Stepparent Adoption in California
Reviewed by DocDraft Legal Team - California - Last updated October 6, 2026
In California a stepparent or domestic partner asks the Superior Court of California to adopt a spouse's or partner's child by filing the Stepparent Adoption Request, Judicial Council form ADOPT-203, in a county allowed by Family Code 8609.5, such as the county where the petitioner or the child lives. The child's other birth parent normally has to consent in writing. Family Code 8604(b) lets a parent who has custody by court order or by agreement of both parents consent alone when the other parent, for one year, willfully failed to communicate with the child and to pay for the child's support when able to, but only after that parent is served with a citation to appear. Before ruling, the court must review a written investigative report under Family Code 9001, although a full home study is not required unless the court orders one. A child over the age of 12 must also consent under Family Code 8602.
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Can a stepparent adopt in California without the other parent's consent?
Sometimes. Under Family Code 8604(b), a parent who has custody by court order or by agreement of both parents may consent alone if the other parent, for one year, willfully failed both to communicate with the child and to pay for support when able. The other parent must first be served with a citation to appear.
Which court and which form are used for a stepparent adoption in California?
You file in the Superior Court of California, in a county allowed by Family Code 8609.5, such as where you or the child live. The form is the Stepparent Adoption Request, ADOPT-203. ADOPT-200 is not the stepparent form; it directs stepparents to ADOPT-203. The filing fee is $20.
Is a home study required for a stepparent adoption in California?
Usually not a full one. Family Code 9001 requires a written investigative report, but no home study unless the court orders it. If the child was born during your marriage or partnership and one of you gave birth to the child, Family Code 9000.5 also waives the investigation unless the court finds good cause to order it.
At what age must the child consent to a stepparent adoption in California?
Family Code 8602 says the consent of a child over the age of 12 years is necessary to the adoption. The court's self-help guide has the child sign if 12 years of age or older, so plan on a 12 year old signing too. The child signs the Adoption Agreement, form ADOPT-210, before the judge at the final hearing.
California's one year rule, the investigation, and form ADOPT-203
California stepparent adoptions are heard by the Superior Court of California in a county permitted by Family Code 8609.5, which includes the county where the petitioner lives and the county where the child was born or lives when the request is filed. The petition is the Stepparent Adoption Request, Judicial Council form ADOPT-203, and its caption names the petitioners but not the child, as Family Code 9000(c) requires. The other birth parent's written consent is the normal path. When it is missing, Family Code 8604(b) lets the parent who has custody by court order or by agreement of both parents consent alone if the other parent, for a period of one year, willfully failed to communicate with the child and to pay for the child's care and support when able to do so. California uses 'and' here, so a parent who kept up contact but paid nothing, or paid but never called, does not fit this route. Under 8604(c), one year of either failure is prima facie evidence that it was willful, and token efforts may be disregarded. Under 8604(b), the other parent must still be served with a citation to appear. A separate route, a petition to free the child from parental custody and control under Family Code 7822(a)(3), uses one year without support or without communication, with intent to abandon. Family Code 9001 requires a written investigative report but no home study unless ordered, and you can choose a court-appointed investigator, with a fee of up to $700 according to the California courts self-help guide, or pay a licensed clinical social worker, marriage and family therapist, professional clinical counselor, or private licensed adoption agency directly. A child over 12 must consent under Family Code 8602. Domestic partners use the same stepparent procedure under Family Code 9000(b).
Relevant Laws
California Family Code 8604 (Consent of birth parents; one year rule)
Requires the birth parents' consent, but lets the parent with custody by judicial order or by agreement of both parents consent alone when the other parent, for one year, willfully fails to communicate with and to pay for the care, support, and education of the child when able to do so. The other parent must first be served with a citation to appear. One year of either failure is prima facie evidence of willfulness, and token efforts may be disregarded.
California Family Code 7822 (Freedom from parental custody and control: abandonment)
Allows a proceeding to free a child from a parent's custody and control when one parent has left the child with the other parent for one year without any provision for support, or without communication, with intent to abandon. Failure to support or communicate is presumptive evidence of that intent. This is the route when a presumed parent will not consent.
California Family Code 9001 (Stepparent investigation and written report)
Requires the court to review a written investigative report before granting or denying a stepparent adoption request, without a home study unless the court orders one. The petitioner may elect a licensed clinical social worker, marriage and family therapist, professional clinical counselor, or private licensed adoption agency and pay that investigator directly instead of the court's investigation fee.
California Courts self-help: Stepparent adoption
The Judicial Council's step-by-step guide to California stepparent adoption, covering the other parent's status as presumed parent or alleged father, the Stepparent Adoption Request (ADOPT-203), the $20 filing fee, the investigation, the lodged ADOPT-210, ADOPT-215, and VS-44 forms, and the final hearing.
Regional Variances
California stepparent adoption requirements
Court
Superior Court of California, filed in a county permitted by Family Code 8609.5, including the county where the petitioner resides or where the child was born or resides at the time of filing. Family Code 9000(a) points stepparent petitions to those counties.
