What Is Adult Adoption?
Adult adoption is a legal process in which an adult over the age of eighteen is adopted by another adult. This procedure provides a way for families where a parental figure who helped raise the adoptee never completed an adoption process to have that relationship legally recognized. Once completed, the adult adoption establishes a legal parent-child relationship between the adopted adult and the adopting adult, encompassing all associated rights, responsibilities, and obligations, including inheritance rights. The regulations governing adult adoptions in California are detailed in the California Family Code §§ 9300-9340.
How to Complete an Adult Adoption
The process of adult adoption is relatively straightforward when both parties are in agreement. Key steps include drafting and filing several documents with the court, such as the petition, adoption agreement, and any required spousal consents. As there are no standardized forms for these documents, engaging an attorney can be particularly beneficial. In California, the filing fee for an adult adoption petition is $20.00.
Following the submission of documents, a court hearing will be scheduled. During the hearing, both parties will appear before a judge who will ask a few pertinent questions, including the reasons for the adoption and an acknowledgment of the legal parent-child relationship being established. If no issues or special circumstances arise, the judge will grant the adoption. Once approved, the court will send a report of the adoption to vital records. The adopted adult may then request a new birth certificate reflecting the adoptive parent’s details and, if desired, a change of last name.
Special Considerations
After an adult adoption is finalized, the birth parents are legally relieved of all parental duties and responsibilities, and they lose any rights over the adopted individual (Cal. Fam. Code § 9306(a)). However, if the adopted adult wishes for one or more birth parents to retain certain rights and obligations alongside the new adoptive parent, Cal. Fam. Code § 9306(c)allows for the waiver of the termination of parental duties by signing a waiver before the adoption is finalized. Consulting with a California attorney can provide valuable guidance through this process.