. If the other parent won't sign or has disappeared, California has a well-worn path for that too: a petition to free the child from that parent's custody and control, available when he has gone a year without communicating with the child or providing support. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. The father never signed, and the judge approved the adoption anyway.

Who Can File for Stepparent Adoption in California?

California courts describe a stepparent adoption as one where a person adopts the child of their spouse or registered domestic partner. Registered domestic partners use the same process as married couples. For example, if Jane and Maria are registered domestic partners, Jane can file a stepparent adoption to adopt Maria's child.

If you're not married to the child's parent or registered as domestic partners, you can't use the stepparent adoption process. Other routes may exist, and that's a good question to take to a California family law attorney.

Does the Other Parent Have to Agree?

Often, no. In California, as in most of the country, many stepparent adoptions go forward without the other parent's signature.

When the other parent has been absent for a year

California law lets a stepparent ask the court to declare the child free from the other parent's custody and control under Family Code § 7822. California courts' petition forms for this frame it simply: the parent hasn't communicated with the child for more than one year, or hasn't provided for the child's support for more than one year. Once the court grants that petition, the other parent's rights end and your adoption moves forward without him.

Courts handle these petitions routinely. In California the petition to end parental rights is usually heard before, or alongside, the adoption itself, and it comes with its own court investigation. In Solano County, for example, the court investigator's office tells families to set that hearing at least 60 days out.

When the other parent agrees

He signs a stepparent adoption consent form. If he's in California, it must be signed in front of the court investigator, a court clerk or a notary public, and other forms exist for a parent who is out of state or in the military. Your spouse also signs a consent agreeing to your adoption.

When the other parent has died

No consent is needed. The court investigator will ask for a certified copy of the death certificate.

What If We Don't Know Where the Other Parent Is?

That doesn't stop the adoption. California courts use a routine process: you complete a declaration of due diligence describing your search (last known addresses, relatives, social media, public records), ask the court for an order to publish the citation in a newspaper, and publish it as ordered. If the other parent doesn't respond, the case goes forward. Keep a dated log of every search step from day one; it makes the declaration easy to write.

California Forms You'll See

Statewide Judicial Council forms are used for the adoption itself, and many counties add local forms. A typical stepparent adoption packet includes:

Step 1: Gather Your Documents

The court investigator needs certified copies, not photocopies, of:

• The child's birth certificate
• Your marriage certificate, or your Certificate of Domestic Partnership from the California Secretary of State
• Divorce judgments from any prior marriages of you or your spouse
• Any custody order for the child
• The other parent's death certificate, if applicable

Step 2: File Your Adoption Request

File the ADOPT-200 and supporting forms with your county superior court, with the copies the clerk requires. The filing fee is modest. Amador and Solano counties, for example, charge $20 per child being adopted. If you're also asking to end the other parent's rights, that petition is filed as well.

Step 3: Complete the Court Investigation

California stepparent adoptions include an investigation by a court investigator, who writes a report for the judge. Expect paperwork requests, fingerprints through Live Scan, and a visit in your home with you, your spouse and the child. Investigation fees are set county by county and change over time. For example, Amador County lists a $200 adoption investigation fee, plus $750 when you also ask to end the other parent's rights. Solano County says its adoption investigation fee is usually $500, with an extra $200 to $400 investigation for a petition to end parental rights. Check your own county's current fees.

Tip: respond to the investigator quickly. In Solano County, for example, a case is set aside as "inactive" if the investigator doesn't hear from you for a set period. It reactivates once you provide the paperwork, but you lose time.

Step 4: Serve the Other Parent, or Publish

If you're asking the court to end the other parent's rights, he must receive the citation, either personally or by publication if the court approves it after your search. If he doesn't respond, the case goes forward.

Step 5: Attend the Final Hearing

Once the reports are in, the court sets your adoption hearing. The stepparent, your spouse and the child generally attend. You sign the Adoption Agreement in front of the judge, and so does your child if 12 or older. Then the judge signs the Adoption Order. Courts often welcome cameras and family.

Step 6: Get the New Birth Certificate

For a child born in California, the clerk sends the Court Report of Adoption to the state Office of Vital Records, which prepares the new birth certificate and mails it to you. Processing can take several months. For a child born in another state, you'll work with that state's vital records office.

What Does It Cost in California?

Item	What to expect
Document preparation (StepParent Adoption 360)	$349
Court filing fee	Small per-child fee in many counties (e.g., $20 in Amador and Solano)
Court investigation	Set by county; examples above
Investigation for a petition to end parental rights	Only if the other parent hasn't consented; set by county
Newspaper publication	Only if needed; set by the newspaper
Certified copies, Live Scan	Small additional fees

For more, see our stepparent adoption cost guide and the California state guide.

How Long Does It Take?

Your county's investigator workload and court calendar set the pace. Amador County, for example, says it generally sets the adoption hearing about two months out at filing. Cases that also end the other parent's rights take longer, because that petition is decided first. Fast responses to the investigator and complete paperwork are the best ways to keep things moving.

Frequently Asked Questions About California Stepparent Adoption

Can I adopt my stepchild in California if the other parent has been absent for years?

Yes. If the other parent hasn't communicated with the child or provided support for over a year, you can ask the court to free the child from his custody and control under Family Code § 7822 and then finish the adoption without his consent. In our experience, that's how most stepparent adoptions go: the father never signs, and the judge approves the adoption anyway.

Can I adopt my partner's child in California if we're not married?

Not through stepparent adoption unless you're registered domestic partners. Unmarried, unregistered partners need a different route. A California family law attorney can explain the options.

What if I don't know where the other parent lives?

After a documented, diligent search, the court can order the citation published in a newspaper. If he doesn't respond, the case moves forward.

Does my stepchild have to agree?

If your stepchild is 12 or older, they sign the Adoption Agreement in front of the judge along with you.

How much does stepparent adoption cost in California in 2026?

Our document package is $349. Court costs are separate and set by county: typically a small filing fee per child plus a court investigation fee, more if you also petition to end the other parent's rights, and publication if needed.

How long does a California stepparent adoption take?

It depends on your county's investigator and court calendar. Consent and death-certificate cases are usually quickest. Cases that end the other parent's rights add that petition and its own investigation.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Superior Court of California, County of Solano, "Stepparent Adoption Packet" (rev. January 2020); Superior Court of California, County of Amador, "Stepparent Adoption – Step by Step"; Superior Court of California, County of Marin, Petition to Declare Child Free From Parental Custody and Control (Family Code § 7822); Child Welfare Information Gateway, "Stepparent Adoption" factsheet. Fees are examples from those county documents and change over time. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.