Can You Adopt a Child You’re Fostering?

The short answer is yes: If you are currently fostering a child, you can likely adopt them. However, there is some legal red tape you must cut through to achieve this goal.

The Foster Care System

The foster care system is a temporary solution for children who find themselves without adult care. The goal of foster care is to eventually reunite the children with their guardians. However, some guardians lose their rights to the child; in these cases, the child can then be adopted by family members or someone else who can offer a stable home environment.

How to Adopt a Foster Child

In California, once a guardian is stripped of their guardianship rights, the state will assume permanent custody of the child, who will then be eligible for adoption. The guardians are given a 6-month window to appeal this order.

If the guardian is unable to appeal, the right to adopt the child will fall to eligible family members. If the child has no other family members or those that exist decline adoption, the foster family will have the opportunity to petition for adoption.

The steps to apply for a California adoption are the same for foster care applications. A person must:

  • pass a criminal background check;
  • have a steady source of income;
  • have a home with at least one bedroom;
  • have a clean driving record;
  • be able to accommodate the child’s appointments;
  • pass a home safety check; and
  • be able to supervise the child during non-school hours.

You will not have to demonstrate the above criteria if you have already done so during the foster process.

Helping Families Unite

The California adoption process can be complex, but our adoption attorneys can guide you from foster care to adoption.

Contact our firm online or call us at (916) 675-3866 for a case evaluation.

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