In California, adult adoption is a legal procedure in which an older adult adopts a younger adult to create a legal parent-child relationship. Older adults may be inspired to pursue adult adoption for a plethora of reasons. For example, some people use adult adoption to help deal with complicated estate planning issues. Others may solidify a parent-child relationship in a stepparent situation.
Whatever your reason may be to adopt an adult, contact us for help in preparing all the necessary legal documentation. Read on to learn more about how to adopt an adult in California.
Procedures for Adopting An Adult in California
California Family Code Section 9300-9340 details the procedures for adopting an adult in California. These procedures are based on the following requirements:
- The adopting parent must be older than the adult they are adopting.
- If the younger adult is married, they must obtain permission from their spouse before an older adult may adopt them.
- If the older adult is married, they must obtain permission from their spouse to adopt the younger adult.
In an adult adoption, legal documents including a petition are filed in the county where one of the parties resides. If the two parties live in separate counties, they may choose to quicken the process by investigating which county is more streamlined and less burdened. Dealing with an overburdened court could unnecessarily delay the adult adoption process by several months.
Unlike child adoption, there is no mandated investigation in adult adoptions. Once the parties file documents with the court, they will set a hearing. However, while some courts schedule adult adoption hearings automatically, others require a formal written request to do so. At the hearing, the court will approve the adult adoption and enter an order confirming the adoption and any name change request.
Adult Adoption Forms
In order to adopt an adult in California, you will need to file the following legal documents at your local courthouse. Plus, your court may require other local forms.
Adult Adoption Petition
The adult adoption petition requests that the court make an order approving the adult adoption. The petition must include the following information:
- personal and residential information of both parties;
- how long both parties have known each other;
- the nature of the parties’ relationship;
- the reason for adoption;
- any spouse’s information;
- the date the parties signed the adult adoption agreement; and
- how the adoption is in the public’s interest.
The court will provide approval based on the petition.
Adult Adoption Agreement
The adult adoption agreement confirms that the younger party seeks to be adopted, defines the legal relationship of each party, and states all the duties and responsibilities of the parties upon adoption.
Consent of Spouses
If either party of the adoption has a spouse, they each must receive their spouse’s consent. Each spouse must sign a consent form and accept the rights and responsibilities of the new parent-child relationship.
Adoption Order
The adoption order must detail information stated in the adult adoption petition and agreement. Sometimes it must also include signed copies of the consent of each spouse.
Once you complete the documents referenced above, you will need to file the adult adoption petition and agreement with the local court. The judge will check all the paperwork and confirm whether the facts in the petition and agreement are true. If the parties have correctly completed the paperwork, the court will grant the adoption petition.
Help with Adult Adoption Forms
Unfortunately, California does not provide any judicial council forms for adult adoption. In fact, many California counties including Los Angeles County do not even provide district-specific forms. This makes preparing paperwork for adult adoption a bit more difficult. Therefore, individuals will need to prepare all the necessary pleadings from scratch on pleading paper in proper form.
Even with this in mind, filing an adult adoption does not have to be complex, stressful, or scary. Contact A People’s Choice if you would like low-cost, professional assistance in preparing legal documents for an adult adoption. Additionally, please feel free to contact us if you have any questions on how to adopt an adult in California. Otherwise, you can start the adult adoption process now using our convenient online interview process below.
Great article. Thank you. Are the adoptee’s birth parents informed by the State of California once the adoption takes place? In other words, will they find out?
Hello, In most circumstances, the birth parents are not informed or at all involved in an adult adoption proceeding if the adoptee does not wish them to be so.
I live in California. Without touching on the imotional aspects of the following, my maternal grandfather (also a California resident) has recently discussed adopting me, to avoid reassessment of a home he owns and would like to leave to me after his death. My living father (a resident of Nevada) is also in poor health. Would My having been adopted by my maternal grandfather effect the taxes My family would experience on any of my father’s estate should he pass? Could my living father adopt me back as his son, as a Nevada resident? Thank you for your time and attention.
I would recommend you speaking with a tax attorney regarding these matters.
Does the person being adopted have to be a US citizen?
Hello,
If the child is not a citizen then the courts should not have any jurisdiction on them. You should speak with an immigration lawyer on possible steps to take.
My stepmother wants to adopt me after 56 yrs. How much does it cost to get help with the paperwork in Shasta County CA
An adult adoption in California is $499 plus costs of under $50.
I & my wife are in our early 60s. We have a son who is estranged and does not want to have any relationship with us. We would like to adopt a child or an adult so that we can make a difference in their life and be able to assist in providing opportunities in their life. Also leave some of our assets to them when we pass.
Hello Raja,
We can prepare the paperwork for the adoption proceeding. The price and process depend on if it is an adult or independent adoption. You are welcome to call the office on 800-747-280 for more information.
Does the adult being adopted have to reside in CA?
No they can live in another US state but the adoptor would need to live in CA.
I’ve recently learned from my 83 yr old mother that she has adopted an adult male, whom I believe is in his 30’s. My brother and I were not informed of this happening by either our mom or this man, her sister was also unaware of this. How are we supposed to protect our elderly parents from scammers like this?
Talk to an attorney if you feel your mother did not have the legal capacity to adopt this person.
My son is leaving with me since last 20years and he 43years old, and I am 78years old. How can abopt him.
We can help with adult adoption paperwork.
Hello,
I raised my ex wife’s child for the first two years of her life without knowing she wasn’t mine. We have remained very close for the last 16 years since my divorce with her mother.
Is it possible to “adopt” my daughter with her consent now that she is eighteen and become her legal father WITHOUT affecting the birth mother’s legal status as her mother or would me “adopting” her change that status?
Thanks
We have prepared and filed hundreds of Adult Adoption proceedings for exactly this same situation. Give our office a call at 800-747-2780 for help with the paperwork.
My Uncle whom l have lived with for 11 year wants to adopt me. What does the process consist of for Solano County
It is a three part process – prepare forms, get hearing set, attend hearing. We can help you file an adult adoption in Solano County by preparing the required multiple forms as well as request the court set the one required hearing. Both parties would need to attend the adoption hearing and the order of adoption should be granted at that hearing. Please feel free to reach out to us at 800-747-2780 for assistance.
If I as a citizen adopt an immigrant adult that came in to the us legally with a visa does he get permanent resident privilege?
Speak to an immigration attorney but it is my understanding that adult adoption does NOT change the standard immigration process nor provide any special permanent resident privileges.
Would like to adopt my 18 yr old step son. He has lived with my husband (his father) since he was 12 years old. He wants to be adopted by me. Do we need to have his legal mothers consent in the state of California.
When filing for an adult adoption, parental consent of the biological parents is not necessary. Our office can prepare all of the required adult adoption documentation and get the hearing set for you. Give us a call at 800-747-2780.
If your stepson is 18, he is considered an adult and we can help you prepare and file an adult adoption. Adult adoptions in California do not require consent of the biological parents and are a much easier process than a stepparent adoption of a minor. Please give us a call at 800-747-2780 for help with the paperwork.