In California, as in most states, a stepparent relationship — formed by marrying a child’s biological parent — conveys no legal rights. The stepparent has no authority to make decisions or to act on the child’s behalf, even in an emergency or when the biological parent is unavailable. The stepparent has no right to shared custody or to visitation if he or she divorces the child’s parent. If you are a stepparent and want to be vested with any of these rights, you need to formally adopt the child.

However, since adoption of a stepchild in California requires termination of the other biological parent’s rights, you might be facing a contested proceeding.

Adoption of a stepchild follows the standard process for adoptions. The stepparent files an application with the court, providing background information concerning the applicant, the child and other members of the household. Also included are details concerning the biological parent or guardian who may have rights over the child. A notice of the adoption proceeding is served on those parties.

After reviewing the application, the court authorizes and directs an investigation. This involves the participation of state agencies that have an interest in protecting the child’s well-being. The investigators interview all the parties and anyone else who might provide relevant information. Then they submit a report to the court, with a recommendation either for or against granting the adoption.

Next, the court holds hearings to consider the report and recommendation and to receive testimonial evidence from the parties or from others with a valid interest in the adoption case. At this point, the process can be delayed or complicated by the other biological parent raising objections to losing his or her parental rights. An adoption cannot be granted without voluntary or involuntary termination of those parental rights. The court will have to determine whether such termination is or is not in child’s best interests. In a case where the other biological parent has not responded to notice of the adoption proceeding, the stepparent seeking to adopt must take additional steps to locate the missing parent and to serve the termination petition. Courts do not favor terminating parental rights by default.

The court may also consider the child’s wishes. Judges are wary of the custodial biological parent and/or the stepparent possibly pressuring the child to consent to the adoption. A judge typically interviews the child in the absence of all other parties rather than in open court. In contested cases, the court may appoint an attorney to represent the child.

The family lawyers at Favaro, Lavezzo, Gill, Caretti & Heppell, PC assist hopeful adoptive parents throughout the North Bay region of California. We have offices in Fairfield and Vallejo. If you have an adoption matter, feel free to contact us online or call 707-674-6057 for a consultation.