Adoption is one of the most meaningful and life-changing decisions you can make. Whether you are opening your heart to a child from across the country or across the world, the process will shape your family’s future in profound ways. It’s also a legal journey; one that involves complex requirements, sensitive timelines, and crucial decisions that can affect you for years to come.
In California, families pursuing adoption will face different legal landscapes depending on whether the adoption is domestic or international. Each path carries its own rules, costs, and emotional considerations, along with important legal implications that must be carefully managed to ensure your adoption is recognized and secure.
At Moradi Neufer, we understand the range of hopes and anxieties that come with growing your family through adoption. Our experienced California family law attorneys have guided many clients through both domestic and international adoptions, helping them navigate the legal steps with confidence and care. With a deep understanding of state and federal adoption laws, along with the practical realities of working with agencies, courts, and international authorities, we work to make the process as smooth and secure as possible for you and your child.
Differences Between Domestic and International Adoption
Both domestic and international adoptions ultimately lead to the same goal: building a loving, permanent family. However, the processes behind these choices differ in significant ways. Understanding these differences from the start can help you make informed choices from the get-go and avoid unexpected complications or delays down the road.
- Domestic adoption takes place within the United States. You may adopt through a private agency, directly from a birth parent, or through California’s foster care system.
- International adoption involves adopting a child from another country, which means you must comply with both U.S. and foreign laws. You’ll also work with U.S. immigration authorities to secure your child’s legal entry and citizenship.
Domestic adoptions are regulated primarily by state laws – in your case, that would be California’s Family Code and the Department of Social Services regulations.
International adoptions are far more complex because they involve:
- The laws of the child’s birth country,
- Federal immigration laws as well as state laws, and
- When applicable, the Hague Convention on Intercountry Adoption, which sets international standards to protect children and adoptive families.
The result is that in most cases, international adoptions require more documentation, translations, background checks, and multiple layers of approval beyond that required in a domestic adoption.
In domestic adoptions, you may have the opportunity to communicate directly with the birth parents, sometimes even maintaining ongoing contact through an open adoption agreement or a post-adoption contact agreement (“PACA”). In contrast, many international adoptions are closed, which means the child’s background may be limited, and contact with biological family members is often not possible.
When it comes to finalizing your adoption, domestic adoptions are usually finalized in a California court once all legal requirements are met. International adoptions may be finalized either abroad or upon returning to the U.S., depending on the child’s country of origin and their visa type. You will have to take additional steps to record your child’s adoption under California’s legal process to ensure full legal recognition and protection under state law.
What Are the Eligibility & Legal Requirements for Adoption?
The legal requirements for adoption depend on whether you are adopting domestically or internationally, but both involve careful evaluation to ensure a safe, stable home environment for the child. For a domestic adoption in California, you do not have to be married, wealthy, or own a home to adopt – but you must meet certain legal and procedural standards:
- Age. You must be at least 18 years old and at least 10 years older than the child you wish to adopt. There are a few exceptions to this rule.
- Home Study. Every prospective parent must complete a home study, which includes interviews, home visits, and background checks.
- Financial Stability. You must demonstrate the ability to provide for a child’s needs.
- Training Requirements. For foster-to-adopt cases, you may need to complete state-mandated parenting classes in order to complete the adoption.
Domestic adoptions also require consent from the child’s biological parents (unless their parental rights have been terminated) and formal court approval.
International adoption adds an additional layer of federal and foreign requirements:
- U.S. Citizenship and Immigration Services (USCIS) Requirements. You must file specific immigration forms and be approved as an adoptive parent under federal law.
- Country-Specific Rules. Each country has its own age, marital status, and income rules for adoptive parents. Some nations restrict single-parent or same-sex adoptions.
- Hague Convention Compliance. If the country is part of the Hague Convention, you must work with an appropriately accredited adoption agency and complete all required safeguards to ensure ethical practices compliant with international law.
- California Legal Recognition. Even after adopting abroad, California requires that the adoption be recognized here for full legal standing and to secure a U.S. birth certificate.
