How do you adopt a child in california

Frequently Asked Questions About Adoption

1. What is adoption?

Adoption is a legal process which permanently gives parental rights to adoptive parents. Adoption means taking a child into your home as a permanent family member. It means caring for and guiding children through their growing years and giving them the love and understanding they need to develop their full potential.

2. How do agency adoptions, independent adoptions, and intercountry adoptions differ?

In an agency adoption, a public or licensed private adoption agency or a CDSS adoptions regional office places the child for adoption. The birth parent's parental rights are terminated either by court order or by the filing of a relinquishment. The adoption agency becomes legally responsible for the care, custody and control of the child. The agency studies and approves adoptive applicants before placing a child in their home for adoption, then supervises the placement for six or more months before the court approves the adoption.

In an independent adoption, birth parent(s) choose the prospective adoptive parent(s) and place the child directly with them. When making this decision, a birth parent must have personal knowledge of certain facts about the prospective adoptive parent(s). The birth parent(s) placing the child for adoption must receive an advisement of rights, responsibilities, and options from an Adoption Service Provider (ASP). The birth parent(s) must also sign an Independent Adoption Placement Agreement (AD 924), which in 30 days automatically becomes an irrevocable consent to adoption unless revoked within that time. Please note: In most cases the Independent Adoption Program may not be utilized for the adoption of foreign-born children. Most adoption petitions involving a foreign-born child are statutorily defined as intercountry adoptions. As a result, the CDSS or a delegated county adoption agency lacks the authority and necessary credentials to investigate or conduct an intercountry adoption using the Independent Adoption Program. Thus, the Intercountry Adoption Program is the proper channel for proposed adoptions of foreign-born children. For additional information about adopting a foreign-born child through the Independent Adoption Program please see ACL 20-69 .

In an intercountry adoption, prospective adoptive parent(s) adopt foreign-born children for whom the federal law makes a special immigration entry visa available. Intercountry adoption includes completion of the adoption in the child's native country or in California. For more information see question #14.

If you have any questions regarding the Independent or Intercountry Adoption Programs, please e-mail [email protected].

3. About the children!

Foster children of all ages are in the child welfare system awaiting permanent homes. Parental rights to these children have been terminated by court order. The county or the CDSS selects permanent homes in which to make an adoptive placement. Potential adoptive parents are informed of special needs or significant problems which the child may have or encounter. Information provided by the child's caseworker depicts the child and describes the adjustments and challenges the child will have to overcome once placed with an adoptive family.

In an effort to use the power of the Internet and to bring children and families together, the California Kids Connection program was developed as California's registry of children waiting to be adopted and families wanting to adopt. The program offers both a secure website accessible only to California licensed adoption agency personnel and a public site accessible to any Internet user. The public site is available to anyone using the Internet at www.cakidsconnection.org. Visitors to this area of the website may view and indicate their interest in specific children by sending an immediate email to the adoption agency identified for each child. This site features children for whom legal clearance has been granted by the court.

4. How do I find a child, and how do I adopt a child?

If you would like to adopt a child, contact your local public adoption agency or a CDSS adoptions regional office to speak with an agency representative about the adoption process which will include an orientation. After the orientation, if you make the decision to adopt, you must complete and submit a written application and the agency will assign an adoption caseworker to discuss the type of child you wish to adopt and the children that are available through the public adoption agency. You must participate in a "family assessment" which consists of a thorough review of your criminal, medical, employment, emotional, marital, and life history and your home environment, as required by law. This process is a joint effort by the agency and the adoptive applicants. The agency evaluates and determines your ability to provide a stable, safe and permanent home to a child who is available for adoptive placement.

You may also wish to consider adoption through a licensed private adoption agency. You will need to contact licensed private agencies in your area for information about their services, requirements and fees.

Please see question # 3 to view children, via the internet, who are waiting to be adopted.

To obtain a copy of licensed adoption agencies, click here "Directory of Public and Licensed California Adoption Agencies" or call 1(800) KIDS-4-US.

To locate a CDSS adoptions regional office CDSS Adoptions regional offices.

5. What ages of children are available-do you have any babies?

The ages of children available for adoption vary from county to county. Persons wishing to adopt infants may expect to wait some time for their application to be selected, as most agencies have many homes already approved and waiting for the placement of infants.

