adoptive parents

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information for adopting parents

Once I have custody of the child, are there any more legal requirements?

Usually Within 48 Hours

The adoption placement agreement is signed by the birth parents and adoptive parents in the presence of an an Adoption Service Provider (ASP), who is licensed by the state of California (at lease 10 days must have passed since the birth parents' advisory meeting)¹. This agreement later becomes the adoption consent and is filed with the court as such.

Usually Within 10 Days

The ASP files the adoption placement document with the State of California. A confirmed copy of the document is sent to the State Department of Social Services.

Usually Within 30 Days

Social Services is required to attempt to hold interviews with the adoptive parents for the purpose of completing a home study. If not done previously, the adoptive parents must fill out state home-study forms and meet one time with the state social worker assigned to their case².

31st Day

The birth parents' consent to adoption becomes irrevocable 31 days after the adoption placement agreement was signed, unless the birth parents meet with a California social worker from the Department of Social Services to sign a waiver of the revocation period. Until such a waiver has been signed or until the 30 day period has passed, the birth parents have full right to reclaim the child. (It used to be 90 days).

End of 5th Month

Social Services will visit the adoptive family's home to insure the child is developing normally and that the home is safe and secure.

Within 180 days

As long as all parties have completed all necessary paperwork, the final report recommending adoption approval or disapproval, according to the recommendation made by the Department of Social Services, is filed with the court. Adoptive parents must file an accounting report documenting all adoption-related expenses.

First Date Available After 180 Days

The adoptive parents and the child appear before a judge in chambers to finalize the adoption.

¹ After the placement agreement is filed, if the birth father is unavailable to sign consent forms with Social Services, other appropriate documents must be filed with the court to terminate the father's rights. Various procedures may be employed depending on the status and inclination of the birth father.

² In the event that Social Services opposes the adoption, that Department must immediately file a report rather than allowing the 180 days they are otherwise granted for filing. However, this is an unusual occurrence.