The Law Offices of
B J Fadem & Associates, APC
Certified Family Law Specialist
Adoption is a very emotional experience. Creating a family is a wonderful experience and commitment. Our Attorneys will do the challenging legal work of the Adoption process for you. We will help you create the legal basis for your family. The Laws and issues regarding Adoption are complicated and ever changing.
Adoption can be “single” by one parent or “joint” by two parents. Furthermore, in certain circumstances, new law in California allows the Court to acknowledge that a child may have more than just two (2) legal or presumed parents. California will also acknowledge 2 or more parents that are of the same gender. Usually, if the parents are two (2) women, 1 parent carries the child through a sperm donor. Some even choose to utilize an ovum from their partner. Two male partners usually utilize a “surrogate” to carry the child and choose which parent will donate the sperm. In that case, it is imperative that a “Surrogacy Agreement” be drafted carefully wherein the chosen “surrogate” has no parental rights and ensure that the child is relinquished to the “parents” once the child is born. The best way to accomplish this is to utilize donated ovum – not the “surrogate’s”.
Many couples [whether heterosexual or homosexual] will opt for Adoption when conceiving a child on their own is impossible, improbable and/or dangerous.
Second Parent Adoption is an adoption when one of the parents is the biological parent of the child (ren) and their spouse/domestic partner wishes to become the legal parent of the child (ren). This is different from an “independent” adoption in that the parents are neither seeking a child already born that is not biologically nor legally the child (ren) of either parent. This arises usually when the biological/legal parent re-marries and wants the new spouse to adopt the child (ren) or same sex parents want to have a child (ren) together.
Common questions asked are:
Do I file in Court for Adoption?
Yes. A Petition for Adoption is filed in the Probate Division of the Superior Court.
How do I begin an Adoption?
If you already have the child, a Petition for Adoption is filed in the Probate Division of the Superior Court of the County you reside in. Social Services are served with a copy of the Petition – who will then set the hearing date once they’ve completed their investigation.
I have remarried and my child (ren)’s mother has not bothered to contact nor see our child (ren) in a long time. My new wife would like to adopt them. Is this possible?
Yes. There are statutes that control when parental rights could be terminated. Abandonment is considered at 7 years. However, if there has been no financial Child Support or no communication whatsoever for 12 months, the Court has discretion to terminate the parental rights – leaving the child (ren) available to be adopted by the new wife.
Adoption can also be processed if biological parents have “abandoned” the child or are willing to voluntarily terminate their parental rights.
Can your Law Firm file our Legal documents and/or represent me in any County?
Yes. We can file in all California Counties and cities, including but not limited to: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humbolt County, Inyo County, King County, Lake County, Lassen County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Placer County, Plumas County, Sacramento County, San Benito County, San Francisco County, San Joaquin County, San Mateo County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Yolo County, and Yuba County. B J Fadem has traveled not only throughout California – but throughout the country representing clients – as well as other countries.
Your issue may be time sensitive.
Please contact our office to set-up your Initial Consultation.
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