6. How much will it cost to adopt? Do we need an attorney?

In an agency adoption, the public adoption agency or CDSS adoptions regional office requires that you pay a fee of no more than $500 prior to submitting a favorable report to the court. This fee may be deferred, reduced, or waived under certain conditions. You should also expect to pay for fingerprinting, medical examination, court filing and other adoption-related costs that usually total no more then $100-$300.

Families who adopt children who are eligible for the Adoption Assistance Program may qualify for the Non-recurring Adoption Expense Program. The program reimburses families for adoption related expenses that they incur during the adoption process. The amount of reimbursement is limited to $400 per child. For more information regarding this program, please contact your local county adoption agency or a CDSS Regional Office.

Please note: Fees for services rendered by licensed private adoption agencies are not regulated by the State and may vary. You should ask about the fee schedule when you initially contact the adoption agency.

Adoptive parents may qualify for a federal tax credit for certain expenses paid to adopt an eligible child with special needs and a state tax credit for adopting a child who was in the custody of a California public child welfare agency. For further information about the federal adoption tax benefit, contact the Internal Revenue Services at www. irs.gov or 1-800-829-1040 and request Publication 968. For further information about the state tax benefit, contact the California Franchise Tax Board at www.ftb.ca.gov or 8-800-852-5711 and request information on Credit for Child Adoption Costs - Tax Credit Code 197.

The fee for the cost of the investigation of an Independent adoption petition is $4,500. The fee may be reduced under certain circumstances.

The fee for the cost of the investigation of an Independent Adoption petition for a family with a completed, approved pre-placement evaluation is $1,550. The pre-placement evaluation must meet the requirements of Family Code Section 8811.5.

Services of an attorney are generally not necessary in an agency adoption. Although independent adoptions can be done without the involvement of an attorney in some instances, the involvement and consultation of a legal professional is generally desirable to ensure all legal requirements are met and the rights of the parties to the adoption are protected.

7. Is there financial assistance provided once the adoption is final?

The Adoption Assistance Program can provide financial assistance and some medical coverage for many of today's waiting foster children. This assistance may continue until the child is age 18 or, in certain circumstances, age 21.

8. Both of us work. Will I have to quit my job if I want to adopt or be a foster parent?

NO. Both parents may be working as long as appropriate childcare arrangements are made. The State also enacted new legislation which extends disability compensation to allow individuals who take time off work to bond with a new child. For more information about the Paid Family Leave Insurance Program .

9. I don't own my own home, or I live in an apartment. May I adopt?

YES. You don't have to own a house to give a home. You may rent or own as long as your home is safe and has enough room for family members. What is most important is the love, understanding and guidance you can offer a child.

10. May single persons adopt?

Yes, single men and women may also adopt. In fact, approximately one-fourth of the children adopted from the public foster care system are adopted by single individuals.

11. How long will it take to adopt a child?

In an agency adoption, depending on the workload of the agency selected, it will take anywhere from six months to a year to complete an adoption family assessment. Most adoptive placements occur one to several months after the family assessment has been approved.

In an independent adoption, the process will vary based on when the prospective adoptive parents have been chosen by birth parents. However, the department or delegated county adoption agency must investigate the proposed adoption within 180 days after they receive a copy of the filed petition and 50 percent of the adoption fee.

In an intercountry adoption, the process will vary with each country. You should contact a private adoption agency licensed to provide these services in the county where you reside to inquire about the length of the process.

12. How can I get referrals to appropriate agency/county adoption offices?

A "Directory of Public and Licensed California Adoption Agencies " is available as a PDF. It may also be obtained by calling 1-800-KIDS-4-US or writing to:

California Department of Social Services
Adoption Services Branch
744 P Street, MS 8-12-521
Sacramento, CA 95814

13. What are interjurisdictional placement requirements?

In 1999 California enacted statutes that implemented interjurisdictional adoption provisions. These provisions specify that the placement of a child for adoption may not be delayed or denied because the prospective approved adoptive family resides outside the jurisdiction of the Department or the licensed adoption agency. Such an adoptive family is one who is approved by an authorized entity in the state of residence in accordance with California standards.

It is also indicated in statute that if a person alleges there was a denial or a delay in the placement of a child for adoption based solely because they live outside the jurisdiction of the Department, they will be accorded an opportunity for a state hearing.

14. If I find a child in another country, how can I adopt him/her?

Through the Intercountry Adoption Program, licensed private adoption agencies are specially licensed to assist California residents in adopting foreign-born children. The licensed agency will assist you in completing the home study that is required for all Hague and Orphan adoption cases, as well as prepare you for the different requirements to adopt based on the child’s country or origin. United States Citizenship and Immigration Services (USCIS) has final approval in determining the eligibility and suitability of the prospective adoptive parent(s) looking to adopt and the eligibility of the child to immigrate to the United States (U.S.).

