Stepparent Adoption
What is Stepparent Adoption?
A Stepparent Adoption is when the spouse of a child's custodial parent adopts that child. It is the policy of the Social Services Agency that the parent and stepparent be married for at least one year prior to the adoption.”
The stepparent and custodial parent will fill out court forms. There will be a hearing in Court. The child to be adopted, the natural parent who the child will live with, and the adopting stepparent must go to the hearing.
This page explains the steps you have to take for a stepparent adoption.
6 steps to complete a Stepparent Adoption:
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Complete the forms
Fill out an Information Sheet and Questionnaire. You can get this form from the Probate Clerk's Office at the Downtown Superior Court, or call Social Services at:
(408) 501-6487
Fill out these Judicial Council forms:
You can download the forms you need from the forms page of the Judicial Council website.
Tip: Use the dropdown box on the state forms page to choose “Adoption.” Then, click the “See forms” button.
Or, buy them from a bookstore or stationery store. (Check the Yellow Pages under Legal Documents.)
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Get consent
Get consent from the biological parent who is giving up custody of the child. You can get the consent forms from the Stepparent Adoption Investigator at Social Services:
(408) 501-6487If the other parent doesn’t want to sign a consent form, file a Petition to end their parental rights.
If that parent is the mother or a Presumed Father, file an Abandonment Petition Freeing the Child From Parental Custody and Control.
If the other parent is an Alleged Father, file a Termination Petition Terminating the Parental Rights of Alleged Father.
To learn how to fill out these forms, read How to Adopt your Stepchild in California. You can find these forms at bookstores, stationery stores and printers.
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Mailing to Social Services
Mail your completed Information Sheet and Questionnaire and a check for $200 to:
Separate Administrative Functions
Social Services Agency
Court Investigator, KIN1
591 N. King Road
San Jose, CA 95133Contact: Sabrena Stice, Phone (408) 501-6487
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DCSS home visit and investigation
The Department of Social Services will contact you to schedule a home visit. In a few months, the Department will do an investigation. They will interview the child, so be sure to explain to the child that you are trying to adopt him/her.
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Before the hearing
When you get your file-stamped copy of the Stepparent Adoption report, call the Calendar Clerk at the Probate Department to schedule your adoption hearing. (Click for Probate section of Court Telephone Numbers web page
If you can’t locate the other parent and he is a presumed father, you must publish the notice in a newspaper. Talk to a lawyer for help with this process. You can find a lawyer from the membership list of the Silicon Valley Bar Association’s website . You can also get a referral to a lawyer from the Santa Clara County Bar Association . Their phone number is 669-302-7803.
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The hearing
The stepparent, the custodial parent and the child must go to the Adoption Hearing. Get to Court 20 minutes early and let the clerk know you are there.
If you didn’t already file these forms, bring the originals and 2 copies of your forms to your hearing:
If the other parent did not sign a Consent form, talk to a lawyer for help with this process.
What do I do after the hearing?
Go to the Probate Department at the Downtown Superior Court to file your papers. You can get certified copies of the Order of Adoption for free. Just ask the clerk.