California Stepparent Adoption Petition and Decree Filing Packet

CALIFORNIA STEPPARENT ADOPTION — PETITION AND DECREE FILING PACKET

PART 1 — PRE-PETITION ELIGIBILITY AND CONSENT CHECKLIST

Adopting Stepparent: [________________________________]
Spouse / Registered Domestic Partner (Custodial Birth Parent): [________________________________]
Date of Marriage / RDP Registration: [__/__/____]
Child to be Adopted: [________________________________]
Child's Date of Birth: [__/__/____]
County of Filing (Superior Court of California, County of): [________________________________]

Eligibility Checklist (Cal. Fam. Code § 9000)

☐ Adopting stepparent is married to or in a state-registered domestic partnership with one of the child's birth/legal parents.
☐ Marriage / RDP certificate is attached as Exhibit A.
☐ Adopting stepparent is at least 10 years older than the child OR the court has approved a lesser age difference (Fam. Code § 8601).
☐ Child currently resides with the petitioning stepparent and custodial birth parent.
☐ Petitioner has investigated the application of the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq.; ICWA-010(A) and ICWA-020 have been completed.

Consent Checklist (Cal. Fam. Code §§ 8602, 8604, 9003)

☐ Consent of custodial birth parent (spouse/RDP of petitioner) on form ADOPT-200 / ADOPT-206.
☐ Consent of non-custodial birth parent on ADOPT-200 / ADOPT-206 (signed before social worker/notary as required by Fam. Code § 8814).
☐ If non-custodial parent will NOT consent, ground for dispensing with consent identified below:
☐ Abandonment / failure to communicate or support for one year (Fam. Code § 8604(b))
☐ Willful failure to communicate or pay support after notice (Fam. Code § 7822)
☐ Termination of parental rights in prior juvenile dependency proceeding
☐ Death of non-custodial parent (death certificate attached)
☐ Non-custodial parent's parental rights previously terminated
☐ Alleged parent is not a "presumed parent" under Fam. Code § 7611 (consent not required)
☐ Consent of child age 12 or older obtained on form ADOPT-200 / ADOPT-210 (Fam. Code § 8602).
☐ ICWA inquiry completed and noticed if child may be an Indian child.

Investigation / Home Study (Cal. Fam. Code § 9001)

A full pre-placement home study is NOT required in a California stepparent adoption unless ordered by the court. The court MUST review and consider a written investigative report. Petitioner elects (check one):

☐ Investigation by County [________________________________] probation officer / court investigator / county welfare department, with the statutory investigation fee paid pursuant to Fam. Code § 9002.
☐ Investigation by licensed clinical social worker / LMFT / LPCC / licensed private adoption agency at petitioner's expense:
Investigator Name: [________________________________]
License No.: [____________________]

PART 2 — PETITION FOR STEPPARENT ADOPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [________________________________]

Case No.: [____________________]
PETITION FOR STEPPARENT ADOPTION
(Cal. Fam. Code §§ 8600 et seq., 9000 et seq.)

Petitioners allege:

1. Petitioners. Petitioner [STEPPARENT NAME] ("Adopting Stepparent") is an adult resident of [COUNTY] County, California. Petitioner [BIRTH PARENT NAME] ("Custodial Birth Parent") is the legal parent of the adoptee and the spouse / registered domestic partner of the Adopting Stepparent. The marriage / domestic partnership was solemnized / registered on [__/__/____] and remains in full force.

2. Adoptee. The child to be adopted is [CHILD'S NAME], born [__/__/____] in [CITY, STATE/COUNTRY], biological gender [____]. A certified copy of the birth certificate is attached as Exhibit B.

3. Residence and Custody. The child has resided continuously with Petitioners at [________________________________] since [__/__/____].

4. Age Difference. The Adopting Stepparent is more than ten (10) years older than the adoptee. ☐ If less, request for waiver under Fam. Code § 8601 is included as Exhibit C.

5. Other Birth/Legal Parent. The non-custodial biological/legal parent is:
   Name: [________________________________]
   Last Known Address: [________________________________]
   Relationship to Adoptee: [________________________________]

6. Consent or Grounds for Dispensing with Consent. Consent of the non-custodial parent ☐ HAS BEEN obtained (Exhibit D) ☐ WILL BE obtained ☐ Is NOT required because: [________________________________].

7. Consent of Child. The adoptee ☐ is under age 12 (consent not required) ☐ is age 12 or older and consents (Exhibit E, Fam. Code § 8602).

8. Indian Child Welfare Act. Petitioners have inquired whether the adoptee is or may be an Indian child as defined by 25 U.S.C. § 1903. ICWA-010(A) is filed concurrently. The adoptee ☐ IS NOT ☐ MAY BE an Indian child; if applicable, notice under 25 U.S.C. § 1912 will be served.

9. Best Interest. Adoption by the stepparent is in the best interest of the child. The Adopting Stepparent intends to assume full parental rights and responsibilities, including support, custody, and inheritance.

