California Adoption Law
Permits single GLBT individuals to petition to adopt? Yes.
California law states that an adult related to the child, a person named in a deceased parent’s will, a legal guardian, or a person with whom the child has been placed for adoption is permitted to petition to adopt. CAL. FAM. CODE § 8802.
Permits a same-sex couple to jointly petition to adopt? Yes.
Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In 2003, the state Supreme Court affirmed that a same-sex co-parent can petition to adopt his or her partner’s child or child of the relationship. (Sharon S. v. Superior Court, 73 P.3d 554 (Cal. 2003)) Registered domestic partners can use the state’s stepparent adoption laws to adopt each other’s children or children of the relationship. (CAL. FAM. CODE § 9000(b))
Details: The state regulations do not address whether sexual orientation is a considered factor in adoption decisions. CAL. CODE REGS. tit. 22, § 35181.
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Last Updated: 1/14/2008