Both domestic and international adoption laws can change frequently, and missing a single step can cause months of delay or even invalidate your adoption. Having experienced legal counsel ensures that all of your paperwork and filings meet California and federal standards, your adoption is fully recognized in both the U.S. and abroad, and that you understand your rights and obligations at every stage in the process, no matter which route you take.
Typical Timelines for Domestic vs. International Adoption
The adoption process is rarely quick. Whether you pursue a domestic or international adoption, timelines can vary widely depending on the type of adoption, legal requirements, and even the circumstances surrounding the child’s availability. Understanding these general timeframes helps you plan realistically and stay emotionally prepared for the waiting periods.
Domestic Adoption Timelines
Domestic adoption can proceed fairly quickly or take several years, depending on the situation:
- Private Infant Adoption – This process typically takes 6 months to 2 years, depending on how quickly you’re matched with a birth parent.
- Foster Care Adoption – This often takes 9 to 18 months, though the process may extend if the parental rights must first be terminated.
- Independent Adoption – Timelines can vary greatly, as these cases depend on identifying a birth mother and completing the court process.
Factors that influence the pace include how quickly your home study is approved, how soon a match occurs, and the time needed for post-placement supervision before finalization.
International Adoption Timelines
International adoption usually takes longer than domestic adoption, often 18 months to 3 years or more, because of the added complexity of foreign laws and government processing.
- Country Requirements. Each country has its own approval process, background checks, and eligibility screenings that can vary the timeline.
- Immigration Processing. U.S. Citizenship and Immigration Services (USCIS) must approve your adoption and issue the appropriate visa.
- Foreign Court Procedures. You may need to travel abroad one or more times for court appearances, embassy appointments, and to finalize the adoption.
- Unforeseen Delays. Political changes, international crises, or updates to a country’s adoption laws can slow or temporarily suspend adoptions.
While the timeline may be long, many people find that the reward of growing their family and providing a permanent home for a child in need makes the wait worthwhile.
The Cost of Domestic vs. International Adoption
Adoption costs vary widely, and it is important to understand what’s included so you can plan and budget effectively. While love and commitment are at the heart of every adoption, the financial realities deserve careful consideration.
Domestic Adoption Costs
Domestic adoption is typically less expensive than international adoption, though costs still vary based on the path you choose. Private agency adoptions usually range from $20,000 to $50,000, covering legal fees, birth parent expenses, and agency services. Foster care adoptions are often minimal or free of cost, as the state may cover most of the expenses, and as adoptive parents, you may receive ongoing support or subsidies.
The cost of independent adoptions depends on the professionals involved (for example, attorneys, social workers, counselors) and whether there are birth parent expenses.
Typical domestic adoption expenses include:
- Home study and background checks
- Agency or attorney fees, as well as court and filing fees
- Counseling or educational classes on parenting
- Medical and living expenses of the birth parent (if applicable)
International Adoption Costs
International adoptions tend to be more costly, generally ranging from $25,000 to $60,000 or more, depending on the child’s country of origin and travel requirements.
Common international adoption expenses include:
- Agency and international program fees
- Dossier preparation and document translation
- Travel costs such as flights, lodging, meals, or extended stays abroad
- Visa and immigration filing fees in the United States
- In-country legal and court fees for the child’s country of origin
- Post-adoption supervision visits required by the foreign country or California
What About Financial Aid and Tax Benefits?
Adoptive parents may be eligible for the federal adoption tax credit, employer reimbursement programs, or state subsidies, especially if you’re adopting from foster care. It is wise to discuss these options early to understand what financial support may be available.
Because adoption involves significant financial and legal commitments, it is essential to have a qualified lawyer review contracts, fee disclosures, and compliance documentation. A California attorney familiar with adoption law can help ensure that every dollar you spend contributes to a secure, legally sound process, and protects you from hidden costs or unethical practices.
Access to Medical and Background Information
When you welcome a child into your family, understanding their medical and family history can be essential for their well-being and future care. The amount of information you receive during the adoption process can vary greatly between domestic and international adoptions, and being aware of those differences helps you prepare, both practically and emotionally.
