california adoption law
Adoption law is legislated by the state, so each state has its own set of adoption laws.
In the case of international adoption, you must follow additional laws set by
the Immigration and Naturalization Service.
Who May Adopt?
Any adult can adopt, as long as they are at least 10 years older than the adoptee.
A court may waive the 10-year requirement if the adoption is by a stepparent or
relative and if it is in the child's best interest.
Commonly, married couples apply to become adoptive parents, although single and divorced
people are not prohibited from adopting in California.
If a spouse wants to adopt, the other spouse must give his/her consent, unless
they are legally separated.
There is no particular age, housing situation, social background, or income level that
makes certain people more qualified than others to be adoptive parents. Some people may
be required to provide additional information to an agency considering their application.
For instance, working parents would be required to demonstrate how child care will be provided.
For the first 90 days after a child is freed for adoption and is being placed
by an agency, the child may only be placed with a family of the same racial,
ethnic, and cultural background. An exception to this rule may be made when the
birth parents request it, when the child has an extraordinary physical or emotional
need, or when such a policy would otherwise not be in the child's best interest.
Religious background will also be considered.
Qualifications
Adoption agencies conduct a rather extensive examination of people who wish to adopt,
to ensure that they are fit to do so. The agency assesses the child's needs and creates
a record that includes a history and verification that the child is free for adoption.
Agency workers perform a "home study," going into the potential parents' home to
investigate whether or not it is an appropriate place for a child. The adoptive parents are
subject to an investigation of criminal, marital, medical, and employment backgrounds.
The home study also includes an interview, the purpose of which is to ascertain whether
the potential parents are ready for the responsibilities of parenting. Some of the issues
covered in the home study include:
- Is the house clean and safe?
- Is there room for the child?
- How long have the applicants been married?
- Are both people eager to adopt?
- Do the applicants have any experience with children?
- Can they afford to have the child?
- Will one parent stay home with the child or will they use day care?
The goal of the interview and examination process is not to make sure the applicants
have a lot of money, a big house, or a great deal of education. It is meant to verify
that adoption is the appropriate choice for the couple and that they will be able to
meet the specific needs of the child they are seeking to adopt.
The home study also is an opportunity for the potential parents to obtain information
from the agency worker and to have their questions answered.
Even if people arrange an adoption independent of an agency, a public or private agency
still must conduct an investigation and home study.
|
