Start your research with this quick-reference, and confirm any updates with your local representation.
More in depth information is provided on our Adoption Laws By State page.
Our use of the terms “putting up” or “giving up” does not reflect how we feel about adoptive placement. These terms remain the most widely used search terms for those who are considering adoption for their baby, and we wish to reach all who seek this important information.
Whether you are looking to adopt, looking to place your child for adoption, or searching for information about home studies and where to begin the process, the following information will be your guide to all things adoption in California.
As a resident of California who is considering newborn adoption, you have many options. If you are a prospective Birth Mother or hopeful Adoptive Parent, the following page provides information about adoption in California.
If you are considering placing your baby for adoption, understanding how the adoption process works as well as knowing your rights may relieve some of your worry. Here are a few things to know when thinking about adoption for your baby in California:
Consent for adoption in California is required by the following:
In California, a minor is emancipated for the purpose of giving consent to adoption.
The consent of a presumed father is not required for the child’s adoption in California unless he became a presumed father before the mother’s relinquishment, before consent becomes irrevocable, or before the mother’s parental rights have been terminated.
The consent of a birth parent is not necessary when he or she has:
For direct placements, a Birth Mother can give consent after the child is born and she is discharged from the hospital. Consent must take place in the presence of an Adoption Service Provider or other delegated agent who has advised the parents of their rights. For adoptions through an agency, Birth Parents can give consent any time after the child is born. The adoption consent form must be signed before two witnesses and acknowledged by an official of the agency.
Consent to adoption given by an Indian child’s parent is not valid unless both of the following occur:
In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request the return of the child or to sign a waiver of the right to revoke consent.
In an agency adoption, consent is final and may only be rescinded by mutual consent unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.
After the final adoption of an Indian child, the child’s parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree; however, parental consent can only be revoked up to two years after the adoption was finalized.
In California, parental rights are given to the presumed father of the child if:
The following reasons are grounds for termination of a Birth Father or Mothers parental rights:
Pregnancy Resource Centers, sometimes also called “Crisis Pregnancy Centers” are usually not-for-profit clinics where expectant parents may seek assistance to confirm a pregnancy and review and discuss available options. Most Pregnancy Resource Centers are not staffed by medical personnel, and do not distribute contraceptives. Many are affiliated with pro-life organizations, so encourage parenting or adoption, however not all have religious affiliation. Our city pages provide information for Pregnancy Resource Centers throughout California: (Anaheim, Bakersfield, Chula Vista,Fontana, Fremont, Fresno, Irvine, Los Angeles, Modesto, Moreno Valley, Oxnard, Riverside, Sacramento, San Diego,San Francisco, San Jose, Santa Ana, Stockton).
Clinics are staffed by medical personnel and can address most aspects of prenatal care and family planning. They are able to perform STD and cancer screenings (pap smears, and sometimes mammograms), and can prescribe and distribute contraceptives. Clinics in California that provide prenatal care are listed on our city pages: (Anaheim,Bakersfield, Chula Vista, Fontana, Fremont, Fresno, Irvine, Los Angeles, Modesto, Moreno Valley, Oxnard, Riverside,Sacramento, San Diego, San Francisco, San Jose, Santa Ana, Stockton).
In addition, information about prenatal care through Medicaid that is available in California to women with limited financial resources may be found at California’s MediCal Access Program.
Adoptive parents and expectant mothers should create a hospital plan to ensure that the desires and rights of all parties are respected. You will work with your adoption professional and your delivery hospital to ensure that everything goes smoothly. Hospitals in California with Birthing Centers or that have maternity services are provided on our city pages: (Anaheim, Bakersfield, Chula Vista, Fontana, Fremont, Fresno, Irvine, Los Angeles, Modesto, Moreno Valley, Oxnard,Riverside, Sacramento, San Diego, San Francisco, San Jose, Santa Ana, Stockton).
For those in California who wish to adopt a baby, below you will find home study agency resources and helpful information to assist you with the adoption process.
To get started on your adoption journey, it is important to understand some of the fundamental aspects and frequently asked questions about the process. Here are a few things to know when considering adoption in California:
In California, a child may be legally adopted by an adult who is at least 10 years older than the child. If the adoptive parent is a sibling, stepparent, aunt or uncle, first cousin, or another family member who is married and looking to adopt jointly, an exception may be made. Same sex couples may petition for joint adoption in this state as well.
