Adult Adoption in California

Overview

Adult adoption is a legal process that creates a legally recognized parent-child relationship between two persons over 18. The most common reasons for adult adoptions are to formalize an already existing close relationship between two adults, often in a stepparent relationship already, reestablish a legal relationship between a birth parent and an adult child, or assist with estate planning, caretaking, or access to benefits the person adopted.

Here are the most important things you should know about an adopting an adult in California: 

Where to File: An adult adoption may be filed in the California county where either the adopting parent or the adoptee resides. As long as one party to the adoption is a resident of a California county, the other party may live anywhere.

Consent by Biological Parents:: California law does not require the biological parents' consent in an adult adoption. 

Notice to Biological Parents: California law does not require that the biological parents receive notice of the adult adoption.

Legal Relationship to Biological Parents: The biological parent's legal relationship to the person being adopted may or may not terminate as part of the adult adoption process. That is the choice of the parties to the adoption.  Some counties have forms you can fill out to complete an adult adoption; if you use these, you may need to prepare an extra form yourself if you want to maintain your relationship with your biological parent.

Spousal Consent: If either the adult being adopted or the adult who is adopting is married, their spouses will need to consent to the adoption.

Investigation:  Typically, an investigation is not required in an adult adoption; however, the Court has the discretion to request one. 

Standard for Granting Adult Adoption Petition in California

The parties must demonstrate to the Court that the adoption is in the best interest of the adoptive parent, the adoptee, and the public. 

Immigration

Generally speaking, an adult adoption will not impact one's immigration status and should not be pursued solely for immigration.  You should consult with an immigration attorney before pursuing an adult adoption for immigration purposes.

Court Hearing:

The parties must appear at the finalization hearing, often a brief but celebratory event. If personal appearance is impossible or impractical, we can usually arrange for special accommodations.

Birth Certificate: The parties may request a new birth certificate reflecting the newly formed parent-child relationship and the new name for the adopted person. For persons born in California, it's possible to have more than two parents listed on a birth certificate.

Timing: 

Typically, the adult adoption process can be completed in a matter of 2-3 months or more quickly under exceptional circumstances.

If you're considering an adult adoption, you should consult with an attorney about the legal implications and requirements. The attorneys at Adoption Law Group specialize in adoption law and have been helping clients in Los Angeles County, Orange County, San Diego County, San Bernardino County, Riverside County, Ventura County, and throughout California with their adult adoption needs for two decades.

“The attorneys and staff at Adoption Law Group handled our case with care and  professionalism. They helped me adopt my step son and make our family’s dream come true!  Thank You, Adoption Law Group!”