California is one of the states that has been pretty progressive in adoption law and, as such, is a popular adoption state.  Many families are seeking information about how to adopt a child in California, including step-parent and domestic partner adoptions.  Below are some resources about the basics to help you familiarize yourself with the process.  However, as there are sometimes pretty complicated issues involved in adoption, you may decide at some point to seek assistance from an adoption attorney.

General Resources regarding adoption:

 Adoption Options 

Stepparent Adoption

The Adoption Home Study Process – Factsheet for Families

Background Checks for Prospective Adoptive Parents

Court Jurisdiction and Venue for Adoption Petitions

California-specific adoption resources:

Directory of California Adoption Agencies

How To Adopt a Child in California

Adoption Request

Adoption Expenses

Agreement Regarding Contact After Adoption

Request to: Enforce, Change, End Contact After Adoption Agreement

Disability Insurance (DI) and Paid Family Leave (PFL) for New Adoptive Parents

You can also browse LawInfo’s Free Legal Resource Center for comprehensive information about adoption and other family law matters including frequently asked questions, forms, legal guides, brochures, videos, and more!  You can also find an attorney right in your area who focuses on adoption law. 

Good luck!

Media reports are swirling over the issue of who will get custody of Michael Jackson’s kids.  It could be a bit of a battle depending on a variety of things including what Michael Jackson’s will provides regarding guardianship of the kids, whether Michael Jackson’s mother (temporary guardian at this point) petitions the court for custody, and whether any other person(s) claim a legal right to custody of the children.  One of the issues that may impact the custody or guardianship proceedings is whether or not another person, such as Debbie Rowe (mother of Michael Jackson’s two eldest children), or the so-called unknown surrogate mother of Jackson’s youngest child, will dispute any guardian named in Jackson’s will and try to obtain custody respectively.   It can be a complicated, if not downright tricky, legal issue when children are born in, let’s say non-traditional, means.  And… unlike some tabloid reports, the person(s) named on a child’s birth certificate are not necessarily conclusively entitled to such custody.  Allow me to deconstruct: 

When a man and woman get married, conceive a child, the woman carries the pregnancy and gives birth to the child, the child is both biologically related to both the man and the woman and the woman gives birth to the baby – both “paternity” and “maternity” are clear.  Both the man and the woman have a “parent and child relationship” with the baby.  The woman’s name is listed on the birth certificate as the mother and the man’s name is listed on the birth certificate as the father. 

With adoption of a child, parental rights are also well-settled.  The man and the woman petition the court to adopt the child, to terminate the biological mother (and father’s when known) legal rights, and for the adoptive parents to become the legal parents.   A Court Report of Adoption is prepared which contains the child’s original birth name, etc. and the natural parents’ names, as well as the child’s new name and information about the adoptive parents.  Then, the child’s original birth record is sealed and a new birth certificate is prepared listing the adoptive father’s name as the father and the adoptive mother’s name as the mother. 

With surrogacy, the legal rights of all involved start getting a little tricky.  First, there are many different types of surrogacy.  A woman’s eggs can be harvested and fertilized by her husband’s sperm and implanted into another woman (surrogate), eggs can be donated by another woman, sperm can be donated, a woman can volunteering (or be paid) to be inseminated with a married man’s sperm in order to conceive and carry a child for a married couple,  etc.   Donors may be known or anonymous.  The most common types of surrogacy according to surrogacy.com are outlined below: 

• Traditional Surrogacy (Artificial Insemination) 
  An arrangement between the intended parents of the child and a woman who agrees to donate her egg(s) to be artificially inseminated with the sperm of the intended father. In most states the intended mother does a step-parent adoption after the birth in order to establish her parental rights and so that the surrogate will relinquish her rights regarding the child.
• Gestational Surrogacy
  An arrangement between the intended parents of the child and a woman who agrees to carry the embryo(s) made from the egg(s) and sperm of the intended parents. The child(ren) of gestational surrogacy is/are the genetic child(ren) of the intended parents, and the surrogate carries the embryo/fetus to term in the role of “host” uterus. In this form of surrogacy, the surrogate may also be called the “gestational carrier”.
• Donor Egg/Gestational Surrogacy
  Arrangement between the intended parents of the child and a woman who agrees to carry the embryo(s) made from the egg(s) of a third party donor (who is often anonymous) and sperm of the intended father. The surrogate carries the embryo/fetus to term as a “host” uterus since there is no biological tie between the surrogate and the embryo/fetus. In this form of surrogacy, the surrogate may also be called the “gestational carrier”.

