Adoption of Adults in California

When one thinks of adoption, it is the situation of an adult parent adopting a child that typically comes to mind. However, once someone reaches adulthood, the option to be adopted remains open. This is for a variety of reasons, including legally recognizing and formalizing parent–child relationships. The process of adult adoption results in the same outcome as child adoption; however, the process is much less involved and emphasizes the parties' ability to consent to the adoption. 

In the State of California, an individual is classified as an adult for the purposes of adoption once they are 18 years old. Reaching adulthood results in a different legal approach to the adoption process. The process shifts to being consent-based rather than court-decision-based. As the adult being adopted (“adoptee”) is over 18, they can consent to the adoption. This is different from when a child is adopted and the court must determine what is in the best interest of the child. Child adoptions involve much more intensive scrutiny, including a home study and assessing the suitability of the adopting parents. In adult adoptions, this is not required. 

Legal Process:

As with child adoptions, when adopting an adult, legal documents and processes must still be followed. The documents required for an adult adoption in California include the Adoption Agreement, the Petition for Approval of Adoption Agreement, Spousal Consent(s) and the Order of Adoption.[1] These documents must be filled out by the appropriate parties and filed with the court. 

Adoption Agreement

The Adoption Agreement states that the parties agree to the legal relationship of parent and child that is created by the adoption. This document is especially important in adult adoptions as the process is based upon the consent of the parties. This document signals to the court that the adopting parent and adoptee agree to all the duties and responsibilities this relationship creates. It ensures all parties are involved in the process and know what they are entering into. 

Petition for Approval of Adoption Agreement

The adoption process is commenced in court by filing the appropriate forms. The Petition for Approval of Adoption Agreement is the formal request that asks the court to approve the Adoption Agreement. This is the document where specific details about the adoption are required. These details include the ages of the adoptive parent(s) and the age of the adoptee, the nature and length of their relationship, and the reasons the parties are seeking this adoption.

Often the reason for adult adoption is to formalize a stepparent and stepchild relationship, even though the child is now an adult. Sometimes barriers to adopting the adoptee existed when they were a child, such as a biological parent withholding consent for the adoption. Whatever the reason is for seeking the adoption, this is the document in which to explain it to the court. The Petition for Adoption is filed with the Superior Court (not the Municipal Court) and a filing fee must be paid to the court. 

Spousal Consent

In adult adoptions, if either the adoptive parent or the adoptee is married at the time of the adoption, spousal consent is required. A spouse is legally required to formally consent, in writing, to the adult adoption process for the court to progress the matter. If an adoptee or adopting parent does not have a spouse, this step is not required. This step is a key difference in adult adoption when compared to child adoption, for obvious reasons. This emphasizes the importance of the consent of all parties involved in an adult adoption. 

Another key difference in adult adoptions is that the consent of the biological parents is not required. As the adoptee is of legal age, it is their consent that is important in the eyes of the court. The only time when a biological parent needs to provide consent is when one of them is retaining parental rights. This often occurs in the situation of stepparent adoption, where a biological parent's spouse is the adopting parent. 

Order of Adoption

Next, parties seek an Order of Adoption. Following the filing of a Petition for Adoption, the matter is added to the court's roster. This results in allocating a date for a court hearing, where a Judge assesses the Order of Adoption. The Judge ensures everything is in order and if so, approves the adoption. The Order of Adoption is the formal court order granting the adoption, which the Judge will sign. The Order of Adoption is an official legal document, similar to a birth certificate or marriage license. The Order awards the adopting parent or parents the legal relationship of parent to the adoptee. This transfers all parental duties, rights and responsibilities to the adopting parent or parents. While this transfer is the same for child and adult adoptions, the day to day practicality of the parental responsibility is reduced as the adoptee in this case is an adult and therefore able to make their own day to day choices about their welfare. 

Normally, a court hearing is convened and both the adopting parent or parents and the adoptee must attend. Guests are also permitted to attend. Most Judges treat this final hearing as both a formal hearing and a celebration of adoption. Sometimes the usual court rule of no photography isbe waived, and the adopting parents and adoptee may take a photo with the Judge. Currently, due to Covid-19, courts also offer the final hearing via video link to maintain social distancing. As adult adoption is less involved than child adoption, the whole process is much faster, and can usually be completed in one to two months. 

After the Order of Adoption