What is an adult adoption?

Adoption isn't just for children. Actually, adult adoption (adopting a person aged 18 or over) is quite common. When you adopt an adult it creates a parent-child relationship, and legally terminates the parental relationship of the parent who is being displaced.

Adult Step Parent Adoption Is the most common type of adult adoption.

Most adult adoptions are by a step parent. Often they did not do the adoption when the adoptee was a child due to the fact the absent parent would not consent. An adult adoption does not require the absent parent's consent, however. Also, if desired, an adult adoption even gives you the chance to do a free name change (such as the adoptee taking the last name of the adopting parent). But not every adult adoption is a step parent adoption, as where the adoptee has formed a strong relationship with replacement parenting figures, whether a couple, or a single woman or man.

Is a home study required when I adopt an adult?

One of the main differences between adult adoption (when the adoptee is aged 18 or over), and adopting a child, is that there is no home study or investigation required of the adopting parent. This not only saves the cost of paying for a home study, but it also eliminates the delay in finalizing the adoption for the home study to be completed. As a result, most finalization hearings to grant adult adoptions are within about two months of starting the process.

Do we need the consent of the absent parent?

This is another key area where the laws governing adult adoption are completely different than when adopting a child. There is no legal requirement to obtain the consent to adoption from the parent who is being replaced by the absent parent. In fact, there is no legal requirement to even give notice to the absent parent. A special Consent to Adoption  must be signed, however, by the spouse of the adopting parent as well as the spouse of the adoptee, if either are married.

In what court do we file our Petition for Adoption?

The Petition for Adoption  is filed in the Superior Court (not the Municipal Court) and in the county in which either the adopting parent(s) or the adoptee resides. So one of the parties can reside out of state, as long as one lives in California. There is a $20 filing fee which I pay out of my flat legal fee, so not an extra expense to you.

What are the legal consequences of an adult adoption?

The adopting parent(s) and the adoptee are agreeing to assume the benefits and responsibilities of the parent-child relationship, as if the child were born to the parent. Although these responsibilities may not be extensive as with a child, it does give the right to inherit if one party were to die without a will (and the laws of intestate succession were to apply). For the adoptee, it legally terminates the relationship with the parent or parents whose rights are being terminated so the adoption can occur. This is not true in a stepparent adult adoption, where the existing parent of the adoptee, and spouse of the adopting parent, keeps their parental rights. A new law, however, effective January 1, 2020 and co-created by Randy, now allows the adoptee to keep additional parent's rights, potentially allowing the adoptee to have three or four legal parents. So, these "extra parent' adoptions can be done and there is no additional legal fee, despite the fact extra legal work is required.

Adult adoption helps avoid a potential legal challenge to a will or trust if property is being left to a person who is not legally adopted. It can also show a legal family relationship when making healthcare decisions for an aging parent. Also, for young adoptees, adult adoption can often extend a child's eligibility for health insurance under the adopting parent's insurance. For example, many policies end for a stepchild at age 18, but can continue until age 25 if the child is a lawful child rather than just a stepchild.

What legal documents are required by the court?

All cases differ, but usually 7-12 documents must be prepared and filed with the court (depending on your case and the county in which you live). They include the Adult Petition for Adoption, the Adult Adoption Agreement,  the Spousal Consent (if either the adopting parent or adoptee is married) and the Order of Adoption, to name but a few of the basic ones.

Another common document is the VS-44, which (if desired by the adoptee) creates a new birth certificate, replacing the original one, and will state the name of the new parent(s) in place of the replaced parent(s). It also allows the adoptee to have his or her name legally changed on the birth certificate - such as taking the last name of the adopting parent(s).

What can make an adult adoption more complicated than a minor's adoption?

When you adopt a child under age 18, there are what are called Judicial Council forms. These are “fill in the blank" forms so the judges are seeing uniform forms, and it is simpler for both lawyers and non-lawyers to fill them out. There are no state Judicial Council forms for adult adoptions, however. To see a sample of what Randy's drafted Adult Petition for Adoption  looks like, click here to see the first two pages of what is usually a 5-7 page document. This is one of many custom documents that each adult adoption normally requires.

Another complicated issue is if the adoptee wants to keep the rights of his or her birth parents, which would otherwise be terminated by the adult adoption. If the adopting parent is the spouse of one of the adoptee's parents (such as in a stepparent adoption situation) the spouse of the adopting parent automatically keeps their parental relationship with the adoptee intact. But the "absent" parent's rights would automatically end as a technical matter.

Until a few years ago, there was nothing to do about this if the adoptee wanted to be adopted, but still keep their birth mother and/or birth father's rights intact. Now it CAN be done, thanks to a law Randy wrote and got passed through the California legislature that allows the adoptee to keep the rights of one or both current legal parents. This means s/he can be adopted AND still keep Current parents' rights, which in theory could give the adoptee three or four legal parents. This action does not require any involvement or notice to the existing legal parents, just the adoptee signing additional documents Randy prepares.

"Form Stores" and Avoiding Unintended Consequences

One option you may see advertising online are what are known in the legal world as "form stores." These are businesses which prepare forms for about every legal issue, including adult adoption, in every state. The problem is not only are these people not adoption  attorneys, they are typically not attorneys at all. And they do forms and documents for every county in every state, the Walmart of legal forms. The quality of what you get is very questionable, as you are likely trusting the creation of your family to a $12-an-hour clerk located in a distant state. Since these entities are not attorneys, they can't give you legal advice or file the documents on your behalf. So it is you who has to go to court, try to find the right place to file your documents and pay your filing fee, and deal with any problems the clerk may have before accepting the documents.

Hiring an attorney is the wise choice, but not just any generic family law lawyer who mainly does divorce and child custody and only dabbles in adoption. If you select a lawyer to do your adult adoption who is not knowledgeable in the legal nuances of adult adoption, serious unintended consequences can occur, such as terminating the rights of a parent unintentionally due to the adoption. Few attorneys understand this nuance and know the special additional pleadings that must be filed in such adoptions for which there are no forms.

Is there a court hearing?

Yes, although most counties are now eliminating in-person court hearings and instead doing them by video hearing, making the process easier. For those counties that are still requiring the traditional in-person court final hearing to grant the adoption, both the adopting parent(s) and the adoptee must attend the hearing. Guests are permitted to attend and almost all judges treat the finalization as equal parts court hearing and celebration. In fact, the usual court rule of not allowing cameras in the courtroom is normally waived so you can take photos with the judge when the adoption is approved.

Randy's Experience and Fees for adult adoption

Experience. Please see my qualifications below from 37 years of practicing adoption law exclusively. Links to verify my credentials are provided to the Academy of the Better Business Bureau, Wikipedia, AVVO client reviews and Amazon (regarding my books on adoption). You can also learn more about me and my history as an attorney here.

Fees. I start with a free consultation. (I ask that you first complete my online Adult Adoption Questionnaire, which gives me the information needed to fully understand your desires and goals in adult adoption and give me the information needed to prepare your legal documents should you elect to go forward.) The consultation is very detailed, takes 30-40 minutes and we do it by Zoom.

I don't have paralegals or associate attorneys, so you deal only with me. I have a flat-fee (not hourly) of $2,250.

If you live outside the SoCal Counties where I traditionally work (Los Angeles, San Diego, Riverside, Orange Ventura and San Bernardino), I can usually still assist you, since most courts allow attorneys to appear by video or other remote means. Even local attorneys usually appear by video for most hearings in today's legal world.