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How does the adoption process work in California?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

California recognizes several adoption pathways under Division 13 of the Family Code, each with distinct procedural requirements.

1. Types of Adoption

  • Agency adoption (§ 8700 et seq.) — through CDSS-licensed public or private agency.
  • Independent (private) adoption (§ 8801) — direct placement by birth parents.
  • Step-parent / domestic-partner adoption (§ 9000) — streamlined procedure.
  • Adult adoption (§ 9300).
  • Intercountry adoption (§ 8900) — Hague Convention compliant.

    • 2. Petitioner Eligibility

    Petitioner must be at least 10 years older than the child (§ 8601), with limited exceptions. Single, married, or registered domestic partners may adopt. There is no fixed residency period, but the court must have jurisdiction over the petitioner or child.

    3. Consent Requirements

    Birth-parent consent under § 8814 cannot be executed until after the child is discharged from the hospital. In an independent adoption, consent becomes irrevocable after 30 days unless a waiver of revocation is signed before a Department of Social Services representative (§ 8814.5), in which case it is immediately binding. Agency relinquishments under § 8700 are generally final upon filing.

    4. Home Study

    Required for all non-relative adoptions and conducted by a licensed adoption agency or the CDSS Adoption Services Bureau. Step-parent and domestic-partner adoptions usually receive a less invasive "Confidential Investigation" under § 9001 in lieu of a full home study.

    5. Termination of Parental Rights (TPR)

    Voluntary TPR occurs through relinquishment or consent. Involuntary TPR is governed by Fam. Code § 7820 et seq. (abandonment, neglect, parental incapacity). Interstate placements must comply with ICPC (Fam. Code § 7900). Native American children fall under ICWA, 25 U.S.C. § 1901 et seq.

    6. Finalization Hearing

    Held approximately 6 months after placement (§ 8612). The court signs the Adoption Order, and CDPH Vital Records issues a new birth certificate listing the adoptive parents.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Contested birth-father consent or putative-father registry dispute
    • Interstate placement requiring ICPC approval from two state offices
    • Possible ICWA application where the child has Native American heritage
    Related Statutes & Laws
    • Cal. Fam. Code § 8500
    • Cal. Fam. Code § 8814
    • Cal. Fam. Code § 8801
    • Cal. Fam. Code § 7900 (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.