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Relative Adoption in California

Caring for a child who is your relative
and becoming their legal parent

Relative adoption, sometimes called kinship adoption, allows a grandparent, aunt, uncle, cousin, sibling, or other close family member to become a child’s legal parent. Relative adoptions also enable foster parents who have lived with the child for more than six months to file an adoption request. If you are considering this path in California, our adoption law firm is here to guide you.

We handle the legal steps, coordinate home studies, prepare court filings, and will represent you at the finalization hearing through finalization in court. We also will ensure that a new birth certificate is issued listing you as the parents and listing the child’s new name should a name change be desired.

What Is Relative Adoption in California?

Relative adoption is the process that allows grandparents, aunts, uncles, cousins, siblings, or other close family members to adopt a relative who is a child. Relatives can adopt any age child from new born to children under 18. It offers full legal rights, such as permanent custody, decision-making, and inheritance, that a guardianship does not provide because it creates a permanent parent-child relationship. Once the child is adopted, you forever become the legal parent of the child and you and the child share all of the rights and duties of a natural parent and child relationship.

This kind of adoption is different from independent and adoption agency placements of non-relative children. The California Family Code streamlines adoptions for relatives. While adoptive parents who are related to the child they are adopting still need to obtain a home study to show they are safe and fit become parents, the home study process is significantly abbreviated.

Key Benefits for Families and Children

Legal Security - The child attains permanent parents and has all of the rights of a natural child.

Emotional Continuity - The child stays connected with familiar people and surroundings.

Stability - You already know the child's needs, history, and environment.

Full Decision Rights - You can make health, education, and legal decisions just as any other parent.

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Who Can Do Relative Adoption in California

Eligibility depends on your relationship to the child, age requirements, and California’s adoption rules.
Below are the most common criteria:

Relationship to the Child

Relative adoption is usually available to grandparents, aunts, uncles, stepparents, siblings, and cousins. California law favors family placement when possible. We review your family relationship to confirm eligibility under state law.

Age Difference Requirement

In most cases, the adoptive parent must be at least 10 years older than the child. Courts do allow exceptions for siblings who adopt their younger sibling. We help you determine if exceptions apply in your situation.

Home Study

A home study is required in adoptions, but for relatives, California law allows for a shortened or modified version. We coordinate with licensed evaluators and will assist you in meeting the home study requirements for a relative adoption.

Background Checks and References

Every adult in the home (18 or older) must complete fingerprinting and background clearances. Interviews with family members and references are also common. Prospective adoptive parents in a relative adoption must show sufficient financial stability to support the child, and that they can effectively parent the child. We guide you through the process so it’s completed accurately and without delays.

Consent or Termination of Parental Rights

The child’s biological parents must either provide written consent or have their rights legally terminated by the court. In cases in which the biological parents do not agree to sign consents, termination of parental rights is often achieved by filing an abandonment petition. An abandonment petition is appropriate where a parent fails to provide child support or visit with the child for a period of 6 months if left with others or 12 months if the child was left with the other parent. We prepare and file all necessary documents, represent you in hearings, and ensure this step is handled correctly.

Child’s Consent

In California, if the child is 12 years or older, they must also consent to the adoption. This ensures the process respects the child’s voice and best interests.

How Relative Adoption Works in California

Here is a step-by-step framework of what to expect and how we support you at each stage:

Step 1: Initial Consultation & Case Evaluation

We review your family relationship, living arrangement, and the child’s background. We clarify whether adoption, guardianship, or a hybrid path makes sense for you.

Step 2: Home Study & Evaluation

A social worker or licensed evaluator assesses your home, your background, and your readiness. In realtive adoptions, a modified or abbreviated home study is permitted.

Step 3: File the Adoption Petition

We prepare and file legal documents with the California Superior Court in the county where the child currently resides or where you reside. This petition initiates the adoption proceeding and will result in a case number being assigned.

Step 4: Consent or Termination Proceedings

If the biological parents consent, we will arrange for a social worker to meet with the birth parents to sign consents. If not, or if rights must be terminated, we file a Petition with the court pursuant to the California Family Code.

Step 5: Post-Placement Monitoring

During the pending adoption with the court, a social worker will supervise the case and report to the court about the child’s welfare and stability.

