AdoptTermInstrPacket FL 7800 Stepparentadoption Pkg
User Manual: FL-7800
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SUPERIOR COURT OF STANISLAUS COUNTY
SELF HELP CENTER
STEP-PARENT ADOPTIONS AND
TERMINATION OF PARENTAL RIGHTS
Material prepared and/or distributed by the Superior Court Clerk’s Office IS INTENDED FOR INFORMATIONAL
AND EDUCATIONAL PURPOSES ONLY. Such material is NOT intended to be and IT IS NOT LEGAL ADVICE as to
your specific case. IT IS NOT INTENDED TO TAKE THE PLACE OF COMPETENT LEGAL ADVICE FROM AN
ATTORNEY. You are strongly advised to seek the advice of a licensed attorney before starting or completing
your case in order to protect valuable legal rights that you may have and of which you may be unaware.
Please contact a competent attorney of your choice or contact the LAWYERS REFERENCE SERVICE of the
Stanislaus County Bar Association at (209) 571-5727 for a referral. The Clerk’s Office cannot give you legal
advice.
In order to begin a minor step parent adoption you will need to file TWO cases at the same time. The
first case will terminate the parental rights of the other parent. The second case will request the
adoption of the minor child.
• NOTES:
• Any forms noted as “pleading” forms [example: (Pleading Form)] are forms created on number
lined paper. You can download these forms from the Stanislaus County Superior Court Self Help
Center website at http://www.stanct.org. Any forms noted by form number [example:
(ADOPT-200)] are judicial counsel forms. You can download these forms from the Judicial
Counsel website at http://www.courtinfo.ca.gov/forms
• Before you can proceed with the Step Parent Adoption, you MUST FIRST terminate the other
parent’s parental rights. There is no filing fee for the Termination in the Adoption case.
• There is a filing fee of $20.00 for the Step Parent Adoption.
• If the parent whose rights are being terminated, the case will be referred to the Family Court
Services Investigator. There will be a fee assessed for this investigation. You may qualify for a
fee waiver for both the filing fee and the investigation fee. The Fee Waiver and Additional
Waiver of Court Fees forms may be obtained from the Superior Court Clerk’s office or
downloaded from the Judicial Counsel website noted above.
STEP 1. PREPARING THE PAPERWORK TO TERMINATE PARENTAL RIGHTS
A. Complete the following forms:
• Petition to Declare Minor Free from Parental Custody and Control (Pleading Form)
• Citation (Pleading Form)
Refer to attached samples for assistance with completing these forms.
STEP 2: FILING THE FORMS:
A. Make two (2) copies of all the completed forms listed above. The original must be 2-hole
punched at the top and stapled at each corner.
A. Present the forms to the Probate clerk
1. Originals and copies are given to the Clerk to file
2. The Clerk keeps the original Petition, along with one copy of each document to mail to the
California Department of Social Services.
3. The Clerk will issue a hearing date on the Citation and return the original and copies of the
Citation, along with the file marked copy of the Petition to you.
4. Make one copy of each document for your records.
5. Be sure to mark the date and time of the hearing on your calendar and make the
necessary arrangements to attend this hearing.
The forms should be typed or completed in blue or black ink, neatly and clearly
so photocopies can be made.
STEP 3. SERVING THE DOCUMENTS
A. The biological parent must be PERSONALLY served (handed) with a copy of the Petition and
Citation after they have been filed with the Court.
The person serving your document MUST be someone other than you or your spouse
(NOT A PARTY TO THE ACTION) and over the age of 18. This can be done by a friend, a
relative, a certified process server or sheriff.
STEP 4. FILING THE PROOF OF SERVICE
A. Have the person who served the other party complete, date and sign a Proof of Personal Service
(FL-330).
B. Attach the Proof of Personal Service to the original Citation. File the Citation with the Probate
Clerk.
STEP 5. PREPARING THE PAPERWORK FOR THE STEP PARENT ADOPTION
The Step Parent adoption forms DO NOT NEED TO BE SERVED ON THE BIOLOGICAL
PARENT. Both sets of paperwork can be filed with the Clerk at the same time.
B. Complete the following forms:
• Adoption Request (Form ADOPT-200)
• Adoption Agreement (Form ADOPT-210)
• Adoption Order (Form ADOPT-215)
Refer to attached samples for assistance with completing these forms.
STEP 6: FILING THE FORMS
A. Make two (2) copies of all the completed forms listed above. The original must be 2-hole
punched at the top and stapled at each corner.
B. Present the forms to the Probate clerk
1. Originals and copies are given to the Clerk to file
2. The Clerk keeps the originals, along with one copy of each document to mail to the
California Department of Social Services.