10. Confirmation of Parentage (Optional). ☐ Petitioners are married/RDP-registered birth parents under Fam. Code § 9000.5 and have completed ADOPT-205 confirming parentage of the Adopting Stepparent.

WHEREFORE, Petitioners pray for an order:
(a) Granting adoption of [CHILD'S NAME] by [STEPPARENT NAME];
(b) Declaring the legal parent-child relationship between the adoptee and [STEPPARENT NAME];
(c) Terminating the parental rights of the non-custodial birth parent (if not previously terminated);
(d) Changing the child's name to [________________________________] (if requested);
(e) Directing issuance of an amended California birth certificate (VS-44);
(f) Awarding such other relief as the court deems just.

Dated: [__/__/____] Signed: [________________________________] Adopting Stepparent
Dated: [__/__/____] Signed: [________________________________] Custodial Birth Parent

VERIFICATION (Cal. Code Civ. Proc. § 446): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at [CITY], California, on [__/__/____].

Signed: [________________________________]

PART 3 — CONSENT OF CUSTODIAL BIRTH PARENT

I, [________________________________], am the biological/legal parent of [CHILD'S NAME], born [__/__/____]. I am married to / in a registered domestic partnership with [STEPPARENT NAME]. I freely and voluntarily consent to the adoption of my child by my spouse/RDP. I understand my parental rights are NOT terminated by this adoption and that I will continue as a legal parent of the child.

Dated: [__/__/____] Signed: [________________________________]

Acknowledgment before notary or court clerk:
State of California, County of [____________________]
Subscribed and sworn before me on [__/__/____] by [________________________________].
Notary / Clerk: [________________________________]

PART 4 — CONSENT OF NON-CUSTODIAL BIRTH PARENT (Cal. Fam. Code §§ 8604, 8814)

I, [________________________________], am the biological/legal parent of [CHILD'S NAME], born [__/__/____]. I freely and voluntarily consent to the adoption of my child by [STEPPARENT NAME]. I understand and acknowledge:

☐ My parental rights and responsibilities will be permanently terminated upon entry of the Decree of Adoption.
☐ I will no longer be entitled to custody, visitation, or notice of future proceedings.
☐ My obligation to pay future child support will end as of the date of the Decree.
☐ The child will no longer inherit from me by intestate succession.
☐ I have been advised of my right to consult independent counsel.
☐ I sign this consent in the presence of a court-designated social worker, notary, or court clerk as required by California law.

Dated: [__/__/____] Signed: [________________________________]

Witness (Social Worker / Notary): [________________________________]
Title / License No.: [____________________] Date: [__/__/____]

PART 5 — CONSENT OF CHILD (Cal. Fam. Code § 8602)

(Required if child is age 12 or older)

I, [CHILD'S NAME], born [__/__/____], am the proposed adoptee. I am [____] years of age. I have read this petition and I freely and voluntarily consent to my adoption by [STEPPARENT NAME].

I understand that after the adoption:
☐ [STEPPARENT NAME] will be my legal parent with all rights and responsibilities of parenthood.
☐ My non-custodial biological parent ([________________________________]) will no longer be my legal parent.
☐ My name ☐ will remain ☐ will change to [________________________________].

Dated: [__/__/____] Signed: [________________________________]

Acknowledged before:
☐ Court Investigator ☐ Probation Officer ☐ Judge of the Superior Court
[________________________________] Date: [__/__/____]

PART 6 — PETITION TO TERMINATE PARENTAL RIGHTS OF NON-CONSENTING PARENT (Cal. Fam. Code §§ 7822, 8604(b))

Petitioners allege the following ground(s) for declaring the child free from parental custody and control of [NON-CUSTODIAL PARENT NAME]:

☐ Abandonment — Fam. Code § 7822. For more than one (1) year immediately preceding the filing of this petition, the non-custodial parent has willfully failed to communicate with or pay support for the child, intending to abandon the child. Specific facts:
[____________________________________________________________]
[____________________________________________________________]

☐ Failure to communicate / support after notice — Fam. Code § 8604(c). Following written notice, the non-custodial parent has, for a period of one (1) year, willfully failed to communicate with and pay for the care, support, and education of the child when able to do so.

☐ Other ground: [________________________________]

WHEREFORE, Petitioners pray for an order declaring the child free from the parental custody and control of [NON-CUSTODIAL PARENT NAME] and dispensing with the requirement of consent under Fam. Code § 8604(b).

Dated: [__/__/____] Signed: [________________________________]

PART 7 — REQUEST CONCERNING HOME STUDY / INVESTIGATIVE REPORT (Cal. Fam. Code § 9001)

Petitioners acknowledge that a full home study is NOT required in a stepparent adoption unless ordered by the court. Petitioners request:

☐ That the court NOT order a home study under Fam. Code § 9001(a).
☐ That the investigation and written report be conducted by [check one]:
☐ County probation / court investigator / county welfare department
☐ Licensed clinical social worker — [________________________________]
☐ Licensed marriage and family therapist — [________________________________]
☐ Licensed professional clinical counselor — [________________________________]
☐ Private licensed adoption agency — [________________________________]

Petitioners agree to cooperate with all interviews, document requests, and background checks. The required investigation fee is ☐ paid to the court ☐ paid directly to the licensed investigator.

