Gender and Age Preference in Adoption
California adoption laws provide room for the selection of gender and age preference when adopting. Gender selection is normally decided by the adoption agency, but some agencies allow the selection of gender. Age on the other hand is normally chosen by the adopter. In addition to these preferences, it is essential to be aware of laws governing the adoption process within California.
Can an Adopter Select the Gender of the Adoptee during Adoption?
Gender selection all comes down to the adoption agency. Some agencies will allow the adopters to select a gender preference. There are no laws in place to prevent the adopter from being age-specific. While there are no laws in place, the more specific the adopter is with their selection, the longer the wait time can be to adopt
Can the Adopter Request a Certain Age during Adoption?
The adoption agency encourages requests for a specific age to know which age range the adopter would prefer. The adoption age ranges from a newborn to 18+, so knowing which age the adopter prefers helps narrow the selection process.
Who needs to Consent to the Adoption?
There are many factors when it comes to the consent of adoption. Consent typically starts with the biological parent. If the biological parent has not terminated the parental rights but is unfit or unwilling to take care of the child in question, then the biological parent does need to consent to adopt. If the biological parents do not consent but cannot provide adequate care or shelter, the court can terminate parental rights and make the child eligible.
Does the Child in Question need to Consent to the Adoption?
If the child is over the age of twelve, the child must consent to the adoption. If the child is younger than twelve and within the state adoption system, a caseworker will present the child’s best interests to the court. Temporary guardians may also provide consent in specific circumstances.
How Old must One be to Adopt?
California does not have an adoption age limit. One may adopt at any age. Family Code 8601 asks that a person pursuing an adoption be at least ten years older than the child they wish to adopt. The age qualification can be contested in court if the person there is less than a ten-year age gap or is a biological relative of the child.
Can a Minor Adopt another Minor?
The adopter needs to be over 18 to adopt anyone under 18. In situations like this, it is usually a teenage sibling trying to get custody of a younger sibling. The court will bypass the ten-year age gap rule in situations like this, but the older sibling still has to be 18 to adopt.
How does One Prepare for the Adoption of a Child?
A social worker must conduct a home study of the potential adopter to adopt a child. This means a social worker will come by the adopter’s place of residency to survey the home for cleanliness, evidence of drug or alcohol abuse, and overall livability. The home study will determine if the child can live in the residency. If Social Services deem the living environment appropriate, the next step of the process will continue.
What can Halt the Adoption Process?
First, it is best to determine why the agency denied the request to adopt. After a home study, the social worker determines whether the living environment is best for the children in question. Social Services can deny the adoption if the home is deemed unsafe. Denial can result from several circumstances. If one of the guardians in question has current or past charges including but not limited to:
- Drug use
- Driving while intoxicated
- Child abuse
- Child endangerment
- Neglect
- Assault and Battery
If the child in question is in the guardian’s care and the agency denies the adoption, the child will often be removed from the house and placed with a family member or the state. Denial does not mean that the guardian in question can never receive custody. However, it does mean that it will be harder to retain custody if there are previous charges or accusations.
Contact Pride Legal
If you or a loved one is looking to adopt a child, we invite you to contact us at Pride Legal for legal counseling or any further inquiries. To protect your rights, hire someone who understands them.