How do I adopt my stepson or stepdaughter in California?

You adopt your stepchild in California by preparing a stepparent adoption petition and filing it with the Superior Court in your county, then attending the court process until a judge approves it. The typical timeline is about 3 months.

Who can adopt. You must be currently married to the child's biological parent, and California sets no minimum length of marriage (Cal. Fam. Code § 9000.5). Same-sex spouses and domestic partners qualify under § 9000(b). You must be an actual resident of California, but no specific length of residency is required (Cal. Fam. Code § 9000(a)). For a minor child, the adoptive parent generally must be at least 10 years older than the child. The court may approve a stepparent adoption without regard to ages if it is in the best interest of the parties and the public interest (Cal. Fam. Code § 8601).

Consent. Consent is the part of the process that most depends on your family's facts.

• The child: a child who is 12 or older must consent (Cal. Fam. Code § 8602).
• Your spouse: as the child's parent, your spouse is part of the petition.
• The other biological parent: if that parent agrees, the process is simpler. If that parent has abandoned the child, consent is not required. California's abandonment period is 12 months (Cal. Fam. Code § 8604), and the definition appears in Cal. Fam. Code § 7822. Occasional calls or texts, sporadic visits without a real relationship, and a lack of emotional or financial support are the kinds of facts courts look at.

If the other parent objects, can't be found, or your situation is unusual, ask the Superior Court clerk in your county or an attorney about your specific case.

Home study. Courts typically waive the home study in stepparent adoptions, since the child already lives in the home (Cal. Fam. Code § 9000.5 and Cal. Fam. Code § 9001(a)).

The basic steps.

• Confirm you meet the marriage and residency requirements.
• Gather the information about the child, your spouse, and the other biological parent.
• Complete the petition and supporting forms for your county's Superior Court. California has 58 counties, and local filing details can differ.
• File with the court. Electronic filing is available in most counties.
• Attend the hearing, where the judge decides whether to grant the adoption.

Cost. Court filing fees typically run $200-$500, and the total is typically under $600. Hiring an attorney commonly costs $3,000-$5,000+. A name change for the child, if you want one, is included at no additional court cost.

Why families do it. An adoption creates a legal parent-child relationship with inheritance rights.