There are three processes for adopting a child internationally: Hague, Orphan (non-Hague) and Other Adoption Related Immigration. Each process is distinct and has different eligibility requirements. Here is a guide that explains the three different ways to adopt a child born abroad. Before a child immigrates to the U.S., the child will need an immigrant visa. The type of visa the child is issued will determine what steps you need to take for the child to acquire U.S. citizenship. For more information on citizenship for an adopted child, click here. For more information on the process of intercountry adoptions, please visit the USCIS Adoption website at https://www.uscis.gov/adoption.

In California, if the adoption of the child is full and final in the child’s country of origin, the child will need to be readopted in California per Family Code section 8919. To obtain more information about California's Intercountry Adoption Program requirements, contact a private adoption agency licensed to provide these services in the county where you reside. Click here to obtain a " Directory of California Adoption Agencies."

If you have any questions regarding the Intercountry Adoption Program, please e-mail [email protected].

15. How do I find an adoption service provider?

For more information on adoption services provider, please see the Registry of California Adoption Services Providers website or email: AdoptionServiceProviders@dss. ca.gov.

16. What is the Interstate Compact on the Placement of Children (ICPC)?

The ICPC is an agreement among the states to provide for movement of children across state boundaries for purposes of foster care or adoption. The compact governs adoptive placements of children between states, including independent adoptions. ICPC procedures must be followed and requirements met before children can be placed in another state. There is more information on the ICPC Page.

17. What is the difference between adoption and guardianship?

Adoption is the permanent legal assumption of all parental rights and responsibilities for a child. Adoptive parents have the same legal rights and responsibilities as parents whose children are born to them.

A guardian is someone appointed by the court to care for a child until he or she is 18. If you become a guardian, the court grants you the right to make most decisions regarding the child. A guardian is not a child's legal parent and may be subject to ongoing supervision of the court. Guardianship does not give all the legal rights and responsibilities of a parent to the guardian the way adoption does to an adoptive parent. The court can make a decision about guardianship whether or not the parent agrees.

18. What is an Adoption Facilitator?

An Adoption Facilitator is an independent business entity that is in the business of matching prospective adoptive parents with birth parent(s) who have decided to place their child for adoption. An Adoption Facilitator’s only legitimate service is to arrange contact between the birth parent and the prospective adoptive parent(s). Following that contact, all further key actions to proceed with an adoption are performed by the birth parent and the prospective adoptive parent(s) and/or their attorney in an Independent adoption, or a licensed, public or private adoption agency in an Agency adoption. Adoption Facilitators must inform potential clients that they are not a licensed adoption agency.

California Foster Care and Adoption – AdoptUSKids

We're glad that you are considering fostering or adopting  a child from US foster care.

Contact information

Phone (teléfono): 888-336-8860
Email (correo electrónico): [email protected] (email must have a subject line)

Resources provided by California Kids Connection:

• Frequently asked questions about adopting from foster care in California

• Tips on how to choose an agency (32 KB Word document)

Also see the California Department of Social Services website.

On this page:

• Foster parent licensing requirements
• Adoption licensing requirements
• Costs to foster and adopt
• Agency contact and orientation information
• Information on California's waiting children
• Post adoption support services

Foster parent licensing requirements

The Resource Family Approval (RFA) Program is a family-friendly and child-centered approval process. Once caregivers are approved resource families, they will not have to undergo any additional approval or licensure if they choose to adopt or be appointed a guardian for a child in foster care.
 
Basic requirements and qualifications include applicant(s) being at least 18 years of age. The applicant(s) must attend an orientation, submit an application packet, followed by pre-approval training, and become certified in CPR and first aid. The RFA process will include a comprehensive psychosocial assessment and a home safety inspection. Upon meeting all those requirements, the applicant(s) will be approved as a resource family.

More information is available from the California Department of Social Services.

Adoption licensing requirements

Adoptive parents complete forms on their criminal and employment backgrounds, among other paperwork. The home study process also includes an interview to ascertain whether the potential parents are prepared for adoption. Some of the issues covered in the home study include:

• Is the house clean and safe?
• Is there a bedroom for the child?
• If the applicants are married, how long have they been married? (You don't have to be married to adopt. )
• If people are adopting as a couple, are both people eager to adopt?
• Do the applicants have any experience with children?
• Can they afford to have the child?

