Legal Question in Family Law in California
Stepparent Adoption and Social Services
I have a 6 year old daughter who has not seen her biological father for 3 years. My husband would like to adopt her. To my daughter he is daddy. She has some memory of her biological father, but not much. I have recently contacted the biolgical father and he has agreed to consent. I would like to know if the Department of Children and Family Services must be involved in this adoption. I want my daughter to be involved as little as possible, and it seems to me that if the Department has involvement, it will be impossible.Will they come to my home? Once I agree to let them into my home can they come whenever they like? Also, I was told that I would have to bring her to court. Is this true? I do not want her to see her biological father as I believe it will cause emotional problems for her. Is there nota private way for this adoption to take place? Please advise.
3 Answers from Attorneys
Re: Stepparent Adoption and Social Services
Yes your daughter must go to court and there must be involvement of social services. But it will be a very "friendly" experience compared with other court appearances. The judges generally try to make the adoption hearing a "happy" occasion and indeed it is a much happier occasion than the many other court hearings that the judge has to perform. You should be able to make this a very positive experience for your daughter because the man that she sees as her "Daddy" loves her so much that he wants to be her Father also. Good Luck, Pat McCrary
Re: Stepparent Adoption and Social Services
Absolutely you can do a private adoption. A stepparent adoption is a common occurrence and not too complicated. It usually only becomes a problem if the natural parent objects. However, according to your e-mail, the natural father is willing to consent. That's great, it will make the process easier.
If you would like to discuss the process of a private stepparent adoption, please give me a call, I would be happy to speak with you.
Michael D. Burt
(213) 384-2220
Re: Stepparent Adoption and Social Services
A step parent adoption is fairly simple if the natural father will consent. However, DSS will require an investigation of your husband, criminal background check and they will come to the home. They cannot come anytime they feel like it. They will do a cople of visits and then make a reccomendation to the courts and then they are done. They will also charge a fee for this up to $700. Your daughter will have to come to the court for the finalization of the adoption but the father will not be there. His consent can be signed in front of a state social worker, or court clerk, but your daughter will not be there. She does not have to have any contact with the father. When the adoption is granted by the courts, you will get a new birth certificate with your husband listed as the father and the old certificate will be sealed and not available to others without court order. Ill be glad to help you through the process please write me for more information.
John A. Giffen