Expenses related to adoption in California range widely depending on the type of adoption you decide to pursue. Are you looking to adopt internationally or domestically? Through a private agency or the foster care system? Depending on what you decide, Adoptive Parents may be asked to cover Birth Mother expenses such as:
All Birth Mother expenses must be approved by a California court. Payment of Birth Mother assistance should not go beyond the necessary medical and living expenses accumulated during the adoption process.
All foster parents in California are required to obtain a license before they can legally foster a child. To obtain a license, you and your family will be interviewed and your home will be visited to ensure the safety requirements enforced by California law. A social service worker will help with this evaluation and assist in determining the placement of a child into your home.
California residents may finalize an intercountry adoption or a readoption through court action; the process requires the involvement of a licensed adoption agency.
In California, adopting a child internationally is permitted as long as the child is from a Hague Convention country. The Hague Convention is an international agreement put in place to safeguard intercountry adoptions.
Rights to enter the U.S. are not granted automatically with foreign adoption, so Adoptive Parents in California may have to go through a readoption process required by the Department of Homeland Security. Readoption is when the foreign adoption is reviewed and legitimized in a state court and the process usually includes:
After finalizing the readoption, the child will be issued a Court Order Delayed Registration of Birth. This document has the same status as a Certificate of Live Birth, will bear the child’s new legal name, and the adoptive parents are listed as the child’s parents.
An adoption facilitator specializes in matching prospective Adoptive Families with expectant mothers; however, they may unlicensed and unregulated.
The law in California allows Adoptive Families to work with adoption facilitator that meet the qualifications set out by the California Department of Social Services, and are registered with that department.
It is important to remember that facilitators only help with the advertising and matching of their clients. Once a Prospective Adoptive Family and Birth Mother have been matched, the facilitator will refer their clients to adoption professionals who will then help with the remaining process
Click here to read about the difference between adoption agencies, attorneys, and facilitators.
As is the case throughout the United States, prospective adoptive families living in California are required to complete a home study before beginning the adoption process and also undergo post-placement assessment once a baby is placed in their home. The home study process confirms that the home will be a safe and stable environment for an adoptive placement.
In California, the home study is conducted by a social worker who works with a licensed child-placing agency. A criminal records check is required for prospective adoptive parents and all those living in the home. A person will not be approved as an adoptive parent if he or she or an adult residing in the adoptive parent’s home has a felony conviction for any of the following offenses or their equivalents:
Each home study report shall include an assessment of the adoptive applicants on the following:
Any out-of-home placement of a child outside of the state is subject to the provisions of the Interstate Compact on the Placement of Children.
After a child has been placed in a home, a six-month post placement study will take place to ensure the child is adjusting well before the adoption is finalized.
In California, the post placement study consists of an in-home interview with the Adoptive Parent and Child, and up to three visits either in or outside of the home. During the post placement period, social workers can provide resources and recommend services to the Adoptive Family in order to meet the needs of the child and provide family support.
California is home to some amazing adoption professionals who are ready to get your journey started, and Adoption Network Law Center is a leader in this field. Whether you are seeking resources to place your child for adoption or are interested in adopting a baby, Adoption Network Law Center works with highly qualified adoption agencies to assist with home studies as well as the legal pathway to complete your adoption journey in California:
Every adoption is unique and many adoptions will transcend state boundaries requiring local representation. Adoption Network Law Center works with skilled and experienced professionals to handle all of the legal aspects of your adoption, and providing quality adoption services to prospective Birth Mothers and Adoptive Parents nationwide. Adoption requires significant coordination between the attorney, the home study agency and a licensed adoption agency. Adoption Network Law Center provides access to all necessary adoption services that will coordinate the accomplishment of your California adoption plan.
If your adoption journey leads you to the beautiful west coast, be sure to visit some of California’s most treasured hot spots:
Disneyland and Disney’s California Adventure in Anaheim
Walk of Fame and Universal Studios in Hollywood
San Diego Zoo and San Diego Safari Park in San Diego
Fisherman’s Wharf and Golden Gate Bridge in San Francisco
We appreciate the time that you have taken to read about adoption in California. Adoption Network Law Center is available to answer any questions you may have about the adoption process. Call 1-866-602-9541 to speak with one of our amazing team members or visit https://adoptionnetwork.com/ to read more about our services.
Speak with a Specialist 1-800-367-2367