Folsom Same-Sex Adoption Attorney
Supporting LGBTQ Families in the Sacramento Region
Families belong to a category of organizations known as non-biological systems. In non-biological systems, members do not share a bloodline. Families use legal adoption to join children who need parents and individuals who wish to meet that need. Virtually anyone who wishes to become an adoptive parent can do so at least as far as the law is concerned. But making that a reality is sometimes far more difficult due to judge's bias or some other prejudice.
In the United States, adoption is typically a creature of state law. Individual states have created adoption agencies to facilitate the adoption process, as well as professionals and organizations that support and advocate for those who wish to adopt. Hundreds of thousands of successful, loving adoptions are handled each year by these government, professional, and private agencies.
Call our Folsom same-sex adoption lawyers at (916) 794-4576 or contact us online today to schedule your initial consultation.
Who Can and Cannot Adopt in California?
In California, same-sex couples have the same rights as heterosexual couples when it comes to adoption. However, the state has strict laws about who can adopt and what requirements they must meet.
Who Can Adopt in California?
- Adults Over 18: In California, any adult over the age of 18 can adopt a child. There is no upper age limit for adoption, but individuals seeking to adopt must demonstrate their ability to provide for the child's physical, emotional, and financial needs.
- Married Couples: Married couples, regardless of gender, are eligible to adopt. Same-sex couples have the same rights as opposite-sex couples under California law, and both partners in a marriage can adopt a child together.
- Single Individuals: Single individuals, whether male or female, can adopt in California. The state does not discriminate based on marital status, so single individuals have the same opportunities to adopt as married couples.
- Relative and Stepparent Adoptions: California law allows relatives (such as grandparents, aunts, uncles, and siblings) to adopt children within their family. Additionally, stepparent adoption is allowed, where a step-parent may adopt their spouse’s biological child.
Who Cannot Adopt in California?
While California has inclusive adoption laws, there are certain situations in which individuals may not be eligible to adopt:
- Criminal Convictions: Individuals with certain criminal convictions may be disqualified from adopting. Specifically, people convicted of felonies involving child abuse, domestic violence, sexual offenses, or child pornography may not be eligible to adopt.
- Child Abuse or Neglect: People with a history of child abuse or neglect are generally not eligible to adopt a child. This includes cases where a person has been involved in the abuse or neglect of a child in their care or custody. Individuals involved in the Child Protective Services (CPS) system may be disqualified.
- Financial Ineligibility: California does not require adoptive parents to be wealthy, but they must demonstrate the ability to support a child financially. If a person is unable to meet the financial requirements, they may be disqualified. However, the law takes into account other factors like the potential adoptive parents’ support systems, income, and general ability to meet the needs of the child.
- Unfit Caregivers: If an individual is unable to provide a safe and stable home environment for a child, they may not be eligible to adopt. This includes situations where a person cannot provide for a child’s basic needs, such as food, shelter, or emotional support.
- Non-Residents: Non-residents of California may not be eligible to adopt unless they meet certain conditions, such as having a substantial connection to the state. This is particularly true for individuals looking to adopt from the foster care system.
What is the Legal Process for Same-Sex Adoption in California?
The legal process for same-sex adoption in California is similar to that of heterosexual couples, with certain protections for LGBTQ+ parents. The following is an outline of the general steps involved in same-sex adoption:
- Choosing an Attorney: One of the first decisions in the adoption process is choosing an attorney to help facilitate the process. While some couples may prefer to adopt through private adoption agencies, others may choose to work with a same-sex adoption attorney to navigate the legal procedures more efficiently.
- Completing Home Studies and Background Checks: Before proceeding with adoption, California requires adoptive parents to complete a home study and background check to ensure they are fit to be parents. This involves interviews, home visits, and a thorough review of your personal background. As a same-sex couple, you will be treated the same as any other couple, with the same requirements in place to ensure your suitability as parents.
- Filing Adoption Petition: Once the home study is complete and the necessary documentation is in place, the next step is filing the adoption petition with the court. This petition asks the court to approve your adoption application. The court will review your petition and may schedule a hearing to ensure that the adoption is in the best interest of the child.
- Finalization Hearing: After the court reviews the petition and any additional paperwork, a finalization hearing will be scheduled. This is where the court will approve or deny the adoption, ensuring that all legal requirements have been met. The finalization hearing is the culmination of the adoption process, and if all goes well, the court will grant the adoption, and you will be recognized as the legal parents of the child.
