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 -
“Review of Tiffany Andrews”
Very responsible and professional lawyer in my opinion. Represented me well and got me what I wanted. As well, provided me with good solid solutions for my situation and gave sound advice. Highly recommend to anyone else.- George -
“Amazing and Professional”
I can not express in enough words how much Ms. Tiffany Andrews has helped me with my case. Since the beginning, she has been very detailed, quick to respond, professional and knowledgeable. Throughout the process, I always felt comfortable and at ease knowing she was handling every aspect of my case. She truly cares about her clients! Thank you very much for all that you have done for me and the services you continue to provide!- Amanda -
“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 -
“Kindness and Generosity”
I can not thank me Andrews and her team enough for the kindness and generosity they showed me throughout one of the most difficult things I’ve had to deal with in my life. My head was spinning after months of googling and weighing my options while searching for a lawyer to handle my case. I imagine like most in the working class you may be afraid that you will make the mistake and hire the wrong lawyer. Wasting all your funds and end up no better off than you were. This was not the case with Tiffany and her team. I made the stupid mistake of going to the first part of my divorce custody case of going at it alone my case was very clear and I trusted the justice system to do what was right. This was not the scenario I faced. The opposition lawyer was able to manipulate everything and knew loopholes that the average person wouldn’t even believe was something that could happen in a court room. I can not stress enough it does not matter what is right and what is wrong you need a lawyer to protect yourself. As far as I’m concerned Tiffany and her team are mericle workers. I went into this thinking “oh great I’m going to be manipulated out of more and more money and I’m going to end up where I started anyway” following Tiffany’s advice I ended up being able to protect myself. From the moment I retained ms Andrews she was there for me literally day and night. I had many questions and issues throughout my case and though I don’t suggest anyone bothering her after business hours there were a few times I felt I needed to contact her and received a response very shortly after. These responses were often reassuring that she had things under control. This is a huge factor for me. Also she was very knowledgeable and always represented herself and myself in good light. I did not want to be vicious and aggressive and she managed to be assertive without being over the top. She was very respectful and I never had the feeling hat things were over my head. She always took the time to explained things to me in a way that I could understand and make well informed decisions. I would and will recommend me Andrews and her team to anyone looking for the best.- Brian -
“Family Called by CPS”
Was called by CPS for the first time. We were scared, didn't know what to do or say. Didn't have any idea how to handle an unfortunate situation like this. Just because of a false accusation, our lives changed! Called a friend and referred me to Tiffany who's an expert in this kind of situations. Tiffany was there to answer all our questions, gave us advice and cleared our minds. She explained the situation in a manner that we will understand and assured us that everything will be fine. Those were the words that we needed to hear. We followed her advice and Thank God everything went well. Thank you, Tiffany!- Previous Client -
“International Service of Process and Divorce Guidance”
Tiffany was very fast to respond, she was direct and very very knowledgeable. She took the time to quickly understand my situation and also advise on the correct process surrounding serving documents overseas. I was very satisfied with her level of prompt and above and beyond guidance. Thank you.- Stefan -
“Tiffany Gave Me a Voice!”
I hired Tiffany to help me in a custody dispute with my ex regarding my young son. During the entirety of my previous relationship and even after separation my ex had intimidated me and dominated any decision made regarding my son. He bullied me and used his financial advantage to make me feel that I didn't stand a chance against him when he filed to take majority custody of our son. I went into the custody dispute feeling weak but as a mother, I would go to any length, at any cost to fight for my son. Tiffany and her staff gave me so much confidence and ensured me that they would be my voice and help me fight for my rights as a mother and that is exactly what she did. Tiffany was extremely thorough, knowledgeable, compassionate, and honest. She did her job and she did it well. Tiffany was very aggressive while staying very professional in front of the judge. I walked out of the courtroom feeling empowered and protected. My family cannot ever thank her and her staff enough. I would recommend her to anyone that finds themselves in a family dispute. She will give you the justice you and your family deserve.- Cheyenne
