Please ensure Javascript is enabled for purposes of website accessibility California LGBT Adoption Attorneys - Pride Legal

California Adoption Attorneys for the LGBT Community

At Pride Legal, we are dedicated to helping you find an attorney who is the best fit for your legal concerns.

Get Connected to an Attorney Today!

  • This field is for validation purposes and should be left unchanged.

Do you need an attorney experienced in Adoption cases?

young female attorney | Pride Legal attorneys

About California Adoption Laws

Adoption is the act of legally creating a family relationship between an adult, married spouses, or domestic partners and a child. Adoption laws are different from state to state, and there are different types of adoption. Adoption occurs between the prospective parent(s) and a public or private adoption agency or it may be a private individual party giving up a child for adoption. At the end of the process, the new parent has all of the legal rights and responsibilities that a birth parent would normally have. 

Although traditionally only married couples were able to adopt a child, times and laws have changed considerably. Many couples and even individuals who previously were excluded from being able to adopt can now do so freely and legally. California has fairly progressive laws when it comes to allowing same-sex partners to adopt whether they have a domestic partnership or marriage. If you are a non-traditional adoptive parent or parents, you may expect to have a somewhat harder time in adopting than if you do have what is considered a traditional marriage with parents of both sexes. However, at Pride Legal we believe any capable, willing, and qualified parent should have the right to adopt.

 Adoption can be a great choice for anyone looking to start a family of their own. In California, there is no marriage or partnership required for adoption. The focus is on finding good homes for children in need. Many couples and single individuals wish to have children, but they either cannot conceive their own children or choose not to for a variety of reasons.

Same sex couples may wish to create a family and choose adoption as the means to do so. Whatever your reason for wanting to adopt, there are attorneys in our legal network that can assist you in achieving your goal of adopting a child. The goal of most adoption agencies and foster agencies is to place a child in the right environment for the child, one which will enable the child to grow in a loving environment that will work for both the child and parent(s). The United States has thousands of children that are either in foster care or awaiting adoption and there is no reason you cannot be the one to adopt them.

If you think you could be a good match or you are interested in exploring the idea of giving a child a new home, give us a call today! When looking to adopt a child, it is always best to contact Pride Legal to have your questions answered, and to have the smoothest adoption process. Our network of LGBTQ adoption attorneys are well-trained to understand the individualized needs of LGBTQ youth and parents.

It is also important to be aware of the complexities of adoption laws in other states and countries before proceeding. Some states and countries ban same-sex couples from adopting outright, and other restrictions may bring up issues that could cause complications for the adoptive parents and children down the road. 

What are the Adoption Requirements in California?

The adoption requirements in California are a combination of personal and home details. In California, you are not required to be married in order to adopt. In fact, you can be single and adopt as long as you are a suitable candidate. In addition, you must be at least 10 years older than the child. There are exceptions to this covered below.  While a criminal offense might not end your plans of adoption, it will certainly make it harder. The state of California also checks to ensure the prospective parent provides a good home. Below is a quick checklist of factors that are weighed.

  • Is the home safe and sanitary for the child
  • How long has the applicant been married (if applicable)
  • What is the applicant’s work history/consistency
  • Does the applicant have a criminal history (especially concerning minors)
  • Has the applicant had experience with children? (Parent, childcare worker, teacher, etc..)
  • What is your housing status? (You do not have to be a homeowner!)
  • Can you afford to care for the child?

What are the 3 types of adoption in California?

1. Foster Care: This system places the children/minors into a group home, or private home with a state certified caregiver, “foster parents”. The group homes the children. Caretakers must undergo regular evaluation by child welfare workers to maintain care for the child. Often, it is encouraged for the foster parents to adopt the child, after the court orders an adoption plan.

2. Adoption: This is the permanent process to assume care for a child. Adoption requires transferring all rights and responsibilities from the biological parents to the adoptive parent(s).

In an open adoption, biological parents may have a degree of communication and interaction in the child’s life. In 2009, the U.S. allowed legally enforceable open adoption contract agreements to be included in the adoption process.

In a closed adoption, there are seals protecting information to prevent disclosure of adoptive parents’ and biological parents. A closed adoption will allow for “non-identifying” information to be released – medical records of the child, and ethnic background.

Regardless of the type of adoption, both will undergo regular evaluations by child welfare workers and government officials.

3. Legal Guardianship: In simple terms, a legal guardian is a person who has the legal authority to care for the personal interests of another person and their property. A parent can designate a legal guardian in the case of death, but this must be approved by the court. Regardless of the type of adoption, both will undergo regular evaluations by child welfare workers and government officials

How Do I Adopt a Child in California?

Parents choose to adopt their children domestically or internationally. A domestic adoption process can be either conducted independently or through a foster agency:

  • Independent: Often arranged by a family law attorney, or an adoption agency, requires a birth mother to consent or choose the adoptive parents. Because 85% of adoptions are independent, the birth mother is often in control of choosing the adoptive parent. Therefore, it is recommended that you meet with the birth mother and-or make a good case for why you are the right choice for a parent. Getting an adoption lawyer is the smoothest way to approach these issues. For a better understanding of the “foster to adopt” process we reached out to Extraordinary Families, a foster care and adoption agency based in Los Angeles.
  • Foster to Adopt: Foster family and County agencies find homes for children who have already entered the foster care system. These children range in age from 0-18. If the court determines the children are not able to return to their biological parents, a plan for adoption is made. There is a high percentage of older children, 5+ years, in need of adoptive parents. Although in the hands of the state, an adoptive attorney will help settle any questions or concerns about adopting through foster care.