Dated: [__/__/____] Signed: [________________________________]

PART 8 — AUTHORIZATION FOR BACKGROUND AND CHILD ABUSE REGISTRY CHECKS

I, [STEPPARENT NAME], authorize the California Department of Justice, FBI, and the Child Abuse Central Index (CACI, Pen. Code § 11170) to release to the assigned investigator the results of:

☐ DOJ Live Scan fingerprint check
☐ FBI criminal history check
☐ Child Abuse Central Index search
☐ Other state child abuse registry checks for the prior five years (states resided): [________________________________]

I certify that I am not currently barred from custody of children under California law.

Dated: [__/__/____] Signed: [________________________________]
Date of Birth: [__/__/____] CA Driver License: [____________________]

PART 9 — INDIAN CHILD WELFARE ACT INQUIRY (25 U.S.C. § 1901 et seq.; Cal. Welf. & Inst. Code § 224 et seq.)

Petitioners and the custodial birth parent have made inquiry of all known parents, custodians, and relatives. The adoptee:

☐ Is NOT an Indian child to the best of Petitioners' knowledge.
☐ IS or MAY BE an Indian child. Tribe(s): [________________________________]. Notice under 25 U.S.C. § 1912 will be served on the tribe, the parents, and the Bureau of Indian Affairs.

Form ICWA-010(A) and ICWA-020 are filed concurrently.

Dated: [__/__/____] Signed: [________________________________]

PART 10 — DECREE OF ADOPTION (Proposed)

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF [________________________________]

Case No.: [____________________]
DECREE OF STEPPARENT ADOPTION

The petition for stepparent adoption having come on regularly for hearing on [__/__/____] before the Honorable [________________________________], with [STEPPARENT NAME], [BIRTH PARENT NAME], and the adoptee personally present; the court having reviewed the investigative report filed [__/__/____] pursuant to Fam. Code § 9001; and having considered all consents and evidence;

THE COURT FINDS:

1. The court has jurisdiction over the parties and subject matter.
2. All necessary consents (or dispensations) have been obtained.
3. The Indian Child Welfare Act ☐ does not apply ☐ has been complied with.
4. The adoption is in the best interest of the child.
5. The petitioner is fit and able to perform the duties of parent.

IT IS ORDERED, ADJUDGED, AND DECREED:

1. The petition is GRANTED.
2. From this day forward, [CHILD'S NAME] shall be the legal child of [STEPPARENT NAME] with all rights, duties, and obligations of a natural parent-child relationship pursuant to Cal. Fam. Code § 8616.
3. The parental rights and duties of [NON-CUSTODIAL BIRTH PARENT NAME] are TERMINATED (if not previously terminated).
4. The child's name shall be changed to [________________________________] (if requested).
5. The Clerk shall transmit a certified copy of this Decree to the California Department of Public Health, Office of Vital Records, with form VS-44 for issuance of an amended birth certificate.

Dated: [__/__/____] _____________________________________
Judge of the Superior Court

PART 11 — PETITION / APPLICATION TO AMEND BIRTH CERTIFICATE (VS-44)

Petitioners request that, upon entry of the Decree of Adoption, a new California birth certificate be issued listing:

Adoptee's New Legal Name: [________________________________]
New Parent #1: [________________________________] DOB: [__/__/____] Birthplace: [________________________________]
New Parent #2 (Adopting Stepparent): [________________________________] DOB: [__/__/____] Birthplace: [________________________________]
City of Birth (as on original): [________________________________]
County of Birth: [________________________________]

The Clerk of the Court is requested to transmit a certified copy of the Decree, completed VS-44 Court Report of Adoption, and the applicable fee to the California Department of Public Health, Office of Vital Records, MS 5103, P.O. Box 997410, Sacramento, CA 95899-7410.

Dated: [__/__/____] Signed: [________________________________]

PART 12 — EXHIBIT INDEX

SOURCES AND REFERENCES

• California Family Code §§ 8600–8622, 9000–9007, 7611, 7820–7829
• California Rules of Court, rule 5.730
• Judicial Council of California — Adoption Forms: https://www.courts.ca.gov/forms.htm (ADOPT-200, ADOPT-205, ADOPT-210, ADOPT-215, ADOPT-220, ADOPT-230, ADOPT-310, ICWA-010(A), ICWA-020)
• California Department of Public Health Form VS-44 (Court Report of Adoption)
• Indian Child Welfare Act, 25 U.S.C. §§ 1901–1963; Cal. Welf. & Inst. Code §§ 224–224.6

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Stepparent adoption permanently terminates the legal rights of a biological parent. Consult a licensed California family law attorney before filing.