3. A social worker will be appointed to write a report. However, the social worker will not be
able to complete the report until the biological parent’s rights have been terminated.
STEP 7: ATTEND THE HEARING ON THE TERMINATION OF PARENTAL RIGHTS
A. If the parent whose rights are being terminated objects, a court trial will be set for both parties
to give testimony and present evidence in support of their position. The case will also be
referred to the Family Court Services Investigator to prepare a recommendation and report. Fees
may apply as noted above.
B. If the parent whose rights are being terminated does not object, then the Judge will make a final
Order the day of the hearing.
C. Once a final Order is made, the adoption is then referred to the appointed social worker to
prepare to due a back ground investigation on the adopting step parent. The social worker then
prepares a recommendation and report that is filed with the court.
D. On receipt of a recommendation and report for adoption, you must request a date for the
adoption hearing from the Probate Clerk.
• This is an informal confidential hearing, usually held within the Judges chambers. You
may invite a minimal number of family members or friends to witness the event.
Following the hearing the Adoption Order is signed and forwarded to the California Vital
Static’s for amendment of the minor’s birth certificate.
Material prepared and/or distributed by the Superior Court Clerk’s Office IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL
PURPOSES ONLY. Such material is NOT intended to be and IT IS NOT LEGAL ADVICE as to your specific case. IT IS NOT INTENDED TO
TAKE THE PLACE OF COMPETENT LEGAL ADVICE FROM A FAMILY LAW ATTORNEY. You are strongly advised to seek the advice of a
licensed family law attorney before starting or completing your case in order to protect valuable legal rights that you may have and of
which you may be unaware. Please contact a competent family law attorney of your choice or contact the LAWYERS REFERENCE
SERVICE of the Stanislaus County Bar Association at (209) 571-5727 for a referral. The Clerk’s Office cannot give you legal advice.
MINOR STEPPARENT ADOPTION FLOWCHART
These cases MUST be open AT THE SAME TIME
CASE ONE
TERMINATION OF
PARENTAL RIGHTS
- Petition
- Citation
CASE TWO
MINOR STEPPARENT
ADOPTION
- Request
- Agreement
- Order
- Expenses
SERVE THE
OTHER PARENT
- Personal
Service
OTHER PARENT
CONSENTS
- Consent &
Agreement
or
- Stipulated
Judgment
CANNOT LOCATE
OTHER PARENT
REQUEST
PUBLICATION
- Ex Parte
Application
- Declaration
OTHER PARENT
CONTESTS/NO
RESPONSE FROM
OTHER PARENT
- Memo of
Points &
Authorities
- Declaration
ATTEND THE
HEARING
- Oral
Argument
- Judge Signs
Order
COURT GRANTS
PUBLICATION
- Order ATTEND THE
HEARING
- Oral
Argument
FOUR-WEEK
PUBLICATION
- File Affidavit
REQUEST HEARING
- Order
Dispensing
With Notice
- Memo of
Points &
Authorities
COURT GRANTS
TERMINATION
- Order &
Judgment
COURT GRANTS
TERMINATION
- Order &
Judgment
COURT WAITS FOR
THE SOCIAL
WORKER’S REPORT
AND TERMINATION
OF PARENTAL
RIGHTS
REPORT FINISHED
AND RIGHTS
TERMINATED
- Request a
Hearing
ATTEND HEARING
- Judge Signs
Adoption
Agreement
and Order
SAMPLE
Your Name Here
Stepparent
Y
our Cit
y
Name
Street Address
CA
Y
our Tele
p
hone Number
Y
our Zi
p
Code
Stanislaus County
800 – 11th Street
Modesto, CA 95354
Child
’
s Name BEFORE Adoption
Case Number Here
Child
’
s Name AFTER Adoption
Child
’
s DOB
Child
’
s Age
Date Here
If the Child is 12 or Older, He/She Will
Date and Si
g
n This At the Hearin
g
Child’s Printed Name
You Will Date and Sign This At the
Hearin
g
Print You
r
Name
Date Here
Spouse’s Si
g
nature
Spouse’s Printed Name
Your Name Here Case Number Here
You Will Date and Sign This At the
Hearin
g
Print Your Name
Your Name Here SAMPLE
Stepparent
Street Address
CA
Y
our Tele
p
hone Number
Your Zip
City
Stanislaus
800 – 11th Street
Modesto, CA 95354
Child
’
s Name AFTER Adoption
CA
City Where Child Lives
Child’s DOB
Child
’
s Age
USA
Case Number Here
Check
These
Boxes
Court Date
# Judge’s Name
Stepparent’s Name Here
Biological Mother’s Name Here
Your Name Here Case Number Here
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TYPE/WRITE IN ADOPTING
STEP PARENTS NAME, ADDRESS
AND TELEPHONE NUMBER HERE
In Pro Per
STANISLAUS COUNTY SUPERIOR COURT, STATE OF CALIFORNIA
In the Matter of the Adoption Petition of:
ADOPTING STEP PARENT’S
NAME HERE
Case No.: CASE NUMBER
CITATION TO PARENT
Date:
Time: 8:30 A.M.
