Probate Court banner Picture of the Probate Building

Click here to return back to Probate HomeProbate Court  
The Great Seal of California

bullet for list  Property Transfers at Death

bullet for list  Simplified Probate Procedures
bullet for list  FAQ's - Probate a Decedent's Estate
bullet for list  Probate Process Diagram
bullet for list  Preparing the Petition
bullet for list  Administering the Estate
bullet for list  Closing and Distributing the Estate
bullet for list  Trusts

bullet for list  Probate Help for Children

bullet for list  Adoption
bullet for list  Guardianship
bullet for list  Emancipation
bullet for list  Name Change
bullet for list  Minor's Compromise
bullet for list  Protecting a Child's Assets
bullet for list  Community Resources

bullet for list  Help for Adults/Elders

bullet for list  Conservatorship
bullet for list  LPS Conservatorship
bullet for list  Conservatorships for Developmentally Disabled Adult (Limited Conservatorships)
bullet for list  Medi-Cal
bullet for list  Name Change
bullet for list  Adult Adoption
bullet for list  Dependent Adult/Elder Abuse
bullet for list  Restraining Orders

bullet for list  Financial & Medical Decision Making

bullet for list  Durable Power of Attorney
bullet for list  Health Care Decision Making
bullet for list  Living Trusts

bullet for list  Petitions to Establish Birth, Death or Marriage

bullet for list  Resources & Referrals

bullet for list  Frequently Asked Questions
bullet for list  California Probate Referees

bullet for list  Local Probate Rules
bullet for list  Probate Forms
bullet for list  Probate Fees
bullet for list  Finding a Probate Lawyer
bullet for list  Probate Terms
bullet for list  Probate Court Location
bullet for list  Self-Service Home
bullet for list  Main Court Site
bullet for list  Case Info Site

 

  

Self Service Home  |  Glossary  |  Search  |  Site Map  |  Feedback  |  Contact
bulletProbate Court

Agency Adoptions
   [Esta página está en español; Trang này bằng tiếng Việt]

This section tells you about:drawing of adult and child

  1. What is an agency adoption?
  2. What is a licensed adoption agency?
  3. What if a birth parent does not give up their parental rights?
  4. Can the adoptive parents get information about the child and the birth parents?
  5. Can the Department of Social Services or a licensed adoption agency recommend to not grant an adoption?
  6. Do all adoptive parents in an agency adoption have to do a home study?
  7. How long does an agency adoption take?
  8. How is a licensed agency adoption different than a private (independent) adoption?
  9. How long does it take to file the relinquishment?
  10. Other adoption information at this site


  1. What is an agency adoption?

    An agency adoption is when parents adopt through a licensed private adoption agency. The adoptive parents and birth parents can meet and get to know each other.

    Birth parents who work with an agency to place their child, must give up their rights as parents to the agency. Then, the agency is legally responsible for the care and custody of the child until the child is adopted.
     
    In an agency adoption either the Department of Social Services or a licensed adoption agency asks the Court for permission for the adoption. This process usually takes about 6 months to complete
     
  2. What is a licensed adoption agency?

    It is an agency that is licensed by the Department of Social Services. The agency is legally responsible for the child until the adoption is final. The agency also documents when the biological parents give up their parental rights. (This is called relinquishment of parental rights.)

    The adoptive parents usually take care of the child during the adoption process. But, the agency can take the child away from the adoptive parents at any time before the adoption is finalized.
     
  3. What if a birth parent does not give up their parental rights?

    The agency will ask a lawyer (usually the adoptive parents’ lawyer) to ask the Court to end the birth parents’ rights.

    The Court will ask the Santa Clara County Department of Social Services Agency to investigate and make a recommendation to the Court about whether the Court should end parental rights and continue with the adoption proceedings.

    You can call the Department of Social Services at:
    (408) 369-4122

    top of page ↑

  4. Can the adoptive parents get information about the child and the birth parents?

    Before the adoption, the adoptive parents will get a report on the child’s medical background.

    The birth parents may – but do not have to – give a blood sample. If they do, a state-licensed laboratory will store it for 30 years after the adoption. The sample cannot be used to identify any party to the adoption. It is only kept so the adoptive parents or the adopted child can do DNA testing later, after the adoption is final.
     
  5. Can the Department of Social Services or a licensed adoption agency recommend to not grant an adoption?

    Yes. If the adoptive parents have a criminal history (other than minor traffic violations) or an on-going substance abuse problem, the agency may not recommend the adoption to the Court.

    These circumstances don’t always make the adoptive parents ineligible for adoption. The agency will review each case individually. They will be guided by what is best for the child.

    The agency cannot refuse to recommend an adoption based solely on the race, color or national origin of the adoptive parents or the child involved.

    The Court does not have to follow the agency’s recommendation. The Court will make its decision on what is best for the child.
     
  6. Do all adoptive parents in an agency adoption have to do a home study?

    Yes. The home study includes:
     
    • A home visit
    • Letters of reference from people who know the prospective adoptive parents
    • A letter from a medical professional to confirm the adoptive parents do not have any life-threatening or life-shortening illnesses
    • Confirmation of employment status and income, and
    • Finger printing to check if the adoptive parents have ever been convicted of a crime other than a minor traffic violation.
       
  7. How long does an agency adoption take?

    The adoptive parents must wait 180 days after the child is placed in their home before the adoption can be finalized. This is so the licensed adoption agency can do a post-placement monitoring of the child in the new home (usually 2 home visits) and get the documentation that the birth parents have given up their parental rights.
     
  8. How is a licensed agency adoption different than a private (independent) adoption?

    A licensed adoption agency documents when the biological parents give up their parental rights. (This is called relinquishment of parental rights.)

    Unlike an independent (private) adoption, the agency does not have to wait 30 days once the relinquishment is signed.

    In an agency adoption, you must complete the home study before the child is placed in the adoptive parents’ home.
     
  9. How long does it take to file the relinquishment?

    The agency typically waits 24 hours to 30 days before filing the relinquishment. This is the time period the birth parent has to let the adoption agency know when the agency can file the relinquishment.

    When the agency files the relinquishment with the State, it becomes final. The only way the birth parents can withdraw it is by getting the adoption agency to agree to do so, or by asking the Court to make an order.
     
  10. Other adoption information at this site
     

    top of page ↑

  
   

Disclaimer     © 2010 Superior Court of California County of Santa Clara