Bringing a new baby into your life is a beautiful and life-changing experience. But every circumstance can be faced with challenges to making your new family’s dreams come true.

For same sex couples in California – especially when only one parent is biologically related to the child – there’s an important legal step to ensure both parents are fully and equally recognized: the confirmatory adoption.

Even if both of your names are on the birth certificate—and even if you’re married—California adoption attorneys still recommend confirmatory adoption to secure the non-biological parent’s rights for good.

 

What Is Confirmatory Adoption

A confirmatory adoption in California is a legal process that gives the non-biological parent full parental rights equal to the biological parent. It’s often referred to as a second parent adoption or stepparent adoption—but the goal is the same: to obtain a court order that permanently confirms legal parentage.

While California is one of the most progressive states when it comes to LGBTQ+ parental rights, this extra legal protection is still crucial, especially if your family plans to travel, move out of state, or wants absolute clarity in the event of a crisis or legal dispute.

 

Isn’t Being on the Birth Certificate Enough?

Not always. In California, same sex couples who are married at the time of their child’s birth are presumed to be legal parents. The non-biological parent is typically listed on the birth certificate.

But here’s the problem: not all states or countries recognize that presumption. Birth certificates are not court orders, and they can be challenged in court—especially outside California.

That’s why confirmatory adoption is the gold standard. It ensures that your parental rights are recognized nationwide, even in states or jurisdictions that don’t offer the same protections as California.

What Is Same Sex Adoption Process in California

In California, same sex adoption is the legal process through which one or both partners in a same sex relationship become the recognized legal parents of a child. 

California law fully supports adoption rights for same sex couples and treats them the same as heterosexual couples under the law.

There are several types of adoption relevant to same-sex couples in California:

1. Joint Adoption – Both partners adopt a child together, often used in private or agency adoptions, including foster-to-adopt scenarios.
2. Stepparent adoption or Second-Parent Adoption – Common when one partner is the biological or adoptive parent and the other seeks to legally adopt the child to gain equal parental rights. This is frequently used for same-sex couples who conceive through assisted reproduction.
3. Confirmatory Adoption – Even when both parents are listed on the birth certificate (e.g., after assisted reproduction), California courts allow a confirmatory adoption to legally protect the non-biological parent’s rights in all jurisdictions. This step is especially important because birth certificates alone may not be recognized as conclusive proof of parentage in other states or countries.

California’s progressive family laws, including the Uniform Parentage Act and marriage equality protections, ensure that same-sex couples can form legal families through adoption without discrimination.

 

The Confirmatory Adoption Process in California

California has made this process relatively easy and affordable for married same-sex couples using assisted reproduction. Here’s how it works:

1. Hire a California Adoption Attorney

Look for an adoption attorney with experience in LGBTQ+ confirmatory adoptions. They’ll help prepare and file the necessary documents and guide you through any required court proceedings.

2. File the Adoption Request

Your attorney will help the non-biological parent file a Petition for Stepparent Adoption (even if you’re not technically a stepparent) with your county’s family court.

3. Waiver of Home Study and Investigation

In California, married couples using assisted reproduction do not need a home study or background check. The court typically waives these requirements, making the process faster and less invasive.

4. Submit Supporting Documents

You may need to provide:

• The child’s birth certificate
• Your marriage certificate
• Proof of consent between both parents
• Declaration confirming conception through assisted reproduction, if applicable

5. Court Hearing (Optional in Some Counties)

In some counties, you’ll appear before a judge for a short and joyful hearing to finalize the adoption. In others, the adoption may be granted without a hearing.

Once approved, you’ll receive an adoption order that confirms the non-biological parent’s legal status.

6. Request a New Birth Certificate (Optional)

With the court’s adoption order, you can request a new California birth certificate showing both parents—though most already include both names from the start.

When Should You Start the Confirmatory Adoption Process

Ideally, within the first few months after your baby is born. The sooner the adoption is finalized, the sooner you’ll have the peace of mind that your family is fully protected under the law.

 

Why This Matters—Even in California

While California’s laws are among the most inclusive in the country, circumstances may one day arise where you’ll want to have the confirmatory adoption process legally behind you with all the paperwork in order in you have to:

• Travel or relocate to a less LGBTQ-friendly state
• Experience a medical emergency or custody challenge
• Need to assert parental rights at a hospital, school, or government agency

A confirmatory adoption creates a court order that’s legally recognized across all 50 states and federally. No questions. No gray area.

To get started, here’s a checklist of things that need to happen to make this kind of adoption official and legally binding.

 

✅ Confirmatory Adoption Checklist

For Same-Sex Couples in California
Make sure the non-biological parent becomes a legal parent for life.

📍 Before You Begin:

•  Baby has been born in California
•  You and your spouse/partner are legally married
•  Only one parent is biologically related to the child
•  You conceived via assisted reproduction (IUI, IVF, donor sperm/egg, etc.)

📄 Documents to Gather:

•  Child’s original California birth certificate
•  Marriage certificate
•  Consent forms (if required by your county)
•  Any sperm/egg donor agreement or fertility clinic documents (optional but helpful)

⚖️ Legal Process:

•  Hire an adoption lawyer experienced in LGBTQ+ adoptions
•  File a Petition for Stepparent Adoption (confirmatory adoption)
•  Request waiver of home study and background check (California allows this)
•  Submit signed declarations from both parents confirming intent
•  Schedule and attend court hearing (if required in your county)
•  Receive the official Adoption Order

📝 After the Court Order:

•  Request a new birth certificate with both parents listed (optional)
•  Store your certified adoption order in a safe place
•  Share the legal update with your child’s school, pediatrician, and insurance provider

 

CLICK HERE FOR A CHECKLIST YOU CAN PRINT AND KEEP FOR YOUR RECORDS

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If your baby is here—congratulations! Now make sure your entire family is protected for life. A confirmatory adoption in California is a relatively simple, powerful way to affirm the love and commitment that already exists in your home.

Talk to the experts at the Adoption Law Firm to begin the process of taking this important legal step to safeguard your family’s future.

 

The information provided in this article is for general informational purposes only and does not constitute legal advice. This content is not intended to create an attorney-client relationship. The information presented should not be construed as legal counsel or a substitute for seeking professional legal advice. Any opinions expressed in this article are those of the author and do not necessarily reflect the views of the Adoption Law Firm of Donnelly & Evans, LLP. Readers should not act or refrain from acting based on the information provided without first consulting a licensed attorney for advice specific to their individual situation.