What You Need to Know About Adult Adoption Process & Laws in California
An older adult may adopt a younger adult in California. Here’s everything you need to know about adult adoption process & laws in California.
Adult adoption is when an older adult adopts a younger adult. This creates a legal parent-child relationship that includes all rights and responsibilities associated with any other parent-child relationship. There are no Judicial Council forms for adult adoption, so the petitioner must type information onto pleading paper and file the documents with the court.
What is Adult Adoption?
As the name implies, adult adoption is the process by which an adult legally adopts another adult. Much like a normal adoption in which an adult adopts a child, an adult adoption creates a legal parent-child relationship that is identical to a standard parent-child relationship between a biologically related parent and child. This means that the adopted adult has the same inheritance rights, for instance, as the parent’s biological child.
Inheritance rights are perhaps the most common reason why a person might want to undertake an adult adoption. Consider a situation in which a person has essentially raised another person even though they do not have a legal parent-child relationship. The older adult may think of the younger adult as their child and therefore want to ensure that the younger adult receives their property if they pass away. In a case like this, an adult adoption may be desired because it ensures that the younger adult will inherit that which the older adult wants them to have.
Or, people may want to pursue an adult adoption purely for emotional reasons. An adult may think of a younger adult as their child, and adult adoption would allow them to formalize this relationship. Therefore, their parent-child relationship would become more “real”.
Adult Adoption Process in California
To begin the process of adopting an adult, the parties must complete the required forms. Because there are no Judicial Council forms for adult adoption, the following forms must be typed and printed onto pleading paper, which can be purchased at a stationery store:
- Petition for Approval of Adoption Agreement
- Adoption Agreement
- Consent of Spouse of Adopting Parent (if applicable)
- Consent of Spouse of Adopted Person (if applicable)
- Order of Adoption
The petition for approval of the adoption agreement must include all of the following:
- Name, age, date/place of birth of both parties
- How long both parties have known each other
- Reason for the adoption
- If either party has a spouse, then include the name, date of marriage, and names/ages of any children. Attach spousal consent forms.
- The date the adoption agreement was signed. Attach the adoption agreement.
- Whether or not the adoption is in the public interest
The adoption agreement must simply state that both parties agree to assume a legal parent-child relationship as well as all associated responsibilities. Both parties must sign and date the document.
Consent of the spouses is needed because adoption changes the legal rights of the adoptive parent and the adoptee themselves. The forms must say that the individuals consent to the adoption. If the adoptee is single, they must declare in the petition that they are single.
The order of adoption must include all information included in the petition and the adoption agreement. If unsure about the preparation of any of these documents, one may contact an attorney to ensure that the documents are formatted correctly and include all necessary information.
Related: What Does An Adoption Attorney Do?
With the required forms filled out, the parties must file the petition (along with attached forms) as well as a blank VS-44 (Court Order for Adoption). They should ask the clerk for a court date, and then attend the hearing on the court date with the adoption agreement and order of adoption. Here, they will have to explain to the judge why they want to undertake the adoption. If all goes well, the judge will sign the order of adoption, and the parties will then file the signed order. This finalizes the adoption.
Adult Adoption Laws in California
Here are some specific laws relevant to adult adoptions in California:
- California Family Code Section 9328: At the hearing, the judge will approve the adult adoption if they are satisfied that the adoption is in the public interest and in the interests of both parties as well as satisfied that there is no reason why the adoption should not be granted.
- California Family Code Section 9340: Any person adopted via adult adoption may file a petition at any point to terminate the adoption. If the adoptive parent agrees in writing, termination will be granted. If the adoptive parent does not agree, then the matter shall be set for hearing.
- California Family Code Sections 9301 and 9302: A married person cannot adopt a person or be adopted without consent from their spouse.
All adult adoption-specific laws can be found in California Family Code Division 13 Part 3.
FAQs About Adult Adoption in California
What is adult adoption?
Adult adoption is when an adult adopts a younger adult. This establishes a legal parent-child relationship.
How much older does the older adult need to be in order to complete an adult adoption?
The older adult must be at least 10 years older than the younger adult.
Where can I find the necessary forms for adult adoption?
There are no specific Judicial Council forms for adult adoption. Click this link to find templates for the required forms. This includes the petition for approval of adult adoption and the order for adoption.
Do I need spousal consent to adopt an adult?
Yes. Both the adoptive parent and the adoptee need spousal consent to complete the adult adoption process if they are married.
Contact Us
If you have any more questions about the adult adoption process & laws in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!