Working with a Folsom same-sex adoption attorney ensures that you have the legal support you need to successfully navigate the adoption process and protect your parental rights.
What are the Home Studies for Same-Sex Couples?
Home studies are conducted to help you.
- what in the world you are doing and are so new in the process;
- your personal situations may make it harder to become adoptable & others;
- multiple people are involved in the process;
- you and a licensed “home-study” social worker will be asked questions about your life.
All the information you provide, including historical references and financial statements, is screened to determine if you are suitable for adoption. All of them are designed to help protect you in your individual and familial life. As well as to ensure the stability of families who were reunited and to examine what your children need. A home study is not intended to set you up for failure.
Same-Sex Stepparent Adoptions
Step-parent adoptions are the most common form of adoption in same-sex couples. These adoptions are an easy way to create a legal link between a gay or lesbian parent and their child. Of course, under modern parentage statutes, this step is not at all necessary. Fortunately, this is a less costly option and can be accomplished with our support and guidance.
Why You Need a Folsom Same-Sex Adoption Attorney?
Adopting a child is an important and life-changing event, and it is essential to have the right legal guidance throughout the process.
Our team at the Law Office of Tiffany L. Andrews, P.C., can help with your domestic adoption. We have extensive experience helping individuals navigate challenges in the adoption process, including issues with documentation as well as unbalanced standards. We are proud to support families and provide compassionate, knowledgeable legal services to the LGBTQ community.
Learn more about competent legal representation by contacting us online or calling (916) 794-4576.
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“Effective and Professional Representation”
When an already difficult case took an unexpected turn, my Family Law attorney suggested another member of her team take on this new aspect of my case. As the issues of the case unfolded I was very relieved that Tiffany had been brought on to handle this troubling matter. Her professional confidence provided a sense of security while her familiarity with the complex issues kept me reassured. I am extremely happy with the final outcome of the issue and would confidently recommend Ms. Andrews for quality representation.- George -
“Excellent Process and Assistance”
I'd like to thank Tiffany for her advice. I've been divorced for over a year and am still trying to collect on the settlement agreement. I had a question about the legal interest and if it's collectible and she said definitely! as long as the judgment doesn't preclude it. She was extremely helpful - also offering other remedies to assist in the collection of the funds. I would definitely call her again if I need more help.- Previous Client -
“I would highly recommend her to anyone!”
It is true that divorce is the most trying time anyone will ever experience. Having said that, Tiffany has been an ally in the onslaught of negativity. My case has been VERY complicated and has involved domestic violence. She has worked to affect a positive outcome for me and my son. While this case is not over, and the outcome is still uncertain, I am certain that I am in the best hands possible with her as my attorney. I would highly recommend her to anyone!- Previous Client -
“Amazing Family Law Attorney!”
I would strongly recommend Mrs. Andrews for any family law issues. She was my attorney for over a year. In that time she was focused and diligent. Not once did any paperwork get rejected for clerical errors. Mrs. Andrews worked tirelessly and made it a point to conduct my case in the most cost-effective manner possible for me.- Chad -
“Professionalism and Expertise”
Mende Romaniak has again shown both professionalism and expertise as she helped navigate me through gaining custody of my daughter. Through her hard work and concise detailing of my case not only was she able to secure sole physical custody but also sole legal custody as well. I was told more than once that gaining custody as a father is a tall order but Mende and the Law office of Tiffany Andrews came through with flying colors. I highly recommend.- Mike -
“Hard Working”
Ms. Andrews did a lot of research on issues she was not clear so that she would be able to provide accurate information and advice. She worked diligently on my case, while my ex's attorney was playing "legal games" - by sending letters with false claims to rack up his fees - while pretending to work on the case. Unfortunately my divorce was very complicated; however, in the end, Ms. Andrews managed to win over my ex - so he fired his attorney and we had Mr. Andrews finish the final paperwork for the both of us. In the end, Ms. Andrews saved both me and my ex, additional grief, frustration and money.- Previous Client -
“I am very lucky to have Tiffany Andrews as my attorney!”
Tiffany Andrews is highly professional and knowledgable attorney. I am very pleased with the results.- kvitkoolga -
“Child & family advocate”
Tiffany is an amazing lawyer. She shines in the courtroom. I recommend hiring her for child & family law and cps dependency court cases. She is well respected in her profession and has solid knowledge of the law.- Ann