Dept.:
Adopting Parent.
THE PEOPLE OF THE STATE OF CALIFORNIA
TO: NAME OF PARENT WHO’S RIGHTS ARE BEING TERMINATED
By order of this court you are hereby advised that you may appear before the judge
presiding in Department ___ of this court on DATE OF HEARING at 8:30 a.m. then and
there to show cause, if any you have, why NAME OF CHILD should not be declared free
from your custody and control for the purpose of freeing CHILD’S NAME for placement for
adoption. The following information concerns rights and procedures that relate to this
proceeding for the termination of custody and control of said minor as set forth in Family Code
Section 7860 et seq.:
1. At the beginning of the proceeding the court will consider whether of not the interests
of the minor child require the appointment of counsel. If the court finds that the interests of the
minor do require such protection, the court will appointment counsel to represent him, whether
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or not he is able to afford counsel. The minor will not be present in court unless he requests or
the court so orders.
2. If a parent of the minor appears without counsel and is unable to afford counsel, the
court must appoint counsel for the parent, unless the parent knowingly and intelligently waives
the right to be represented by counsel. The court will not appoint the same counsel to represent
both the minor and his parent.
3. The court may appoint either the public defender or private counsel. If private counsel
is appointed, he or she will receive a reasonable sum for compensation and expenses, the amount
of which will be determined by the court. That amount must be paid by the real parties in
interest, but not by the minor, in such proportions as the court believes to be just. If, however, the
court finds that any of the real parties in interest cannot afford counsel, the amount will be paid
by the county.
4. The court may continue the proceeding for not more than thirty (30) days as necessary
to appoint counsel to become acquainted with the case.
Date:
______________________________,Clerk
By:________________________________
Deputy Clerk
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WRITE IN ADOPTING PARENT’S
NAME, ADDRESS AND
TELEPHONE NUMBER
In Pro Per
STANISLAUS COUNTY SUPERIOR COURT, STATE OF CALIFORNIA
In the Matter of the Adoption Petition of:
ADOPTING PARENT’S NAME
Case No.: CASE NUMBER HERE
PETITION TO DECLARE MINOR
FREE FROM PARENTAL CUSTODY
AND CONTROL
Date:
Time: 8:30 A.M.
Dept.:
Adopting Parent.
Petitioner respectfully represents:
1. Petitioner, ADOPTING PARENT’S NAME, is the spouse of the natural
mother/father, NATURAL PARENT’S NAME, of the minor child, CHILD’S NAME, and
seeks to adopt the minor child on the termination of the natural mother’s/father’s right to custody
and control.
2. CHILD’S NAME is a unmarried minor child who was born on CHILD’S DATE OF
BIRTH, and is a resident of CITY OF RESIDENCE, Stanislaus County, California.
3. NATURAL PARENT’S NAME is the parent who has DESCRIBE CUSTODIAL
RIGHT OF NATURAL PARENT (example: sole legal and sole physical custody of the
child) and resides at NATURAL PARENT’S ADDRESS, California. The child’s mother/father
is currently ADDRESS OF RESIDENCE OR IF INCARCERATED STATE WHERE
INCARCERATED.
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4. The child has been left by NAME OF NATURAL PARENT WHOSE RIGHTS
ARE BEING TERMINATED with NATURAL PARENT’S NAME having primary custodial
care and has had no contact with the child since DATE OF LAST CONTACT BETWEEN
CHILD AND PARENT WHOSE RIGHTS ARE BEING TERMINATED to the present
and without any provision for the child’s support nor communication from absent parent and
with the intent on the part of NAME OF PARENT WHOSE RIGHTS ARE BEING
TERMINATED to abandon the child.
