How can a guardian of a child adopt the child

Family members that adopt the children they've been guardians for may be eligible for financial adoption assistance.

Typically the next step involves a home inspection by the child welfare agency home to ensure the children will be safe and their needs will be met, even if the relative have already been caring for the children for years. The biological parents will have to voluntarily surrender their parental rights, or the court will terminate their parental rights if it feels that it's in the children's best interest.

Finally, the adoption must be finalized in court, and depending on the age of the children and in which state they live, the court sometimes asks the children whether they agree to be adopted by their legal guardian s.

A step-parent who's a legal guardian can also choose to adopt a step-child to protect the child from being sent to the non-custodial biological parent if the custodial biological parent dies, or to put all of the children in the house on equal emotional and legal footing including inheritance issues. The non-custodial parent has to give up parental rights in order for the adoption to go through in these types of cases.

Good luck! I have a 12 year old daughter. Her biological father has never been in the picture. I started dating someone when she was 5 and we have been together 7 years now. Married almost 1 year. My husband would like to become her legal guardian, in case something were to ever happen to me. Should we apply for a legal guardianship, or adoption? Hi, Melissa — It almost sounds like a stepparent adoption would be the best course of action in this situation.

I have permanent legal guardianship of two young girls. Their mother signed away her rights. Do I have the same legal rights now as I would if we adopted? Can I adopt her knowing that she is 14 years old and in the state of California and I have a home in Vancouver Wa? Hi, Gilbert — This sounds like a complicated situation.

If you have not already done so, you should start by contacting local authorities in California where your niece is living. I want to adopt my niece whom I am currently the guardian of the parents no longer have legal rights can I adopt her. Hi, Shari — This may be a possibility based on your situation; however, we encourage you to reach out to a local adoption attorney for legal guidance regarding your case. My question is I adopted my husbands niece and I want her biological mother to get guardianship.

Can I do that and how do I go about it. Hi, Althea — Legal processes vary by state, so we encourage you to reach out to a local adoption attorney for more information on this situation. I let my daughters aunt adopt her when she was 5 years old. She now living with me. They are 60 and cant take her many paces, or handle her much anymore.

They want to give me full custody back. How should i go about getting full custody through a lawyer? Adopt her back? Or file for full custody? Hi, Savanna — We recommend you reach out to a local attorney for more information on your options.

Because adoption and custody processes vary so much by state, a local attorney is the only one who can give you appropriate advice. Hello — Guardianship legal processes can vary by state, so we encourage you to reach out to a local family law attorney for more information. I have a daughter who turns 3 this year, I have her grandparents guardianship and I just heard they want to adopt her. Can they do that legally without me being okay with it? Hi, Cady — In most situations, a legal parent needs to give their consent for their parental rights to be terminated.

However, there are exceptions based on your state law. I have a 16 year old son that me and my ex wife have been legal guardians of since birth and we both view him as our son so much that the birth mother gave him our last name when he was born. How would we go about finally adopting him and what would the costs be to adopt someone that age. Adoption laws vary by state and even by county, so we cannot advise you on your personal situation.

Her parents willingly surrendered her because they could not provide for her. She sees them maybe once a month and there is no other contact. Any suggestions?? Hi, Sarah — Please reach out to a local adoption attorney for more information on your rights and the potential for guardianship in this situation. We have legal guardianship of our granddaughter. She has been with us since birth and is now two. Her mother, our daughter just had her son 4 months put in the foster care system die to her continued drug use.

How complicated would it be to adopt our granddaughter now? I am sure our daughter would not consent, but it is obvious she cant and wont get clean to be a mother to her. We encourage you to reach out to a local family attorney or your Department of Family Services for more guidance on this matter. I have been raising my step granddaughter since she was 4 months old. I was married to her grandfather. When he passed away in I petitioned and was granted full, legal guardianship.

She has extensive special needs, as well as health conditions. I manage all her needs from medical, academic, behavioral supports, advocating for her, etc. I have lived and raised her as my own.

Attempts over the years at fostering some kind of relationship with her birth mother have failed miserably. Birth father is unknown. Have searched through DNA registries and have found relatives of bio dad, but they refuse to respond. Anyway, legal guardianship expired when she turned 18 last year. She will turn 19 in a few weeks. She is unable to fully care for herself or live on her own.

To hold any employment at this time. She can not financially support herself. She receives SSI for her disability and has medical assistance. She can not drive. She can not manage her own healthcare needs.

She has a below average IQ and great difficulty communicating. She struggles to our thoughts to words. We are her sole providers other than her monthly ssi. We have been trying to determine, with her input of what she wants, what would be best moving forward.

Petitioning for guardianship of an incapacitated adult, or an adult adoption. I remarried in and my husband has pretty much been the only stable father figure and provider in her life. She has asked us to adopt her and change her last name to ours. If this is what she wants, is adoption of an adult possible? She is our daughter in every way, but she wants to be our legal child. We are more than happy to make her our legal child, although she already bid in every way. If she is over 18 does she need consent of her bio mom for us to adopt her?

Hi, Paula — Adult adoption is definitely possible, and parental consent is usually not necessary. Hi Paula, I am a naturalized citizen and in I became a guardian of 2 minors 16 years girl and 13 years old boy.

They lost their father when the younger one was only 3 months and since then we have been helping with expenses. If you are ready to formally adopt a child in your care, or if you have additional questions about guardianship adoption in California, please contact us to schedule a free, confidential consultation. How to Go from Legal Guardianship to Adoption in California If you are the legal guardian of a child you care about, you want what is best for him or her — and in some circumstances, that may be adoption.

How to Adopt as a Legal Guardian in California A person who is a legal guardian can apply to adopt the child under guardianship. Adoption vs.