What Should You Know About Adopting a Foster Child in California?

Adoption is one of the most joyful events a family can experience together. Prospective adoptive parents in Central California may choose to adopt a child who is currently in the state’s foster care system with the advice and help of a Fresno adoption attorney.

Adoption legally establishes a parent-child relationship between a child and someone who is not the child’s biological parent. About 135,000 children are adopted annually in the U.S. California leads the nation in adoptions. In this state, an adoptive parent has the same legal responsibilities and rights as any other parent. Once it is finalized, an adoption is considered permanent.

However, the legal adoption process can be quite complicated and sometimes overwhelming. That is why it’s best to work with an experienced Fresno adoption lawyer who will explain the law, represent you before a judge, and guide you through the process from start to finish.

How Do You Adopt a Foster Child?

There are two different ways you can adopt a foster child in California. Many adoptive parents first become foster parents, although becoming a foster parent is not a legal prerequisite for adopting a foster child.

Being a foster parent is a good way to determine if adopting a foster child is right for you. Many foster children are ultimately reunited with their biological parents, but in other cases, a youngster in foster care may become eligible for adoption.

Adopting a child from foster care without first being a foster parent is referred to as “straight adoption.” Straight adoption may only be pursued in this state when a California court has terminated the parental rights of the child’s biological parents.

How Does California’s Adoption Assistance Program Help Adoptive Parents?

For most prospective adoptive parents, adopting a foster child in California is an affordable way to increase the size of your family. California families who adopt a foster child qualify for the state’s Adoption Assistance Program, which offers adoptive parents:

  1. a monthly subsidy
  2. medical coverage (Medicaid or Medi-Cal)
  3. reimbursement for non-recurring adoption fees (a $400 maximum per child)

What Are the Requirements for Adopting a Foster Child?

Those seeking to adopt a foster child in California must be at least 18 years old (and at least ten years older than the child), complete the Resource Family Approval (RFA) process, and provide comprehensive criminal, medical, employment, and marital records. A criminal record doesn’t necessarily prevent you from becoming an adoptive parent.

The Resource Family Approval process requires prospective adoptive parents to:

  1. Take part in an orientation session and parenting classes.
  2. Submit an application and other required documents.
  3. Complete pre-approval RFA training.
  4. Receive certification in first aid and CPR (cardiopulmonary resuscitation).
  5. Submit to a psychosocial assessment.
  6. Have your home inspected for safety and submit to a home study.

What Does a Home Study Entail?

A home study will determine if the prospective adoptive parent or parents can provide a safe, well-equipped, and loving home for a child. A social worker will visit and inspect your home and may request references or interviews with your neighbors, co-workers, or nearby relatives.

Before the home study is conducted, you will need to ensure that your home has:

  1. CO2 detectors, smoke detectors, and fire extinguishers
  2. a first-aid kit and list of emergency phone numbers
  3. covered electrical outlets and covered trash cans
  4. fences around any swimming pools
  5. screens and locks on all windows and doors
  6. safeguards around heating equipment and fireplaces
  7. a home evacuation plan

Prospective adoptive parents may feel anxious about the home study requirement, but the right adoption attorney can help you understand what to expect.

What Are Your Rights and Responsibilities After Your Adoption is Finalized?

After you adopt a foster child and become the child’s legal parent in California, you have the legal right to make choices regarding the child’s health, education, religious training, social activities, and overall well-being.

You also become obligated to support the child financially. If your family adopts the child, both spouses become legal parents. If you and your spouse eventually divorce or separate, your legal obligations to your adopted foster child do not end until that child reaches adulthood.

How Will an Adoption Lawyer Help You?

The adoption process is a complex and challenging journey, full of legal obstacles, requirements, and regulations. In Central California, prospective adoptive parents should have the advice, insights, and services of a Fresno adoption attorney from the beginning of the process.

If you are seeking to adopt a foster child in California, you should understand your legal options and rights. A Fresno adoption lawyer can explain California’s adoption laws and help you make informed choices throughout the adoption process.

Prospective adoptive parents must deal with a variety of regulations, concerns, and questions. Your adoption lawyer will make sure that your adoption is legally valid and that the adoption process is compliant with California law.

Same-sex couples and single adults have the same legal right to adopt as opposite-sex couples in California, and the right adoption attorney will help you overcome any bias you may face in the adoption process.

Let The Bains Law Offices Help You Adopt

Our family law team at The Bains Law Offices has years of experience helping prospective adoptive parents through the California adoption process. If you are seeking to adopt a foster child, we will protect your rights and ensure there are no unnecessary delays in the process.

If you are considering adopting a foster child, if you’re ready to adopt, or if you need help or specific legal advice regarding a particular adoption, an adoption attorney at The Bains Law Offices can address your concerns and help you begin or move ahead with the adoption process.

The Bains Law Offices also handles divorces, child custody and child support disputes, paternity cases, and most other family law matters. If you want to adopt a child in the Fresno and greater Central Valley area, call The Bains Law Offices at 559-282-8924 to schedule your first legal consultation with no obligation.