Confirmatory Adoption / Adoption to Confirm Parentage – FAQ (California)

What is a confirmatory adoption?

A confirmatory adoption—called a stepparent adoption to confirm parentage in California—is a legal process that establishes the parental rights of a non-gestational parent. It results in a court order confirming that both parents are the child’s legal parents.

Why would I need to adopt my own child?

Even if both parents are listed on the birth certificate, that document alone may not be recognized in other states. A birth certificate is not a court order, and other states are not required to honor it.

An adoption order, however, is a court judgment that must be recognized nationwide under the “full faith and credit” doctrine, providing stronger legal protection for your parental rights.

Who should consider a confirmatory adoption?

This type of adoption is commonly recommended for families who:

  • Used assisted reproduction (IVF, IUI, sperm/egg donation)

  • Used a known or anonymous donor

  • Built their family through surrogacy

  • Have one parent who is not genetically related to the child

The goal is to ensure both parents have equal, secure legal rights—now and in the future.

What is the difference between second parent adoption and stepparent adoption in California?

In California, terminology matters:

  • Stepparent adoption to confirm parentage applies to married or registered domestic partners and is a simplified process

  • Second parent adoption generally applies when parents are not married and typically involves more steps

The simplified confirmatory process is only available to qualifying married or partnered couples.

Do I qualify for the simplified confirmatory adoption process?

You may qualify if:

  • You and your partner were married (or registered domestic partners) when the child was born and remain so, and

  • The child was conceived through assisted reproduction or surrogacy

You’ll also need documentation such as:

  • A donor agreement (for a known donor), or

  • A letter from a sperm bank or medical provider (for an anonymous donor)

What is the process like in California?

The confirmatory adoption process is streamlined and typically includes:

  1. Preparing and filing court forms

  2. Submitting required declarations and supporting documents

  3. Paying a filing fee (currently about $20)

  4. Court review and issuance of the adoption order

In most cases, no home study, background check, or court hearing is required.

How long does the process take?

Most confirmatory adoptions in California are completed within a few months, depending on court processing times.

Will there be a court hearing or investigation?

Usually not. The simplified process is designed to avoid:

  • Social worker investigations

  • Background checks

  • Court appearances

A judge can request additional information or a hearing if needed. However, in these matters, it is very rare for a judge to request additional information or a hearing.

What are the benefits of confirmatory adoption?

A confirmatory adoption:

  • Provides a legally binding court order establishing parentage

  • Ensures recognition of parental rights across all states

  • Protects against legal challenges to parentage

  • Gives both parents equal rights regarding custody, medical decisions, and inheritance

Is this process necessary if we are married and both on the birth certificate?

Yes, many attorneys still recommend it. While California law may recognize both parents, laws vary by state, and a birth certificate alone may not be sufficient elsewhere.

A court-issued adoption order offers the highest level of legal security.

What does it cost?

The court filing fee is relatively low (around $20), though attorney’s fees vary. Bates Adoption Law provides flat fee pricing for this type of adoption.