Stepparent Adoption Attorney in California

Protecting the Stepparent-Stepchild Relationship

Stepparents often form deep, meaningful bonds with their stepchildren — especially when the child's other biological parent is absent or uninvolved. However, without a legal adoption, a stepparent has no legal right to spend time with the child or be involved in their life if the marriage to the child's parent ends.

Stepparent adoption establishes a permanent legal parent-child relationship between a stepparent and stepchild — one that survives divorce, death, or any other change in circumstances. Once adopted, the child is the stepparent's legal child for all purposes, including inheritance, health insurance, and the right to ongoing parental contact.

The California Stepparent Adoption Process

To adopt a stepchild in California, the stepparent must obtain the consent of the child's other biological parent, or have that parent's parental rights terminated by the court. The process generally involves:

• Obtaining consent of the non-custodial biological parent, or filing to terminate parental rights if consent cannot be obtained
• Filing adoption paperwork with the superior court
• A background investigation and home study (in most cases)
• An adoption hearing before a judge
• Entry of an adoption order establishing the new legal parent-child relationship

In an uncontested stepparent adoption — where the other parent consents — the process can be completed in as little as six months in some cases.

When the Other Parent Will Not Consent

If the non-custodial biological parent refuses to consent to the adoption, it may still be possible to proceed with the adoption if their parental rights can be terminated on other grounds — such as abandonment (failure to communicate with or support the child for a period of one year under California Family Code §7822), or other grounds that the court determines make termination in the child's best interests.

These contested matters require skilled legal advocacy. Denise Furubotten has successfully guided clients through both uncontested and contested stepparent adoptions, including situations that required court proceedings to overcome non-consenting biological parents.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.