Alameda County Superior Court
Adoption Self Help
Stepparent Adoptions
A Stepparent Adoption
is when the spouse of a child's custodial
parent adopts that child. Social Services prefers
that the stepparent be married to the other parent at least one year before adoption.
The stepparent and custodial parent will fill out court forms. There will be
a hearing in Court. The child
to be adopted, the natural parent who the child will live with, and the
adopting stepparent must go to the hearing. This section explains the steps
you have to take for a stepparent adoption.
6 steps to complete a Stepparent Adoption:
- Complete
the forms
- Mailing to
Social Services
- DCSS
Investigation
- Obtaining
consent From the Other Parent
- Before
the hearing
- The
hearing
- Complete the forms
Fill out these Judicial Council forms:
You
can download the forms you need from the forms page of the Judicial Council’s
Self-Help Center.
Tip: Use the dropdown box on the state forms page to choose
“Adoption.” Then, click the “See forms” button.
- Mailing to Social
Services
Mail an endorsed filed copy of Adopt 200 to:
Alameda County Social Services Agency
Stepparent Adoptions
510-268-4276
- DCSS Investigation
The Department of Social Services will contact you to schedule an interview to complete their investigation. They will interview the child, so be sure to explain to the child that you are trying to adopt him/her.
Contact Alameda County Department of Social Services
- Obtaining consent From the Other Parent
The Social Services Agency will prepare the consent for the biological parent who is giving up custody of the child.
If the other parent doesn't want to sign a consent form, file a Petition to end their parental rights.
If that parent is the mother or a Presumed Father, file a Willful Failure Petition Freeing the Child From Parental Custody and Control.
If the other parent is an Alleged Father, file a Termination Petition Terminating the Parental Rights of Alleged Father.
To learn how to fill out these forms, read How to Do Your Own California Adoption (Nolo Press). You can find these forms at bookstores, stationery stores and printers.
- Before the hearing
When you get your copy of the Stepparent Adoption report, call the Clerk's Office at the Courthouse to schedule your adoption hearing.
If the other parent did not give up his/her rights or if the Court has not ended his/her rights, you must file a Petition to Terminate Parental Rights first before you schedule your adoption hearing.
If you can't locate the other parent and he is a presumed father, you must publish the notice in a newspaper. Talk to a lawyer for help with this process.
- The hearing
The stepparent, the custodial parent and the child must go to the Adoption Hearing. Get to Court 20 minutes early and let the clerk know you are there.
If you didn’t already file these forms, bring the originals and 2 copies of your forms to your hearing:
If
the other parent did not sign a Consent form, talk to a lawyer for help with
this process.
What do I do after the hearing?
After your hearing, file your papers with the courtroom clerk. You can get certified
copies of the Order of Adoption for a fee. Just ask the clerk.