Consent for Stepparent Adoption Template Free Sample Example
When a biological parent agrees to terminate his or her parental rights and consent to a stepparent adopting his/her child, the hard part is over, right? So why is it that when you Google “Consent for Stepparent Adoption Form” the results are anything but easy to sift through?
Isn’t there a Judicial Counsel Form for a biological parent to sign to terminate his or her rights and consent to a stepparent adoption? The short answer is no.
Many courts in California have a local form for this purpose, and there is a form that can be used (if you can find it) from the California Department of Social Services, but having closely studied the adoption and freedom from parental custody and control provisions of the Family Code, it does not appear that this form, or any others available online, contain the language that seems to be required for termination of parental rights and consent to a stepparent adoption.
For this reason, the knowledgeable adoption attorneys of Talkov Law have created a document to assist families and make this complicated process a little easier. This consent form is drafted for cases meeting the abandonment criteria of Family Code § 7822 (a)(3) and § 8604 (b), (c).
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It is highly recommended that you contact a skilled family law attorney prior to using this template. Adoption law in California can be frustrating and unclear when litigants attempt to navigate the process on their own. If you choose to use this template without contacting an attorney, keep in mind that the biological parent MUST sign this document in the presence of the court clerk in their county, or in the presence of a notary, probation officer, etc.
Consent for Stepparent Adoption Template Form [Termination of Parental Rights Example Sample]
1. I, [Biological Parent], am the natural and biological parent of the minor child, [Minor Child], [Date of Birth], pursuant to the [Judgment of Paternity, Birth Certificate, or Other Document Establishing Parentage].
2. I understand that the Petitioner in this instant matter, [Stepparent], is the spouse of the minor child’s other parent, [Custodial Parent], and stepparent of the minor child.
3. I further understand that Petitioner, [Stepparent], seeks to adopt the minor child, [Minor Child], [Date of Birth].
4. I hereby acknowledge and declare that I have not communicated with, seen, or visited the minor child, [Minor Child], for a period exceeding one (1) year, pursuant to Family Code § 7822 (a)(3) and § 8604 (b), (c).
5. I hereby further acknowledge and declare that I have not paid for the care, support, or education of the minor child, [Minor Child], for a period exceeding one (1) year, pursuant to Family Code § 7822 (a)(3) and § 8604 (b), (c).
6. Based on the above, I hereby give my full and free consent to the adoption of [Minor Child] by Petitioner, [Stepparent].
7. Based on my full and free consent to the adoption, I understand and agree that this document shall be filed simultaneously with the adoption request, pursuant to Family Code § 9003 (a).
8. I understand that with the signing of the order of adoption by the court, I shall be forever relieved from all rights to custody, services, and earnings of the minor child and I may not reclaim said child, pursuant to Family Code § 8617 (a).
9. I also understand that I am voluntarily severing the legal relationship of parent and child along with all the rights and parental duties towards, and all responsibility for, the minor child, and have no right over the minor child, pursuant to Family Code § 8617 (a).
10. I further acknowledge and understand the provision of Family Code § 9004, reading as follows: “Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the adoption of your child through a stepparent adoption does not affect the child’s right to inherit your property or the property of other blood relatives.”
11. I understand that my consent to the adoption of the minor child, [Minor Child], by Petitioner, [Stepparent], may not be withdrawn except with court approval, pursuant to Family Code § 9005 (a).
12. I acknowledge and agree that this document was prepared by the attorney for Petitioner, [Stepparent]. I am not represented by legal counsel at the time of execution of this document. I acknowledge that I have been advised to obtain independent legal counsel, that I have voluntarily chosen not to consult with any attorney, that I have read and understand the contents and legal effect of this consent to adoption, and I have signed it freely and voluntarily.
13. I hereby acknowledge and declare that I am fully and completely informed as to the facts relating to the subject matter of this consent to adoption, and as to my rights and liabilities. I hereby execute this consent to adoption voluntarily, free from fraud, undue influence, coercion or duress of any kind; have given careful and mature thought to the execution of this consent to adoption; and understand each provision of this document.
14. I have not made, nor have I relied upon, any promises or agreements as inducement to execute this consent to adoption. I have read this consent to adoption and I am fully aware of its content and its legal effect.
15. This consent to adoption is executed in the State of California and shall be subject to and interpreted under the laws of the State of California.
Based on the foregoing, and under the laws of the State of California, with the signing of this document my consent may not be withdrawn except with court approval and that with the signing of the order of adoption by the court, I shall give up all my rights of custody; services, and earning of said child, and that said child cannot be reclaimed by me.
Executed on ___________, 2020, by______________________________________
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