Adopting a child who is a relative
If you want to adopt a child who is a relative, you may be able to use the independent adoption process.
Before you start
In most cases, you as the adoptive parent(s) must be at least 10 years older than the child. In certain cases, the court can make an exception. An exception can apply when you are a stepparent, sister, brother, aunt, uncle or first cousin (and their spouses).
Keep in mind that both birth parents must be advised of their rights in the adoption process. Both birth parents must also 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.
If you live out of state and the birth parent(s) are in California, you can have your home study done in your state. The California Department of Social Services or adoption agency will review and approve the home study. Portions of the home study will become part of the ICPC process.A state Department of Social Services (DSS) office or an agency will each 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 offer this service 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 that both birth parents must consent to the adoption in writing. 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.
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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
The child will need to have a medical check-up as well. If the child is a newborn, typically there are two required check-ups. The second one happens when the baby is 6 months.
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.