Changes to Existing Law

Any minor child may be adopted by any adult person. However, the person adopting the child shall must be at least ten years older than the child adopted, unless the court finds the adoption of the child by the adult person in the best interest of the child. In an adoption proceeding or in any proceeding that challenges an order of adoption or order terminating parental rights, the court shall give due consideration to the interests of the parties to the proceedings, but shall give paramount consideration to the best interests interest of the child. In considering the best interest of the child, a court and the Department of Social Services shall give preference to a relative of the child, provided the relative meets all applicable child protection standards. If a relative of the child is not able to adopt the child, preference must be given to an adoptive placement that maintains the child’s connection to the child’s community, including a religious or cultural community. If the child is a member of an Indian tribe, or is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe, the term, maintaining the child’s connection to the child’s community, means giving placement preference to a member of the child’s Indian tribe. If a member of the child's Indian tribe is not able to adopt the child, preference must be given to a member of any other Indian tribe that is culturally affiliated with the child’s tribe or with which the child has significant contacts. If such a placement is not available, preference must be given to a member of any other Indian tribe. 26 For purposes of this section, the term, relative, means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, great uncle, great aunt, first cousin, second cousin, stepparent, or stepsibling.