WHEREFORE, petitioner prays judgment as follows:
1. For an order declaring that the minor child CHILD’S NAME is free from the custody
and control of NAME OF PARENT WHOSE RIGHTS ARE BEING TERMINATED and
terminating all of his/her rights and responsibilities with regard to the child;
2. For an order appointing NAME OF ADOPTING STEP PARENT to act under the
provisions of Family code Section 7893, as guardian of the minor child; and
3. For such other and further relief as the court may deem proper.
Dated:
______________________________________
Print Name: ADOPTING PARENT’S NAME
VERIFICATION
I, ADOPTING PARENT’S NAME, am the petitioner in this matter. I have read the
foregoing Petition and know the contents thereof. The same is true of my own knowledge,
except as to those matters which are therein represented on information and belief, and as to
those matters which are therein represented on information and belief, and as to those matters, I
believe to be true.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated: ______________________________________
Print Name: ADOPTING PARENT’S NAME
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CONSENT OF NATURAL PARENT
I, NATURAL PARENT’S NAME, am the natural mother/father of CHILD’S NAME,
the minor subject to this proceeding and the spouse of the Petitioner, ADOPTING STEP
PARENT’S NAME. I hereby consent to the request to terminate the parental rights to custody
and control of the minor by the natural mother/father, PARENT’S NAME WHOSE RIGHTS
ARE BEING TERMINATED, and to the adoption request by the Petitioner.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated:
______________________________________
Print Name:NAME OF NATURAL PARENT
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WRITE IN ADOPTING PARENT’S
NAME, ADDRESS AND
TELEPHONE NUMBER
In Pro Per
STANISLAUS COUNTY SUPERIOR COURT, STATE OF CALIFORNIA
In the Matter of the Adoption Petition of:
ADOPTING PARENT’S NAME
Case No.: CASE NUMBER HERE
JUDGEMENT DECLARING MINOR
FREE FROM PARENTAL CUSTODY
AND CONTROL
Date:
Time: 8:30 A.M.
Dept.:
Adopting Parent.
The petition of ADOPTING PARENT’S NAME, for a judgment declaring CHILD’S
NAME, a minor, free from the custody and control of PARENT’S NAME WHOSE RIGHTS
ARE BEING TERMINATED, came on regularly for hearing on DATE OF HEARING,
petitioner appearing in Pro Per. The court having examined petitioner, ADOPTING
PARENT’S NAME and other witnesses, and other evidence both oral and documentary having
been introduced, and good cause appearing therefore, the court finds:
1. Notice of the hearing on the petition was given by citation to NAME OF PARENT
WHOSE RIGHTS ARE BEING TERMINATED, as prescribed by Family code Section 7881;
2. The Court Investigator of Stanislaus County Superior Court, California, has filed a
written report of his/her investigation of the circumstances of the child as required by Family
Code Section 7851, in which he/she recommends that CHILD’S NAME be declared free from
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the custody and control of NAME OF PARENTS WHOSE RIGHTS ARE BEING
TERMINATED. Further, NAME OF NATURAL PARENT has executed a consent to the
Step-Parent Adoption by ADOPTING PARENT’S NAME.
3. There is clear convincing evidence that CHILD’S NAME should be declared free
from the custody and control of his/her mother/father, NAME OF PARENTS WHOSE
RIGHTS ARE BEING TERMINATED, pursuant to Family Code Section 7820 et seq., in that
he/she has left the child in the care and custody of petitioner’s husband/wife, the natural parent,
for a period of over one year without any provision for the child’s support, with the intent to
abandon the child.
4. The child is adoptable.
5. It is in the best interests of the child that he/she be declared free from the custody and
control of his/her biological parent, NAME OF PARENTS WHOSE RIGHTS ARE BEING
TERMINATED , and there is no less detrimental alternative to provide for the child’s best
interests.
WHEREFORE IT IS ORDERED that the child, CHILD’S NAME is freed from the
custody and control of NAME OF PARENTS WHOSE RIGHTS ARE BEING
TERMINATED, and that ADOPTING PARENT’S NAME is hereby appointed guardian of
the child.
Dated:
______________________________________
Judge of Superior Court
WRITE IN NAME, ADDRESS AND
TELEPHONE NUMBER OF ADOPTING
STEP PARENT
CASE NUMBER HERE
A
DOPTING STEP PARENT’S NAME
PARENT
’
S WHOSE RIGHTS ARE BEING TERMINATED
Write in: CITATION TO PARENT AND PETITION TO DECLARE MINOR FREE FROM PARENTAL
CUSTODY AND CONTROL
DATE SERVED
A
DDRESS WHERE PARENT WAS SERVED
TIME SERVED
NAME AND ADDRESS OF PERSON WHO
SERVED PARENT
PRINT SERVER
’
SNAME
DATE SIGNED
SIGNATURE OF SERVER
CHECK
THE BOX
THAT
APPLYS
CHECK
THE BOX
THAT
APPLYS
