Adopting a child when you are the legal guardian
You may be a court-appointed legal guardian of a child you want to adopt. In this case, you may be able to use the independent adoption process.
Before you start
There are certain situations where you can file for adoption if you are a guardian. But there are some requirements based on how long you have been the guardian and how you became the guardian.
The rules and the adoption process can depend on many things, like if you're related to the child, how long you have been the guardian, how you became the guardian, and whether the child's parents consent (agree) to the adoption.
In a guardianship, the birth parent(s) retain their parental rights and can seek to dissolve the guardianship in certain situations. So both birth parents must be provided notice of the proposed adoption and an opportunity to consent to the adoption.
If you cannot reach or identify one of the birth parents, or if one of the birth parents does not consent, you will have additional steps to take. In some cases, the adoption cannot move forward without consent.
Prepare to adopt
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Determine who is going to conduct your home study
Every independent adoption situation requires a home study of the adoptive parents. A home study can be conducted by either:
If you need more information about what office or agency can conduct your home study, you can visit the State Department of Social Services website.
A state Department of Social Services (DSS) office or an agency will charge a fee (typically $4,500 total). They start the home study process after you have paid at least 50% of the fee. Once 50% is paid, they have 45 business days to interview you and 180 days to complete their entire home study process. Once 100% of the fee is paid, they will submit a full report to the court with their recommendation regarding the adoption.
When you call an office or agency about a home study, be sure to check that they conduct home studies and ask what the fee is. If you can’t afford the fee, ask them if the fee reduction process is available. If yes, you can use this form to try to reduce the fee. -
Get consent
Keep in mind also that both birth parents must consent to the adoption. If you cannot reach or identify one of the birth parents, or if one of the birth parents does not consent, you will have additional steps to take. In some cases, the adoption cannot move forward without consent.
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Complete and sign paperwork
You will sign several forms:
Adoption Request (form ADOPT-200)
The Adoption Request is sometimes called the Adoption Petition. Some of the items on this form relate to agency adoptions or other types of adoptions. Complete the sections that are relevant to you.
Indian Child Inquiry (ICWA-010(a))
If there is reason to believe that the child is eligible to be enrolled with a federally-recognized Native American tribe, there may be additional steps and different forms involved in the adoption process. You should try to find out this information ahead of time, then contact your court’s Self-Help Center if the child does or may have Native American heritage. They can help you with the required follow-up steps.
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Start the home study process
You will prepare a cover letter with your information, the child’s information, and the birth parent information. You will then send it along with the filed Adoption Request and other documents directly to the organization or person who will be doing your home study. This will start the home study process.
Send these forms and letter via overnight or some other way to track delivery and confirm who signed for the documents.
The home study provider will send you a receipt of the documentation and a list of items that you will need to complete and sign. There will also be a list of tasks to help the home study process.The home study process consists of many items:
- A visit to your home on at least 2 occasions (a few months apart)
- Medical checks for you as the adoptive parent(s)
- Fingerprints/background check
- Social background information
- Family histories
- Release of information forms
- Employment verifications
- Financial information
Independent adoption
What's next?
If you still need to get consent from the birth parent(s), learn more about what your next steps are and what consent paperwork is required. Once you have the proper consent paperwork and your home study is complete, you can file your adoption request with the court.