What are the requirements for stepparent adoption in California?

In California, a stepparent adoption requires that you are married to the child's parent, that you live in California, that the other legal parent consents (or that consent is not required because of abandonment), and that a Superior Court approves the adoption. Here is how each piece works.

Marriage: You must be currently married to the child's biological parent. California sets no minimum length of marriage. Same-sex marriages and domestic partnerships are recognized for stepparent adoption under Cal. Fam. Code § 9000.

Residency: You must be an actual resident of California, and no specific length of time is required (Cal. Fam. Code § 9000(a)).

Consent of the other parent: Usually the child's other legal parent is asked to consent. If that parent has abandoned the child, their consent is not required. Abandonment is defined in Cal. Fam. Code § 7822, and the 12-month period appears in Cal. Fam. Code § 8604. Token contact, such as occasional calls or texts, doesn't count as a relationship. Sporadic visits without a meaningful bond, or a failure to give emotional or financial support, also don't count. If the other parent's whereabouts are unknown, or they plan to contest the adoption, what applies depends on your facts. Ask the Superior Court clerk in your county or an attorney about that specific issue.

The child's consent: A child who is 12 or older must consent to the adoption (Cal. Fam. Code § 8602).

Home study: A home study is typically waived for stepparent adoptions, because the child already lives in your home (Cal. Fam. Code § 9001(a)).

Age difference: For a minor child, the adoptive parent generally must be at least 10 years older than the child. For a stepparent, the court may approve the adoption without regard to ages if it is in the best interest of the parties and the public interest (Cal. Fam. Code § 8601).

Where you file: You file a petition with the Superior Court. California has 58 counties, and the clerk in your county can tell you about local forms, procedures and whether electronic filing is available. The court then reviews your petition.

Special situations: If your child has Native American heritage, federal law, including ICWA, requires special consideration.