ADOPTION AND GUARDIANSHIP
What do you do if you find yourself in a position either wanting to adopt a child or needing to become a guardian of a child? Here at Clemens Warren, LLP we can help you navigate through your independent adoption or application for guardianship of a child. “Independent adoption” means the adoption of a child in which neither the department, county adoption agency, nor agency licensed by the department is a party to, or joins in, the adoption petition. There are licensed adoption agencies that can also help with the adoption process as well.
WHO CAN ADOPT A CHILD IN CALIFORNIA?
In California, a child can be adopted by any adult who is at least 10 years older than the child. However, an exception to this rule is if the child and adult wanting to adopt the child are related, such as a brother, sister, uncle, aunt, stepparent, or cousin. The consent of a child, if over the age of 12 years, is necessary to the child’s adoption.
And yes, same sex couples can adopt children as well. Clemens Warren, LLP has experience in helping same sex couples adopt children and it is a wonderful opportunity we enjoy being a part of with our clients. California law does require that the same sex couple either be married or registered domestic partners in order to adopt a child of one of the parties.
WHO MUST CONSENT TO THE ADOPTION?
In most cases, the birth parents both must consent to the adoption of a child. However, Family Code Section 8606 states:
The consent of a birth parent is not necessary in the following cases:
(a) Where the birth parent has been judicially deprived of the custody and control of the child (1) by a court order declaring the child to be free from the custody and control of either or both birth parents pursuant to Part 4 (commencing with Section 7800 ) of Division 12 of this code, or Section 366.25 or 366.26 of the Welfare and Institutions Code , or (2) by a similar order of a court of another jurisdiction, pursuant to a law of that jurisdiction authorizing the order.
(b) Where the birth parent has, in a judicial proceeding in another jurisdiction, voluntarily surrendered the right to the custody and control of the child pursuant to a law of that jurisdiction providing for the surrender.
(c) Where the birth parent has deserted the child without provision for identification of the child.
(d) Where the birth parent has relinquished the child for adoption as provided in Section 8700 .
(e) Where the birth parent has relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction pursuant to the law of that jurisdiction.
Regardless of what type of adoption you are needing, Clemens Warren LLP is here to help you through the process, one step at a time
GUARDIANSHIP OF A CHILD
There may be any number of reasons someone finds themselves in the position of needing to become the guardian of a child, from the death of a parent or inability of a parent to care for their child properly. If you find yourself in this position, Clemens Warren, LLP has experience in petitioning the Court for guardianship of a minor child on behalf of their clients.
Becoming a guardian of a child provides that person with the same rights as though they were stepping in the shoes of the legal, biological or birth parent, including making decisions regarding the child’s health, education and welfare.
HOW DOES A GUARDIANSHIP DIFFER FROM AN ADOPTION?
The most significant difference is that a guardianship is temporary, while an adoption is permanent, requiring one or more of the parents to relinquish permanently their parental rights to a child. Moreover, the Court will continue to supervise a guardianship, while an adoption is completed once approved by the Court.
Regardless of where you find yourself, i.e., need or wanting to adopt a child or become a legal guardian, Clemens Warren, LLP is here to assist you with that process.