In many states, the woman who gives birth to a child is presumed to be the mother and is thus named on the birth certificate as such.  With the increase of “assisted conception” and “third party reproduction” methods, however, some states may have regulations in place regarding naming the intended or biological mother on the original birth certificate.  On the father’s side, the intended or biological father may be able to “acknowledge” paternity and be named on the original birth certificate.  However, in many states if a surrogate is married, her husband may be “presumed” to be the father and thus listed on the original birth certificate.  Of course, these “presumptions” may be rebutted through evidence otherwise.

In California, the names of the father or mother listed on a child’s original birth certificate can be changed through a court order called an “Adjudication of Facts of Parentage.” A hospital or the Department of Vital Records can not change the names on a birth certificate without this official court order or “adjudication.”  To get the court order, the person(s) must petition the court, present facts about their situation, and the court must officially determine whether a “parent and child relationship” exists in order for the birth certificate to be changed. 

The Adjudication of Facts of Parentage (court order) must state the following:

1. 1. Specifically instruct the Department of Vital Statistics to remove the existing father and add the new father.
2. 2. Include the child’s date and place of birth as listed on his or her original birth certificate.
3. 3. If the child’s name is being changed, the full new name must be listed in the court order.

Given all of the above, the birth certificates of Michael Jackson’s children may not necessarily be the whole story.  Of course, they would be evidence of legal paternity and maternity.  Since the stakes are quite high in circumstances such as these – i.e. who will obtain legal rights to custody of a child – it is extremely important to seek the advice of an experienced attorney when contemplating assisted conception, third party reproduction, surrogacy, or other methods to create your family.  For more information, contact a family law attorney or a surrogacy lawyer.

The fight for marriage equality will rage on another day. On Tuesday, May 26th, California’s Supreme Court ruled to uphold the state’s gay-marriage ban, also known as Proposition 8. The 6-1 decision by Chief Justice Ron George rejected an argument from activists that Proposition 8 revised the California constitution’s equal protection clause.

Although the Court also ruled that the 18,000 same-sex weddings that took place before the prohibition passed are still valid and it would be too disruptive to apply Prop 8 retroactively, activists said they would go back to the voting public as soon as possible to repeal the ban.

The California Supreme Court ruled 4-3 last May that it was unconstitutional to deny gay couples the right to wed. Since that time, same-sex couples from around the country came to California to wed before this ruling made its way to the voters during the 2008 election. Consequently, Proposition 8 did pass with a 52% approval. As the fight raged on in California, Iowa, Maine, Vermont and Connecticut legalized gay marriage.

Although the court ruled that the ban denies gay couples use of the term “marriage,” California still allows gay couples to form domestic partnerships and does not “disturb the basic right to establish an officially recognized and protected family relationship with the person of one’s choice and to raise children within the family.”

So what are your thoughts? Was justice upheld today based upon the voice of the voters, or was the decree of our Constitution challenged today and overruled? No matter what side of the fence you stand on this issue, there is a long fight ahead that will impact our country and that of generations to come.

Florida police announced Tuesday that they now know the identity of the person responsible for the decapitation of “America’s Most Wanted” host John Walsh’s 6-year old son, who was slain in 1981. The suspect being charged with the crime is Ottis Toole, a known pedophile who died more than a decade ago in prison on other murder charges. The announcement Tuesday brought closure to a case that has been open for more than two decades, launched the television show searching and capturing the nation’s most notorious criminals, and helped to bring about changes in how authorities search for missing children.

Ottis Toole had reportedly twice confessed to killing Adam Walsh, but later denied those confessions. However, Toole’s niece told father John Walsh her uncle confessed on his deathbed in prison that he killed Adam.

“Our agency has devoted an inordinate amount of time seeking leads to other potential perpetrators rather than emphasizing Ottis Toole as our primary suspect,” said Hollywood Police Chief Chadwick Wagner. “(But) Ottis Toole has continued to be our only real suspect. If Ottis Toole was alive today, he would be arrested for the abduction and murder of Adam Walsh on July 27, 1981.”

“I had no doubt,” John Walsh said. “I’ve never had any doubt.”

