Last updated 11/12/2019
Adopting a child can be a joyous occasion when you can celebrate expanding your family. But adoption can also be a legally complex process. State laws regarding who can be adopted, who can adopt, and how can be pretty tough to figure out. Here is a brief introduction to adoption laws in California.
Regulations and laws regarding adoption, including who may adopt and special requirements for adoptive parents, are fairly similar among most states. California law requires prospective parents to be at least 10 years older than the adoptee and need the consent of children 12 and older, which is not too different from laws in other states. But since adoption is such a complicated (and important) process, you should probably contact an attorney for assistance.
Each state has different adoption laws. Below are some of the basic rules surrounding California adoption.
| Code Section | Family §§8500-9340 |
| Who May Be Adopted | Any unmarried minor child at least 10 years younger than their prospective adoptive parent or parents; any married minor or adult |
| Age that Child's Consent Needed | 12 years and older |
| Who May Adopt | Any adult; must be 10 years older than child unless stepparent, sister, brother, aunt, uncle, or first cousin and court approves |
| Home Residency Required Prior to Finalization of Adoption? | No |
| State Agency/Court | State Department of Social Services/Superior |
| Statute of Limitations to Challenge | On any grounds except fraud: 1 year; fraud: 3 years |
Generally speaking, any single adult or a married couple together is eligible to adopt. A stepparent is also eligible to adopt the birth child of his or her spouse. In certain states, married persons are allowed to adopt on their own if their spouse is legally incompetent or if they are legally separated from their spouse. To date, all states allow adoption by gay and lesbian individuals. Judges in adoption courts will normally look to the best interests of a child when making adoption decisions.
The standards and regulations concerning adoption can vary greatly from state-to-state, and from country-to-country. You can review some of them in FindLaw’s adoption law section and get a more general overview in our adoption section. If you would like legal assistance with your adoption case, you can schedule a consultation with an experienced adoption attorney in California.
