Adult Adoption in California

How to Adopt an Adult in California

Disclaimer: This guide is intended as general information only. Your situation may have factors requiring different procedures or forms. If you need further assistance, consult a lawyer.

Click here to download this guide with step-by-step instructions for completing the forms.

BACKGROUND

Adult Adoption is a legal procedure in which an adult may adopt another adult. The adopting parent must be older than the adoptee. Once and adult adoption is complete, the parties assume toward each other a legal parent-child relationship, with all associated rights and responsibilities of such a relationship, including inheritance rights. 

Except in stepparent adoptions, an adult adoption severs all other existing parent-child relationships.  In a stepparent adoption, the adoptive parent's spouse retains their parent-child relationship with the adoptee. 

The procedures for adopting an adult in California are found in Family Code sections 9300-9340.  Anyone considering an adult adoption should read these code sections. You can find the Family Code as follows:

• Deering's California Code Annotated KFC 30.5 .D4 
• West's Annotated California Codes KFC 30 .W48 
• Online at www.leginfo.ca.gov/calaw.html 

 PROCEDURE

Forms required
There are no fill-in-the-blanks forms for adult adoptions. You will need to draft your own pleadings. The documents that you file with the court must contain very specific language. The Law Library has resources that provide models of these documents, which you can use as a guide for drafting your own pleadings. Samples of the required documents, with instructions, are also found here. Customizable samples of these documents can also be downloaded from the links below. The required documents for an adult adoption are:

• The Adoption Agreement.  This states that the parties agree to assume toward each other the legal relationship of parent and child, and to have all of the rights and be subject to all of the duties and responsibilities of that relationship.      
• The Petition.  This is the formal request that the court approve the Adoption Agreement.  This document must provide specific details, including the ages of the parties, the nature and length of their relationship, and the reasons the adoption is being sought. Be clear and specific about why the adoption would be in the best interest of the parties.
• The Order of Adoption. This is the formal court order granting the adoption.  Present this at the adoption hearing for the judge to sign.
• Spousal Consent(s). If the adopting parent or adoptee is married, consent of the spouse(s) is  required.
• • Consent of spouse of adopting parent
  • Consent of spouse of adopted person

1. Prepare the Adoption Agreement (it does not have to be notarized), Petition, Order of Adoption, and any required Spousal Consents. Make copies for all parties and for the Court.
2. Call the Clerk of the Probate Court to see if form VS-44, Court Report of Adoption, is necessary. If so, the Clerk may provide the form. Otherwise, request the form by mail from the California Department of Public Health, Office of Vital Records, MS 5103 P.O. Box 997410, Sacramento, CA 95899-7410. This form is not available online.
3. File your Petition with the clerk of the Probate Court, along with the blank VS 44, if required. Your Adoption Agreement and Spousal Consents should be attached to your Petition as exhibits. You may file in the county where either the adopting parent or adoptee resides. The clerk will endorse your petition and give you a case number.
4. Pay the filing fees, and ask for a hearing date.
   If the adoptee is a developmentally disabled adult, you must give a 30-day notice of the hearing to the director of the regional center for the developmentally disabled. The center will file a written report with the court regarding the suitability of the adoption (Family Code §9327).
5. Attend the adoption hearing. Both parties must be present at the hearing. Bring your Adoption Agreement and Order of Adoption to your hearing. The court will ask you about the reasons for this adult adoption.  Make sure that the statements in your Petition are clear and specific, so you can refer to the Petition as you speak to the judge.
6. After your hearing, file your papers with the clerk in the Probate Department. The clerk can provide you certified copies of the Order of Adoption upon your request. 
7. After the adoption is final, the probate clerk will mail the VS-44 to the State Registrar at the Department of Health Services. You will receive an amended birth certificate that reflects this adoption. It may take several months for the Department of Health Services to process your amendment.

 FOR MORE INFORMATION

Encyclopedias and Law Summaries
These titles provide more detail and references to relevant cases and codes.

California Jurisprudence (CalJur 3d). KFC 80 .C35
Vol. 32, Family Law, Sections 161,172, 212 and 230 specifically cover Adult Adoption.
Electronic access:  On the law library computers, using Westlaw.

Witkin Summary of California Law.  KFC 80 .W57
Vol. 10, Parent and Child, Sections 154 through 156.
Electronic access:  On the law library computers, using Westlaw.

In-Depth Information
Each of these manuals includes detailed text and more samples of the pleadings you will need to draft for your case.

California Forms of Pleading and Practice Annotated.  KFC 1010 .A65C3 [FORMS]
Vol. 2, Chapter 12C, Adoption: Adults and Unmarried Minors.
Electronic access:   On the law library computers, using the LexisNexis CD.

California Transactions Forms:  Family Law.  KFC 68 .F3 [FORMS]
Chapter 6, Section III:  Adoption of Adult or Unmarried Minor.
Electronic access:  On the law library computers, using Westlaw.