Adult adoption in California
This guide can help you:
- Understand what it means to adopt an adult
- Understand when someone can adopt an adult
- Follow the steps to adopt an adult
Before you start
If you want to adopt someone who is 18 or older (the adult), you may be able to do so through the adult adoption process.
You may be an unrelated individual with an ongoing “parent/child” type of relationship with the adult. You may also be a stepparent to the adult, a domestic partner of one of the birth parents, or a relative of the adult.
Once a judge approves an adult adoption, you and the adult will have the legal relationship and responsibilities of a parent and child relationship.
Rules on adult adoptions
- You have to be older than the adult you want to adopt
- You can’t adopt more than one unrelated adult, unless that adult is the biological sibling of someone you have already adopted, or if that adult is disabled or physically handicapped.
- If your spouse or domestic partner has adopted an adult, you can’t adopt another adult for one year, unless that adult is the biological sibling of someone you have already adopted.
Adopt an adult
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Complete paperwork
Check with your Self-Help Center to see whether there are additional local forms you must complete in order to file your adoption paperwork. Some counties may have pre-printed, fillable forms you can use. They can also help you find out whether to fill out your paperwork online.
1. Adoption agreement
You must create this document (unless your county has pre-printed forms). The agreement must use special language. See the sample adoption agreement for language you can use. Once you have created this agreement, you and the adult you want to adopt will sign it.
2. Petition for approval of adoption agreement
You must create this document (unless your county has pre-printed forms). This petition is a request to the court to approve the adoption agreement. The petition must include certain information:
- What type of relationship you have and how long you have known each other
- If and how you are related to each other
- How the adoption is in everyone's best interest
- The names and addresses of any living birth parents or adult children of the adult you want to adopt.
The birth parents or adult children of the adult you wish to adopt do not need to agree (consent) to the adoption. If the court needs more information, the court may let the birth parents or adult children know about the adoption hearing. They may be allowed to come to the hearing and give information to help the judge make a decision.See the sample petitions for language you can use. If you are a stepparent, use the stepparent sample. Once you have created this petition, you and the adult you want to adopt will sign it. You will attach a copy of the signed agreement to this petition as an exhibit.
3. Consent of Spouses
If you have a spouse or domestic partner, they must agree (consent) to the adoption. Also, if the adult you want to adopt has a spouse or domestic partner, they also must consent. There are some exceptions to this rule but the court would need proof of why you can't get consent. You must create this document unless your county has pre-printed forms.
4. Order of Adoption
You must create this document (unless your county has pre-printed forms) and give it to the clerk when you file your other documents. It will be signed by the judge at the time of the adoption hearing.
5. Court Report of Adoption (VS-44)
If the adult you want to adopt wishes to change their name on their birth certificate and take on your family name, they must complete, sign, and give this form to the clerk.
This form will be signed by the clerk after the adoption hearing and will be forwarded to State Department of Vital Records to create a new birth certificate.
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File your papers
You can file the documents you’ve prepared in the county where you live or where the adult you want to adopt lives. You will need to give the clerk $20 when you file your petition for approval of adoption agreement.
If your documents are properly signed and filed, the clerk can set a hearing date to finalize your adult adoption. There is no required investigation or report to the court.
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Attend the hearing
During the hearing, the judge will ask questions to make sure everyone understands and agrees to the adoption. The judge will also want to make sure that the adoption is in the best interest of both sides. The judge will approve the adoption if there are no concerns.