What are the adoption laws in California?

California adoption law is found in the California Family Code, Division 13. For families, the most common route is a stepparent adoption, where the spouse of a child's parent becomes a legal parent through the Superior Court in the family's county.

Who can adopt as a stepparent: You must be currently married to the child's parent. California has no minimum length of marriage. Same-sex spouses and domestic partners have the same stepparent adoption rights. The main statute is Cal. Fam. Code § 9000.

Residency: You must be actual residents of California, but no specific length of residency is required (Cal. Fam. Code § 9000(a)).

Consent:

• A child who is 12 or older must consent (Cal. Fam. Code § 8602).
• The other legal parent normally has to consent, or the court has to find that consent isn't required.
• Consent can be waived in cases of abandonment. California looks at a 12-month period (Cal. Fam. Code § 8604), and abandonment is defined in Cal. Fam. Code § 7822.
• Token contact doesn't count as a relationship. That means occasional calls or texts, sporadic visits without a meaningful bond, or a failure to give emotional or financial support.
• Whether abandonment applies depends on your specific facts. If the other parent objects or can't be found, talk to the Superior Court clerk or an attorney about your situation.

Home study: California courts typically waive the home study in stepparent adoptions, since the child already lives in your home (Cal. Fam. Code § 9000.5).

Age gap: For a minor child, the adoptive parent must generally 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).

Adult adoption: An adult may be adopted by another adult, including a stepparent (Cal. Fam. Code § 9300). The two sign a written adoption agreement (Cal. Fam. Code § 9320). The consent of the adoptee's parents is not required (Cal. Fam. Code § 9302). A hearing is required, and the petition can be filed in the county where either person lives.

Cost and timeline: Court filing fees typically run $200-$500, and the total is typically under $600, compared with $3,000-$5,000+ for an attorney. A stepparent adoption typically takes about 3 months. The name change is included at no extra court cost, and electronic filing is available in most of California's 58 counties.

Special situations: Children with Native American heritage require extra steps under federal law, including ICWA compliance. Military and immigrant families may face additional questions, such as interstate jurisdiction or the adoptive parent's legal residency status. Your Superior Court clerk can confirm local procedures.

Why it matters: Adoption gives your child inheritance rights, lets you make medical, educational and legal decisions, and can open eligibility for Social Security and insurance benefits.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county.