An adult adoption is when someone adopts a person who is a legal adult and not related to them. An adult adoption changes the legal rights of the adoptive parent and the adoptee. Adoption of adults differs from the adoption of children in three major ways:

No parental consent is required and notice is not required to be served on the natural parent.

No agency investigation is required (although the court may order one if it is deemed necessary).

Adult adoptions can be terminated by the adoptee on petition to the court and notice to the other party.

The law

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.

Family Code--KFC30.5 .D4F31 (also copies at the Reference Desk)

Family Code Annotated-KFC30 .W48F36

This contains the identical law, but adds explanatory notes that provide you with references to other publications for further research.

Forms required

There are no fill-in-the-blanks forms for adult adoptions. There are three or four main documents-also known as pleadings--that must be filed with the court. These documents must contain very specific language. You can consult law library resources to find models of these documents, which you will use as guidelines for typing up forms/pleadings customized to the facts of your own situation.

The Adoption Agreement. This states that the parties agree to assume toward each other the legal relation 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 (for Approval of Adoption Agreement). This document must provide many specific details, including the ages of the parties and the nature and length of their relationship, the reason(s) the adoption is being sought and why it would be in the best interest of parties, and the request that the court approve the agreement of adoption.

The Order of Adoption (also called the Decree). This is presented to the judge at the adoption hearing, for him/her to sign. This becomes the Decree.

Consent(s). In addition to the above three documents, if the adopting parent or the proposed adoptee is married, a spousal consent document also will be required.

Procedures==

(This library guide is an introduction only. To understand and to be in full compliance with the legal requirements of this court procedure, you may need to do further investigation in the library materials listed below and/or consult an attorney.

Be aware that there will be variations in this procedure and in the documents required if the adoptee is a developmentally disabled adult.)

Type the Agreement (it does not have to be notarized), the Petition, the Order, (and Consent forms as needed). Make copies for all parties and for the Court.

File the Petition with the Clerk of the Probate Court, and ask to set a hearing.

Pay the filing fees.

Go the hearing; take with you the Agreement and the Order for the Judge to sign.

==External links

The Source