HOW DOES A LEGAL GUARDIAN ADOPT A CHILD?

Legal Guardianship to Adoption is a legal process where the legal guardian who has been caring for the child adopts and becomes the legal parent of the child.

In California, if you have been the legal guardian of a child for at least two years, you can file to adopt the child you have been caring for.

At the Adoption Law Firm of Donnelly & Evans, LLP, we understand that legal guardians often do everything for the child, just as if they were their legal parents. Guardians already hold the right to make medical decisions for the child, decide what school to enroll the child in, and set visitation privileges with the child’s parents.

In some cases, the legal parents do not have a relationship with the child and do not make efforts to become a suitable parent. The law has created a process by which the legal guardian may adopt the child when this occurs. Thus, providing permanent stability and creating a forever home for the child by way of adoption, which severs the biological parents’ parental rights.

Guardianship to Adoption at Adoption Law Firm

UNDERSTANDING Guardianship to Adoption IN CALIFORNIA

Here are key points about guardianship to adoption :

1 DEFINITION

  • It is the formal adoption of a child (ward) of whom you are the legal guardian.

2 LEGAL EFFECTS

  • It grants the legal guardian full parental rights and responsibilities

  • Terminates the parental rights of both biological parents

  • Child gains inheritance rights from the guardian

  • The guardian becomes the child’s legal parent

3 REQUIREMENTS

  • Legal Guardian of a minor child (under 18) pursuant to court order of legal guardianship

  • The legal guardianship must be in place for at least two years

  • The child must be in your care presently, and have been in your care for the last two years (except for vacations, etc)

  • Adoption of the child by the legal guardian(s) must be in the child’s best interest

  • Children over the age of 12 must consent to being adopted

4 PROCESS

  • Involves filing an adoption petition with the court

  • Requires a investigative report to be performed by the either the State or a County social worker for the judge to consider

  • Adoption finalization hearing is before a judge

5 TERMINATION OF OTHER PARENT’S RIGHTS

  • Requires either the biological parents to consent, or requires a court hearing to terminate their parental rights Does not require abandonment or neglect to terminate parental rights

  • Termination of parental rights is possible even if the parent has been visiting the child

6 CHILD’S NAME

  • Option to change the child’s last name as part of the adoption process

7 BENEFITS

  • Legal recognition of existing emotional bonds

  • Maintains full legal decision making authority for all legal matters like medical decisions and school-related issues

  • Provides permanent stability for the child

  • Unlike a Guardianship, which is susceptible to the parents continuing to ask the court to terminate it and return the child, adoption offers finality