In most domestic adoptions, especially private or agency-facilitated adoptions, you can expect greater transparency and access to background information.
- Birth Parent Medical History. California law requires agencies and birth parents to share available medical and genetic histories when possible.
- Prenatal and Early Care Records. You may receive details about the birth mother’s prenatal care, the child’s birth, and early health screenings.
- Social History. Agencies often provide non-identifying information about the birth parents’ education, interests, and family background.
- Ongoing Updates. In open or semi-open adoptions, continued communication can help fill in gaps about the child’s health or family background over time.
Having this level of detail allows you to make informed decisions about medical care, anticipate potential health issues, and share honest information with your child as they grow. By contrast, international adoptions often come with limited or incomplete background information.
- Incomplete Records. Many children in foreign orphanages or institutions lack comprehensive medical or family histories.
- Language Barriers. Medical records may be written in another language and require translation, increasing the possibility of missing or unclear details.
- Inconsistent Standards. Medical evaluations abroad may not follow the same protocols or standards used in the United States.
- Unknown Family Histories. In most cases, biological relatives are not available for contact, and adoptive parents may never have access to hereditary information.
While gaps in background information can be challenging, there are steps you can take to protect your child’s health and security. You can arrange for a medical review of all records by a U.S. physician experienced with international adoption, or schedule a comprehensive medical exam after your adoptive child arrives in the U.S. Try to stay flexible and proactive, some health or developmental concerns may only become clear over time.
Legal counsel can also help ensure that the information you are given complies with both California and federal disclosure requirements, protecting your rights as an adoptive parent.
Emotional, Cultural & Practical Considerations
Adoption isn’t only a legal or financial process, it is also an emotional journey that reshapes your family’s story. Both domestic and international adoptions come with unique emotional and cultural dynamics that are worth acknowledging before you begin.
Domestic adoptions, particularly open or semi-open ones, allow for some degree of ongoing connection with your adoptive child’s birth parents. This means more opportunities for your child to understand their origins, more complete access to their medical and family background, and a smoother transition when handled with sensitivity and respect.
However, this dynamic can also bring emotional complexities, especially as children grow and begin to navigate their sense of identity and belonging. Setting clear boundaries and maintaining open, healthy communication is key.
International adoption offers the chance to provide a home for a child who might otherwise remain in institutional care, but it also introduces cross-cultural and emotional layers that require thoughtful attention. Children may experience cultural loss or confusion as they adapt to a new language, community, and traditions. Institutionalized children may have faced early trauma or neglect. Building trust can take time and patience.
What about language barriers? Early communication challenges may affect bonding but can be overcome with consistent care and language exposure. Embracing your child’s culture of origin through food, holidays, and stories can help them build an integrated identity and develop pride in their background.
Whichever route you choose, seek out adoption support groups or counseling for your family. If your adoptive child comes from another country or culture, build a cultural connection plan to honor your child’s heritage. Most importantly, stay patient with the process; each adoption story unfolds at its own pace, and emotional growth can take time.
Your legal team can also help connect you with post-adoption resources, ensuring you have the support and documentation you need as your family adjusts and grows together.
Choosing the Right Country or Agency
Selecting where and through whom to adopt is one of the most important decisions you’ll make in the adoption process. The country and agency you choose will determine not only your eligibility and timeline, but also the safeguards and ethical standards involved in the adoption.
When considering international adoption, each country has unique laws, eligibility rules, and adoption systems. Before you decide, it’s crucial to research and reflect on several key factors:
- Hague Convention Participation. Countries that are part of the Hague Convention on Intercountry Adoption generally offer stronger legal protections for children and families.
- Eligibility Requirements. Each country sets its own requirements around the age, marital status, health, and financial criteria for adoptive parents.
- Wait Times and Stability. Political or regulatory changes can delay or halt adoptions, so choosing a country with a stable adoption program is essential.
