In this answer · 3 sections
Your question, explained
You file where YOU and the child live — not where the biological parent lives. If you live in another state but the biological parent is in California, the adoption is filed in YOUR state, not California.
However, if you and the child live in California:
- You file in California Superior Court
- The biological parent can be served anywhere — in California or in another state
- The adoption follows California law regardless of where the other parent lives
- 0 months residency required (Cal. Fam. Code § 8714)
If the biological parent lives in California and you live elsewhere:
- You file in YOUR state's court
- The biological parent is served at their California address
- California's laws do not govern — your state's laws do
- Contact us and we'll prepare documents for your state
Cross-state service of process:
- A sheriff or process server in California can serve the biological parent
- If the parent is cooperative, they can sign consent and have it notarized in California
- If the parent's location in California is unknown, service by publication may be used
Cost: $349 regardless of which state | Call (855) 924-0450 to discuss your multi-state situation.
Stepparent adoption in California at a glance
- Court
- Superior Court
- Residency before filing
- Must be actual residents of California; no specific duration required
- Typical timeline
- 3 months
- Court filing fee
- $200-$500
- Child must consent at age
- 12
- Home study
- Usually waived for stepparents
- California families we've helped
- 1,219
Published by Douglas Brown & the StepParent Adoption 360 team
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
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