The goal of the interview and examination process is not to make sure the applicants have a lot of money, a big house, or a great deal of education. Instead, the goal is to verify that adoption is the appropriate choice for the family. The home study is also an opportunity for the potential parents to obtain information from the agency worker and to have their questions answered. More information is available from the California Department of Social Services and also at the Child Welfare Information Gateway.

Costs to foster and adopt

Typically, there is no fee for families interested in adopting a child or sibling group from foster care. Licensed public adoption agencies (also known as California Department of Social Services adoptions district offices) may require that you pay a fee of no more than $500. This fee may be deferred, reduced, or waived under certain conditions. There are also many adoption agencies who do not require applicants to pay this fee.

You should also expect to pay for fingerprinting, medical examinations, court filing, and other adoption-related costs such as CPR classes or any necessary water safety classes. These requirements are usually no more than $100 to $300, and some of these expenses may be reimbursable after the adoption is finalized.

Agency contact and orientation information

Find lists of California foster and adoption agencies by county on the California Kids Connection website.

Post-adoption support services

Locate post-adoption and guardianship support services in California, including parent support groups.

Information on children

There are more than 55,000 children in foster care in California, about 34 percent of whom are placed with relatives. The majority will return home to live with their family as soon as the problems that caused their entry into care are sufficiently resolved. About 5,500 children are adopted each year, and about 2,000 California children need an adoptive family every day.

Adoption process in the USA - Immigration to the USA

Family is, of course, one of the main values ​​in a person's life. However, unfortunately, not all families can have a child. Moreover, there are a huge number of children in the world who are deprived of parental love and affection. Therefore, adoption is a great option for many to find a long-awaited family.

Adoption of children from other countries is in great demand in the USA. According to USCIS statistics, there are about 5,000 international adoptions a year in the United States. The reasons for this are the desire of Americans to help children from underdeveloped and economically unstable countries and give them a chance for a brighter future. In addition, at the moment, many are striving to create multicultural families. Well, an important factor that pushes families to international adoption is the huge competition and the duration of this procedure in the United States.

Most often, American families adopt children from China, Congo, Russia, Guatemala, South Korea, Ethiopia and Ukraine.

Undoubtedly, international adoption is a very long and difficult process. In order to adopt a child from another country, you first need to obtain an adoption permit. The United States Citizenship and Immigration Services (USCIS) is handling this matter. It determines the suitability of potential adoptive parents and verifies children's immigration eligibility.

However, international adoption is also governed by the laws of the child's country of residence. Accordingly, before you decide to adopt a child from a certain country, be sure to check its requirements for international adoption.

In general, there are 3 immigration processes for a child in case of intercountry adoption . And in order to adopt a child from another country, you need to fulfill all the requirements, in accordance with the chosen process.

1.

First of all, Since 2008, the United States has been a party to the Hague Convention on Intercountry Adoption . It includes more than 100 states. Therefore, if the child's country of origin is included in this list, you can use this circumstance when adopting.

Basically, this adoption procedure is for orphans from countries that are not parties to the Hague Convention. In this case, you need to officially prove the child's orphanhood.

It should be noted that in the first two cases the potential parents of the adopted child must be US citizens over 25 years of age. In addition, parents will need to provide proof of housing and material conditions, as well as a number of other checks , before the official permission to adopt.

It applies to US citizens and permanent residents who intend to adopt a child through kinship. At the same time, the child at the time of adoption must be under 16 years old (or up to 18 years old if the adopter is a biological brother and sister). In addition, you must have 2 years of physical and legal guardianship.

Moreover, if you are adopting a child from another country, after the process is completed, he will need an immigrant visa to enter the United States.

Generally, there are several types of immigrant visas for adopted children :

1. For children from countries of the Hague Convention

• IH-3 visa: is issued to fully adopted children.
• IH-4 visa: for children coming to the United States for adoption.

2. For children from countries that are not members of the Hague Convention

• Visa IR-3: after full and final adoption abroad.
• IR-4 Visa: Issued if the child: is coming to the US for adoption; was adopted by only one of the parents (if they are married).

3. Adoption by Kinship - IR-2 visa.

First, children who come to the US on the basis of 9 visa0006 IR-3s and IH-3s automatically acquire US citizenship. However, the child must be under 18 years of age to enter the United States.