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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.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified adoption lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local adoption attorney to discuss your specific legal situation.