Before you start
You can use the steps and processes below if you need consent because:
- You are a relative filing for adoption for a child
- You are the legal guardian of a child you wish to adopt
- One birth parent is "placing" a child with you
Obtain consent
-
Figure out the status of the birth parent
Your option for getting consent will be different depending on the relationship of the birth parent to the child. In legal terms, a parent can be a presumed parent (mother or father) or an alleged or biological father.
A presumed mother is the person who gave birth to the child. The birth mother is always considered a presumed parent.
A presumed father usually had a significant relationship with the mother during the pregnancy and may continue to have a relationship with the child. He might not be the biological parent of the child, but he is someone who helped raise the child for a period of time and who the child recognizes as their parent.
If a person is a presumed father, one or more of the following are usually true:
- He is now or was once married to the child's birth mother
- His name is on the child's birth certificate
- He lived with the child at one time (brought the child into his home)
- He has held himself out to the public as a parent to the child
- He may have provided support to the mother during her pregnancy and afterward
- He has done everything in his power to raise the child and provide for the child
An alleged father is any person identified by the mother (or another person) as a possible father of the child, including a person who says that he is or could be the father of the child. He has not done any of the things that would make someone a presumed parent, such as provide for the child or appear on the child's birth certificate.
A biological father is someone who had a DNA test that proves he is biologically related to the child. A biological father may need to go to court to raise his status to a presumed father.
The status of the birth parent determines their legal rights. These rights will affect how you proceed with the adoption process and how the court will decide what's in the child's best interest.
-
Identify your situation and next steps
The steps you’ll need to take depend on your situation. Select your situation to understand your next steps and options.
Consent situations
Get help from your court’s Self-Help Center or talk to a lawyer if you’re in this situation and you have questions or concerns.
The birth parent can sign a consent form
If the child’s birth parent agrees to the adoption, they can sign the necessary consent form.
The birth father can sign a waiver
Sometimes the child’s presumed or alleged/biological father does not object to the adoption but does not want to be involved in the process or receive any court papers. In this situation, you can move forward if they agree to give up (waive) their right to any involvement in the process. If they sign the Waiver of Right to Further Notice, the adoption will most likely go forward without further input from this birth parent and without giving this birth parent any further notice of hearings or other court matters.
The birth father can deny paternity
The presumed or alleged/biological father can sign a denial of paternity form. By signing the form, the person is denying he is the father of this child and allowing the court to terminate any parental rights or responsibilities they may have without any further notice.
- Form for an alleged father who denies paternity
- Form for presumed father who denies paternity and who resides in or outside of California
- Form for a presumed father who denies paternity and who is currently in the armed forces
Text After
You may not have any information to help you identify the biological father of the child. In this situation, before moving forward, you must document for the court everything you’ve done to identify the child’s father, find him, and provide notice.
The birth mother will be asked information about who she believes could possibly be the birth father. She will complete a Declaration of Birth Parent form. This form asks about the possible identity of any man who could be the father. The person conducting your home study or you can provide this form. It is used to provide information to the court.
This Declaration is signed under penalty of perjury which means that it is treated the same way as testifying under oath in a court of law. The birth parent must be truthful and accurate.
Get help from your court’s Self-Help Center or talk to a lawyer if you’re in this situation since the process can be complicated.
You may know who the birth parent is, but you do not know where they are and have no way of contacting them. In this situation, before moving forward, you must try to find them and document all efforts to locate them. The information you give the court must be truth and accurate.
Get help from your court’s Self-Help Center or talk to a lawyer if you’re in this situation since the process can be complicated.
Sometimes the alleged father does not consent to the adoption and properly signs a Refusal to Give Parental Consent to Adoption form. In this situation, even though the alleged father signs this form, it may not stop the adoption.
The alleged father must immediately file an action to determine his paternity and seek custody. The alleged father must then be properly served with a Notice of Alleged Paternity, unless you have given this notice previously. This provides the alleged father 30 days to file a paternity/custody action. Failure to file this action can result in termination of parental rights of the alleged father. This can allow the adoption to proceed.
If no objection is filed, you will next prepare an Application and Order Dispensing with Further Notice of Adoption Planning. This document will ultimately terminate parental rights and may prevent the alleged parent from successfully contesting the adoption in the future.
Get help from your court’s Self-Help Center or talk to a lawyer if you’re in this situation since the process can be very complicated.
Sometimes the presumed parent does not consent to the adoption and properly signs a Refusal to Give Parental Consent to Adoption form. In this situation, you can only move forward if you ask the court to Free the Child from Parental Custody and Control (or FFPCC for short). Grounds can include:
- Abandoning the child (either by not providing support or by not communicating with the child for over 1 year)
- Neglecting or cruelly treating the child
- Suffering from substance abuse or mental disability as defined by law
- A felony conviction which would make the parent unfit, as defined by law
This can be a very complicated process. The presumed parent can file an action for custody. They can also contest any of the actions you file. It's a good idea to talk to a lawyer who is experienced in these matters before you move forward. You can also get help from your court’s Self-Help Center.
Independent adoption
What's next?
Once you have the proper consent paperwork and your home study is complete, you can file your adoption request with the court.
- If you still need to fill out your request forms, go back to an overview and select your situation.
- If you have already filled out your adoption request, go to file your forms.