How Does Adoption Custody Take Place in California?

The adoptive family does not assume physical custody of the child until a court of law issues an order transferring probationary custody to the adoptive parent(s).  The Court issues a custody order only after it finds that the statutorily required assessment, or home study, and reports on the child are satisfactory, and that there is compliance with all applicable laws.  Some courts require both birth parents to appear at this hearing to testify that their consent to adoption was freely, knowingly, and voluntarily given.  In California, a child must be in probationary custody of the adoptive parent(s) for at least six months before the adoption can become finalized.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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