Adoption by Legal Guardian
A person who is a legal guardian can apply to adopt the child under guardianship. One or both birth parents can sign an independent adoption consent or an agency relinquishment (see those sections for more details about that part of the process).
If one or both of the birth parents object to the adoption, the guardian can request that the court terminate parental rights for abandonment or other good cause. In every case, the guardian must obtain a home study in accordance with the type of adoption (independent or agency) being pursued.
FCCA assists in many guardianship-adoption cases by providing the home study assessment, applying to the court for termination of parental rights, and/or preparing the adoption finalization paperwork.
Legal Authorities: Family Code Section 8802(a)(1), (d); Probate Code 1516.5; 22 CCR Sections 35129, 35129.1
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