Step 6: Finalization Hearing & Decree

We represent you at the hearing. You and the child will appear before the court. Once approved, the court issues a final adoption order and orders vital records to issue a new birth certificate listing you as the parent. You also have the option of changing the name of the child should it be desired.

From start to finish, the timeline usually spans 6 to 12 months, with variations depending on local court calendars, home study delays, and the complexity of consent or termination.

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Happy young mother with adopted daughter making heart sign

Legal Considerations & California Rules

1. Timing of consent

For newborn relative adoptions, a birth mother cannot sign adoption consent paperwork until after the child is born and the birth mother is discharged from the hospital. Birth fathers can sign waivers prior to the birth or consents after the birth.

2. Revocation period

Once the adoption consent is signed, it becomes irrevocable 30 days later. However, a birth parent can sign a documents called a Waiver of Right to Revoke that makes the adoption consent irrevocable at 5:00 p.m. the next business day from the signing.

3. Permissible adoption-related expenses

Payments for medical costs, legal services, counseling, and living expenses are allowed but must follow strict state rules and be properly documented by the adoption attorney.

When Relative Adoption Might Be Right for You

Relative adoption can be the right path when:

  • You already care for the child and seek permanent security
  • Guardianship lacks full rights and protection
  • You want full authority over the child’s future (education, health, inheritance)
  • You want to formalize your deep existing parent-child bond legally

If you are weighing other options like guardianship, we will help you compare them and explain the pros and cons.

Why Work with Us

Why Choose Our Law Firm

  • Proven Experience in Relative Adoptions
    Our team has extensive experience handling relative and stepparent adoptions across California, ensuring every case is managed with care and precision.
  • Seamless Coordination
    We work directly with licensed social workers to arrange home studies and evaluations, streamlining the process for families.
  • Ethical and Effective Advocacy
    We guide families through consent, notice, and termination proceedings with compassion and integrity, protecting everyone’s rights at every stage.
  • Court Representation from Start to Finish
    Our attorneys personally represent you at all hearings, including the finalization of your adoption.
  • 24/7 Guidance and Support
    We understand adoption is emotional and time-sensitive. Our team is available around the clock to answer your questions and provide guidance whenever you need it.

FAQs About Relative Adoption in California

What is relative adoption in California?

Relative adoption is when a grandparent, sibling, aunt, uncle, stepparent, or another close family member adopts a child. It gives the adoptive parent full legal rights and responsibilities, unlike guardianship, which is more limited.

Who qualifies for relative adoption in California?

Most close relatives qualify, including grandparents, siblings, stepparents, aunts, uncles, cousins. California law also requires background checks in the form of an abbreviated home study.

Do I need a home study for a relative adoption?

Yes, but the process is shorter or modified for relatives. Courts still require background checks, and interviews to ensure the child’s best interest.

How long does a relative adoption take in California?

The process can take about 6 to 12 months, depending on the court’s schedule, whether parental consent is obtained quickly, and how long it takes to complete the home study and post-placement reports.

Do the child’s biological parents have to consent?

Yes, unless the court finds a legal reason to terminate their rights. Consent must be given after the child is born, and once the revocation period runs, it is binding.

Can a birth parent change their mind after signing the consent?

In California, once a parent has voluntarily signed consent for adoption and the revocation period has run, it is final unless there is evidence of fraud or coercion.

What is the difference between guardianship and relative adoption?

Guardianship allows you to care for the child but does not give full parental rights. In a guardianship, parental rights are suspended but not terminated and guardianships can be dissolved based on changed circumstances. Adoption makes you the child’s permanent legal parent with all the same rights as if the child were born to you. Adoptions terminate the parental sighs of the biological parents.

Will the child’s birth certificate change after adoption?

Yes. After the adoption is finalized, the court orders Vital Records to issues a new birth certificate showing you as the child’s legal parent. You also can change the child’s name if you choose.

Do I have to live in California to adopt a relative here?

No. Out-of-state relatives may adopt a child from California
Couple with adopted baby

Next Steps

If you’re a relative in California exploring adoption, contact us for a free case evaluation. We’ll:

  1. Help you understand your rights
  2. Review whether adoption fits your situation
  3. Map out a timeline and steps tailored to your county
  4. Provide you with clear flat fees for the legal work and required third-parties so you know exactly how much your case will cost from start to finish

Note: This page is for informational purposes only and not legal advice. Adoption laws may change and vary by case; consult with an attorney for specifics.

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