Petition form
Stepparent Adoption Request, Judicial Council form ADOPT-203. Not ADOPT-200, which directs stepparents to ADOPT-203. Filed with ICWA-010(A) and ICWA-020; ADOPT-210 and ADOPT-215 are lodged before the hearing. Filing fee $20.
Other parent's consent
Required by default from a presumed parent under Family Code 8604(a). A consent from a birth parent in a stepparent adoption may not be withdrawn except with court approval under Family Code 9005.
Proceeding without consent
Family Code 8604(b): where one parent has custody by court order or by agreement of both parents, one year of willful failure to communicate with AND to pay for the child's support when able, after service of a citation. Alternatively, a freedom from parental custody and control petition under Family Code 7822(a)(3): one year without support OR without communication, with intent to abandon.
Home study
Written investigative report required under Family Code 9001(a); no home study unless the court orders one. Investigation waived under Family Code 9000.5 for a child born during the marriage or partnership to one of the spouses or partners, unless ordered for good cause.
Residency or waiting period
No residency period beyond the venue rule in Family Code 8609.5. For a child born during the marriage or domestic partnership, Family Code 9000.5(b)(2) expressly bars any minimum period of marriage or partnership.
Child's consent age
Over the age of 12 years, under Family Code 8602. The child signs the Adoption Agreement (ADOPT-210) at the hearing.
Suggested Compliance Checklist
Determine the other parent's status and consent route
Before filing days after startingWork out whether the other parent is a presumed parent or an alleged father, then pick the route: written consent, waiver, denial of paternity, the Family Code 8604(b) one year rule (custody by order or agreement, no contact and no support), or a Family Code 7822 petition. Count the one year carefully, since 8604(b) needs both failures.
File ADOPT-203 with the ICWA inquiry forms
At filing days after startingFile the Stepparent Adoption Request (ADOPT-203), ICWA-010(A), and ICWA-020 with the Superior Court clerk in an eligible county, with two copies and the $20 filing fee or a fee waiver request. Check your court's website for local forms and any e-filing requirement.
Choose and pay the investigator
At filing or shortly after days after startingElect on ADOPT-203 whether the court appoints an investigator, with a fee of up to $700, or a licensed professional you pay directly. If you hired your own investigator, send them the request and supporting documents; if the court appoints one, the clerk forwards the file. Expect interviews and a criminal background check for the stepparent before the written report is filed.
Lodge ADOPT-210, ADOPT-215, and VS-44 before the hearing
Before the final hearing days after startingFill out but do not sign the Adoption Agreement (ADOPT-210) and the Adoption Order (ADOPT-215), and complete the Court Report of Adoption (VS-44). Give them to the clerk to hold until the hearing, where you, the custodial parent, and a child over 12 sign in front of the judge.
Confirm the child's new name and update records
After the Adoption Order is signed days after startingThe Adoption Order states the child's adopted name under Family Code 9000(e), so list the new name correctly on ADOPT-215. Get two certified copies of the order for schools, Social Security, and passports while the new birth certificate is processed. A separate name change petition is needed only for name changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine the other parent's status and consent route | Work out whether the other parent is a presumed parent or an alleged father, then pick the route: written consent, waiver, denial of paternity, the Family Code 8604(b) one year rule (custody by order or agreement, no contact and no support), or a Family Code 7822 petition. Count the one year carefully, since 8604(b) needs both failures. | - | Before filing |
| File ADOPT-203 with the ICWA inquiry forms | File the Stepparent Adoption Request (ADOPT-203), ICWA-010(A), and ICWA-020 with the Superior Court clerk in an eligible county, with two copies and the $20 filing fee or a fee waiver request. Check your court's website for local forms and any e-filing requirement. | - | At filing |
| Choose and pay the investigator | Elect on ADOPT-203 whether the court appoints an investigator, with a fee of up to $700, or a licensed professional you pay directly. If you hired your own investigator, send them the request and supporting documents; if the court appoints one, the clerk forwards the file. Expect interviews and a criminal background check for the stepparent before the written report is filed. | - | At filing or shortly after |
| Lodge ADOPT-210, ADOPT-215, and VS-44 before the hearing | Fill out but do not sign the Adoption Agreement (ADOPT-210) and the Adoption Order (ADOPT-215), and complete the Court Report of Adoption (VS-44). Give them to the clerk to hold until the hearing, where you, the custodial parent, and a child over 12 sign in front of the judge. | - | Before the final hearing |
| Confirm the child's new name and update records | The Adoption Order states the child's adopted name under Family Code 9000(e), so list the new name correctly on ADOPT-215. Get two certified copies of the order for schools, Social Security, and passports while the new birth certificate is processed. A separate name change petition is needed only for name changes outside the adoption. | name-change-petition | After the Adoption Order is signed |
Frequently Asked Questions
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