2007 California Family Code Chapter 5. Stepparent Adoptions

CA Codes (fam:9000-9007)

9000.  (a) A stepparent desiring to adopt a child of the stepparent'
s spouse may for that purpose file a petition in the county in which
the petitioner resides.
   (b) A domestic partner, as defined in Section 297, desiring to
adopt a child of his or her domestic partner may for that purpose
file a petition in the county in which the petitioner resides.
   (c) The caption of the adoption petition shall contain the names
of the petitioners, but not the child's name.  The petition shall
state the child's sex and date of birth and the name the child had
before adoption.
   (d) If the child is the subject of a guardianship petition, the
adoption petition shall so state and shall include the caption and
docket number or have attached a copy of the letters of the
guardianship or temporary guardianship.  The petitioners shall notify
the court of any petition for guardianship or temporary guardianship
filed after the adoption petition.  The guardianship proceeding
shall be consolidated with the adoption proceeding.
   (e) The order of adoption shall contain the child's adopted name,
but not the name the child had before adoption.
   (f) If the petitioner has entered into a postadoption contact
agreement with the birth parent as set forth in Section 8616.5, the
agreement, signed by the participating parties, shall be attached to
and filed with the petition for adoption.
   (g) For the purposes of this chapter, stepparent adoption includes
adoption by a domestic partner, as defined in Section 297.




9001.  (a) The probation officer, qualified court investigator,
licensed  clinical social worker, licensed marriage family therapist,
or, at the option of the board of supervisors, the county welfare
department in the county in which the adoption proceeding is pending
shall make an investigation of each case of stepparent adoption.  The
court may not make an order of adoption until after the probation
officer, qualified court investigator, licensed  clinical social
worker, licensed marriage family therapist, or county welfare
department has filed its report and recommendation and they have been
considered by the court.
   (b) Unless ordered by the court, no home study may be required of
the petitioner's home in a stepparent adoption.  The agency
conducting the investigation or any interested person may request the
court to order a home study or the court may order a home study on
its own motion.
   (c) "Home study" as used in this section means a physical
investigation of the premises where the child is residing.



9002.  In a stepparent adoption, the prospective adoptive parent is
liable for all reasonable costs incurred in connection with the
stepparent adoption, including, but not limited to, costs incurred
for the investigation required by Section 9001, up to a maximum of
seven hundred dollars (0).  The court, probation officer,
qualified court investigator, or county welfare department may defer,
waive, or reduce the fee if its payment would cause economic
hardship to the prospective adoptive parent detrimental to the
welfare of the adopted child.


9003.  (a) In a stepparent adoption, the consent of either or both
birth parents shall be signed in the presence of a notary public,
court clerk, probation officer, qualified court investigator, or
county welfare department staff member of any county of this state.
The notary public, court clerk, probation officer, qualified court
investigator, or county welfare department staff member before whom
the consent is signed shall immediately file the consent with the
clerk of the court where the adoption petition is filed. The clerk
shall immediately notify the probation officer or, at the option of
the board of supervisors, the county welfare department of that
county.
   (b) If the birth parent of a child to be adopted is outside this
state at the time of signing the consent, the consent may be signed
before a notary or other person authorized to perform notarial acts.

   (c) The consent, when reciting that the person giving it is
entitled to sole custody of the child and when acknowledged before
the notary public, court clerk, probation officer, qualified court
investigator, or county welfare department staff member, is prima
facie evidence of the right of the person signing the consent to the
sole custody of the child and that person's sole right to consent.
   (d) A birth parent who is a minor has the right to sign a consent
for the adoption of the birth parent's child and the consent is not
subject to revocation by reason of the minority.



9004.  In a stepparent adoption, the form prescribed by the
department for the consent of the birth parent shall contain
substantially the following notice:
   "Notice to the parent who gives the child for adoption:  If you
and your child lived together at any time as parent and child, the
adoption of your child through a stepparent adoption does not affect
the child's right to inherit your property or the property of other
blood relatives."



9005.  (a) Consent of the birth parent to the adoption of the child
through a stepparent adoption may not be withdrawn except with court
approval.  Request for that approval may be made by motion, or a
birth parent seeking to withdraw consent may file with the clerk of
the court where the adoption petition is pending, a petition for
approval of withdrawal of consent, without the necessity of paying a
fee for filing the petition.  The petition or motion shall be in
writing, and shall set forth the reasons for withdrawal of consent,
but otherwise may be in any form.
   (b) The court clerk shall set the matter for hearing and shall
give notice thereof to the probation officer, qualified court
investigator, or county welfare department, to the prospective
adoptive parent, and to the birth parent or parents by certified
mail, return receipt requested, to the address of each as shown in
the proceeding, at least 10 days before the time set for hearing.
   (c) The probation officer, qualified court investigator, or county
welfare department shall, before the hearing of the motion or
petition for withdrawal, file a full report with the court and shall
appear at the hearing to represent the interests of the child.
   (d) At the hearing, the parties may appear in person or with
counsel.  The hearing shall be held in chambers, but the court
reporter shall report the proceedings and, on court order, the fee
therefor shall be paid from the county treasury.  If the court finds
that withdrawal of the consent to adoption is reasonable in view of
all the circumstances and that withdrawal of the consent is in the
child's best interest, the court shall approve the withdrawal of the
consent.  Otherwise the court shall withhold its approval.
Consideration of the child's best interest shall include, but is not
limited to, an assessment of the child's age, the extent of bonding
with the prospective adoptive parent, the extent of bonding or the
potential to bond with the birth parent, and the ability of the birth
parent to provide adequate and proper care and guidance to the
child.  If the court approves the withdrawal of consent, the adoption
proceeding shall be dismissed.
   (e) A court order granting or withholding approval of a withdrawal
of consent to an adoption may be appealed in the same manner as an
order of the juvenile court declaring a person to be a ward of the
juvenile court.



9006.  (a) If the petitioner moves to withdraw the adoption petition
or to dismiss the proceeding, the court clerk shall immediately
notify the probation officer, qualified court investigator, or county
welfare department of the action.
   (b) If a birth parent has refused to give the required consent,
the adoption petition shall be dismissed.



9007.  The prospective adoptive parent and the child proposed to be
adopted shall appear before the court pursuant to Sections 8612 and
8613.