Adam’s death, and his father’s activism on his behalf, helped put missing children’s faces on milk cartons, increased security at schools and shopping malls, and created Adam Walsh Law, which:

• Establishes a comprehensive national system for the registration of sex offenders.
• Establishes three tiers of sex offenders.
• Requires all jurisdictions to enact criminal penalties for sex offenders who fail to comply with registration requirements.
• Requires sex offenders to appear in person to verify their registration.
• Imposes a fine and/or term of imprisonment for up to 20 years on sex offenders who knowingly fail to register.
• Makes registration as a sex offender a mandatory condition of probation and supervised release.
• Eliminates the statute of limitations for prosecutions of child abduction and felony sex offenses against children.
• Directs the Attorney General to provide technical assistance to jurisdictions to help identify and locate sex offenders relocated due to a major disaster.

For more information on child abduction laws, visit http://www.invincakid.com/academy/abduction.html, or visit LawInfo’s Legal Resource Center.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

As of Monday, July 7th, yet another high-profile marriage has hit rock-bottom. New York Yankees all-star Alex Rodriguez (A-Rod) has been served with divorce papers from his wife of six years, who is claiming A-Rod to be an adulterer who “emotionally abandoned his wife and children.” This divorce filing comes less than a week after reports flooded the press of a possible romantic connection between A-Rod and Madonna. Although Madonna has issued statements denying these allegations, rumors have also been circulating for months that Madonna and her husband, director Guy Ritchie, are also planning to split. Guess money can’t buy happiness.

These collapsing marriages are just a drop in the bucket lately to all the other celebrity couples calling it quits. And not only are these couples entering splitsville, they are bringing hell along for the ride. Paul McCartney and Heather Mills just wrapped up a lengthy divorce proceeding where tempers flared and nasty allegations flew; at the end Mills walked away with a settlement of $47.5 million and celebrated by dumping water on the head of McCartney’s lawyer at the final hearing. Charlie Sheen and Denise Richards also went through a messy divorce proceeding, and the hostility continues—even though Sheen has since remarried (Richards has commented on the ongoing feud by stating “the gloves are off.”) And at present, Christy Brinkley is going through divorce proceedings with husband Peter Cook after his affair with an 18 year-old surfaced. Brinkley has described this breakup as a “nightmare,” and is fighting for custody of the couple’s two children.

Even though these high-profile marriages have ended bitterly, each breakup ironically started with a press release stating “due to irreconcilable differences, we have decided to split amicably.” This issuance now appears to have been lip-service to appease the public, but it is possible to have an amicable divorce, regardless of fame or fortune. One way of doing this is through divorce mediation. The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. It is a voluntary process which gives a divorcing couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. Another way to ease the pain of a possible split, and is a good idea for all parties involved, is to set up a prenuptial agreement. A prenuptial lists all individually owned property, such as homes and businesses, family assets, savings accounts as well as debts, and specifies what will and will not remain individually-owned property after marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce.

Thus, it is possible to split on amicable terms, and try to salvage what is left of a broken relationship. Not all divorces need to end in a dramatic mess—it’s best to leave that kind of production for the stage. To learn more about divorce mediation or prenuptial agreements, contact a Lead Counsel Divorce attorney in your area today.

Legal Videos – How to File for Divorce and Divorce: Who Gets What?

An adoption is a legal process where the adoptive parents are given permanent parental rights over a child.  At the same time, the child’s natural parents’ parental rights are terminated.  A parent may voluntarily give up their rights by filing a relinquishment with the court or the court may terminate the parental rights on its own initiative.  Involuntary termination normally requires child abuse, abandonment or some other illegal act.

An adoption is different from the appointment of a non-parental legal guardian.  A legal guardian is a person appointed by the court to temporarily care for a child.  It is a temporary order because the order is vacated on the child’s 18th birthday.  Your parents will always be your parents.  The guardian is also under the supervision of the court.  A judge may overturn a guardian’s decision and may also change a minor’s guardian.  In the eyes of the law an adoptive parent is the child’s parent, permanently.  Once an adoption is finalized the courts have no power over the parents and child.

Brad and Angelina were not given special treatment.  Any parent who is a citizen can bring an adopted child into the United States.  If the adoption is finalized in the child’s home country the Child Citizenship Act of 2000 allows the adopted child to acquire U.S. citizenship automatically on the date they enter the United States as a lawful permanent resident.