What is the procedure to terminate a relationship with adoptive parent and child?

Full question:

I live with my adoptive parents in California. I am turning 18 years old in two months’ time and would like to terminate the parent-child relationship with my adoptive parents. How do I go about it?

  • Category: Adoption
  • Date:
  • State: California

Answer:

In California, the person who has been adopted may give a written notice to the adoptive parent and file a petition to terminate the relationship with them. The petition shall state the details such as name and address of the petitioner and the adoptive parent along with the place and date of adoption and circumstances under which the petition is based. Once the adoptive parents’ consent in writing to the termination, an order for termination may be issued by the court without any further notice. But if the parent does not consent in writing to the termination, a written response shall be filled in 30days of the date of mailing of the notice and the matter shall be set for hearing. The court may also require an investigation the department or county officer.

This is provided in Cal Fam Code § 9340. It reads:
“(a) Any person who has been adopted under this part may, upon written notice to the adoptive parent, file a petition to terminate the relationship of parent and child. The petition shall state the name and address of the petitioner, the name and address of the adoptive parent, the date and place of the adoption, and the circumstances upon which the petition is based.
(b) If the adoptive parent consents in writing to the termination, an order terminating the relationship of parent and child may be issued by the court without further notice.
(c) If the adoptive parent does not consent in writing to the termination, a written response shall be filed within 30 days of the date of mailing of the notice, and the matter shall be set for hearing. The court may require an investigation by the county probation officer or the department.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To win a termination of parental rights case in California, you must demonstrate that the termination is in the child's best interest. This typically involves showing evidence of neglect, abuse, or inability of the parent to care for the child. If the adoptive parents agree to the termination, the process can be simpler. However, if they contest it, you may need to present your case in court, which could include testimonies and documentation. It's advisable to consult with a family law attorney for guidance through this process.