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 Adoption Program, please e-mail IAP@dss.ca.gov.
If you have any questions regarding the Intercountry Adoption Program, please e-mail apu@dss.ca.gov.
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
Child and Youth Permanency Branch
Permanency Policy Bureau
744 P Street, M.S. 8-13-66
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 apu@dss.ca.gov.
15. How do I find an adoption service provider?
A "Registry
of California Adoption Services Providers
", for purposes of independent adoption proceedings, may be
obtained by calling (916) 651-8089, or writing to:
California Department of Social Services
Children's Services Operations & Evaluation Branch
Adoptions Services Bureau
744 P Street, M.S. 8-12-31
Sacramento, CA 95814
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.