- Cultural Considerations. Think about your ability to support your child’s cultural and linguistic heritage as a part of their identity as they grow.
A knowledgeable attorney can help you interpret foreign adoption regulations, anticipate potential barriers, and ensure compliance with both U.S. and international requirements.
Whether adopting domestically or internationally, the agency you work with can make a significant difference in your experience. When evaluating agencies, consider:
- Licensing and Accreditation. Confirm that the agency is licensed in California and, for international adoptions, accredited under the Hague Convention.
- Transparency. Request clear, itemized explanations of fees, services, and timelines.
- Ethical Standards. Ask how the adoption agency adheres to ethical standards and ensures that birth parents or foreign authorities have given informed consent.
- Communication. Choose an agency that keeps you informed, answers your questions promptly, and treats you with respect and empathy.
Adoption involves deep trust: trust in the process, in the professionals assisting you, and in the systems that ensure every child’s best interests and human rights are protected. Selecting a reputable agency and an experienced California adoption attorney can help ensure your adoption proceeds lawfully, ethically, and with as little stress as possible.
How Legal Counsel Can Help You at Every Stage
Adoption law is complex, involving layers of state, federal, and sometimes international laws and regulations. Having a dedicated and experienced adoption and family law attorney by your side can give you clarity and peace of mind as you navigate each stage of the process.
- Before you begin, your attorney can help you evaluate your options and determine the type of adoption that best aligns with your goals and circumstances. They’ll guide you through the eligibility requirements under California and federal law, review contracts and fee structures from agencies, and ensure that your home study and background checks meet all necessary legal standards. This early guidance helps prevent costly mistakes and gives you a strong foundation as you move forward.
- During the adoption process, your attorney becomes your advocate and navigator. They handle court filings, immigration paperwork, and communication with agencies or birth parents, allowing you to focus on preparing for your new family member. Adoption laws can be complex and sometimes change unexpectedly, so having a legal professional manage deadlines and documentation helps keep your case on track and avoid delays by staying compliant with all state and federal regulations.
- After the adoption, your attorney continues to play an important role in finalizing your child’s legal status and securing vital documents. They can assist with re-adoption proceedings in California if your adoption was finalized abroad, help obtain a U.S. birth certificate, and ensure that your child’s citizenship paperwork is properly filed. Your legal team remains a trusted resource should you face questions about post-placement reports, ongoing obligations, or any future legal concerns related to your adoption.
No matter which path you choose, domestic or international, the adoption process is a journey that blends love, patience, and the law in equal measure. The legal details may seem overwhelming, but they exist to protect your rights as a parent and to ensure that your child’s transition into your family is permanent and fully recognized.
Having the right legal representation can make all the difference in your journey. Our knowledgeable California family attorneys can help you anticipate challenges, avoid costly mistakes, and safeguard your family’s future. At Moradi Neufer, we’re committed to standing by you at every stage, from your first questions about eligibility to the moment your adoption is finalized, so that you can focus on what truly matters: welcoming your child home.
Contact us now to get started.
Common Questions:
1. Do I need to be married to adopt a child in California?
No. California law allows single adults, unmarried couples, and married couples to adopt. However, some countries involved in international adoption may have restrictions based on marital status, so eligibility varies depending on where you adopt.
2. What are the basic legal requirements to adopt in California?
You must be at least 18 years old and typically at least 10 years older than the child. A home study is required, which includes background checks, interviews, and home visits. You must also demonstrate financial stability and the ability to provide a safe, supportive home environment.
3. How long does the adoption process take?
Timelines vary depending on the type of adoption:
- Domestic adoption: typically 6 months to 2 years.
- Foster care adoption: 9 to 18 months.
- International adoption: often 18 months to 3 years or longer due to additional government and immigration procedures.
4. Will I have access to my adopted child’s medical and family history?
In domestic adoptions, you usually receive detailed medical and family background information, especially in agency-facilitated or open adoptions. In international adoptions, information may be limited or incomplete due to differences in record-keeping and availability of family details in the child’s country of origin.