What To Do After Adoption

In all three cases, there is an evaluation, follow up, and general checkups conducted by the state or child welfare workers to confirm that the child is in a suitable living situation. As a foster parent, your job is to ensure the child is taken care of regarding education, room, and board. During their stay in a foster care home, an agency overseeing the child’s case makes more immediate care decisions, such as educational and religious decisions. Unless another legal guardian or biological parents is given authority, the agency and child welfare workers have this designated role until the child is 18-21, or the child achieves permanency through adoption or legal guardianship. Adoptive parents have the authority to govern the adopted child’s life. They have an identical responsibility to birth parents. When parents adopt through foster care, they receive monetary assistance via adoption assistance programs and Medicaid. These benefits do not exist in a private, domestic, or international adoption. The following are general adoption legal terms:

ICPC: If your adoption takes place across the nation; you must remain within your state lines until the Interstate Compact for the Placement of Children paperwork is finalized (two weeks at most).

Post Placement Visits: After adoption, a home study provider will visit you and your new family to ensure that everyone is adjusting well to the new situation.

Finalization Hearing: After the first two steps, a judge will review and declare the finalization of the adoption.

Legal Guardianship: Unlike adoption, a legal guardianship will remain overseen by the court until the child is of legal age. This includes a yearly status report made by the guardian to the court, as well as meeting with court investigators and social workers as deemed necessary by the court. A court can also impose any requirements for a child which might be in need.

How Much Does Adoption Cost?

Normally, there is no cost or fee when adopting in the state of California. Adoption agencies may charge up to $500 as an adoption fee, but this can be reduced, deferred, or waived depending on the situation. If you can afford to care for a child, fees should not stand in the way. Outside of adoption fees, prospective parents can plan to spend anywhere from $100-$300 on necessary courses such as CPR and water safety, fingerprinting, and background checks. These fees can usually be reimbursed. 

Is there an Age Restriction For Adoption?

There is no age restriction as to who can adopt in the state of California. The only stipulation is that the prospective parent must be at least 10 years older than the child. Their are exceptions to this requirement if you are an uncle, aunt, cousin, or some other relative seeking adoption. Additionally, being a step-parent permits exceptions to this requirement.

Can I Adopt if I have a Criminal HIstory?

The short answer is yes, you can adopt even if you have a criminal history. The longer explanation is that it depends on a multitude of factors. In California, there are no laws prohibiting even a convicted felon from adopting a child. If the court finds the prospective parent is reformed, capable, and willing, they may grant custody. However this is not guaranteed. It depends on the nature of the charge, rehabilitation, and your history after the incident. In order to do this, you will need a strong, knowledgeable adoption lawyer like those of Pride Legal.

Statistics Behind LGBTQ Family Adoption

According to WIlliams Institute. LGBTQ families are seven times more likely to adopt a child as opposed to couples of different sexes. These numbers are rising each year as more and more same-sex couples are getting married. Over the years, the number of children living with LGBTQ parents has risen tremendously. As the trend continues, that number will only increase, as same-sex adoption and parenting become more and more widely accepted. Today, more and more LGBTQ parents have taken action by retaining a family lawyer andLGBTQ lawyers who are both knowledgeable and passionate about breaking down the barriers restricting adoption for LGBTQ couples.

LGBTQ Cultural Competency Laws

In 2012, California Governor Jerry Brown signed a bill requiring foster parents and other caregivers to undergo training in “cultural competency and sensitivity” regarding lesbian, gay, bisexual and transgender youth. If all that is required is a single 60-minute session once a year, there is no in-depth curriculum, however, there is at least an attempt made to bring light to LGBTQ issues within the adoption process. Three other states, including Illinois, Nevada, and Utah, have enacted similar laws. These state laws or state agency regulations require current and prospective foster parents to get proper training about cultural understanding behind the LGBTQ youth and the legal requirements. These laws and regulations are designed to improve the safety and outcomes for LGBTQ youth in the child welfare system. The District of Columbia along with 46 other states, do not require LGBTQ cultural competency training.

The future of LGBTQ Family Law

In truth, we need these types of longitudinal studies that trace a child’s upbringing because the laws regarding LGBTQ families have all changed in the last two years. Previous research is now outdated since its legal precedents differ. Therefore, new research is necessary to change the way we react and approach LGBTQ families, and adoption. New studies on LGBTQ adoption needs to include the voices of the children, their feelings and their opinions on how they are and were raised. The parents are important, but if the prejudice claims made are that LGBTQ parents are unfit to raise children then, the children are the ones who can prove this wrong. For further information, download the FREE Pride Legal LGBTQ Adoption e-book here.

LGBTQ Lawyers in Los Angeles and Throughout California

The challenges for anyone wanting to adopt a child are best dealt with through an experienced and knowledgeable LGBTQ friendly adoption attorney. There are many legal issues to be addressed, especially if attempting to adopt a child from an individual. To protect your interests and that of the child into the future, having a skilled attorney reviewing all of the details and ensuring there are no loose ends will provide peace of mind for both the biological parents and the adopting parents. Pride Legal specializes in providing skilled and experienced representation to the special needs of the gay community as well as the community at large. Our network of member attorneys provide services in and around Los Angeles, San Diego and Orange County and throughout Southern California and the rest of the state. LGBTQ lawyer at Pride Legal today!

Pride Legal: Law at Your Command

To get connected with an attorney call Pride Legal today

888-789-PRIDE
(7743)

Share This