Hello, my name is Randall Hicks and I'm a California adoption attorney focusing on adult adoption. Laws and procedures for adopting an adult are both easy and complicated in California. When you adopt an adult it is easier than when adopting a child because there is no birth parent consent required, nor a home study of the adopting parent. But it is also more complicated in that the required court documents must usually be custom drafted, and there are usually more pleadings required than in the adoption of a child. My goal is to make every adult adoption smooth, fast and economical. Your job is just to sign the papers I prepare for the Superior Court and show up for the finalization hearing.
I've limited my law practice to adoption for 39 years. I'm based in southern California, but over the years I've received so many calls from people all around California that I now handle adult adoptions all over the state. I don't charge hourly, rather a flat fee of just $2,250, and that even includes the court filing fee and court costs).
I hope this review of adult adoption is helpful to you. If you prefer learning by video, please just click below. Although I discuss adult adoption here at StepparentAdoptionCenter.org (dedicated to the stepparent adoption of minors), I'd recommend you move over to my Adult Adoption Center site (focusing on the adoption of stepchildren - or an person - age 18+).
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 just 2-3 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, even out of the country, as long as one lives in California.
What are the legal effects 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 as 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. If it is a stepparent adult adoption, then the existing parent (the spouse of the adopting parent and the parent of the person being adopted) automatically keeps their parental rights.
But what if the person being adopted does not want their existing parent's rights as a parent terminated? Effective January 1, 2020, based upon a law I authored and which the legislature passed, the person being adopted can elect to keep their existing parent's rights intact as parent. This means an adult adoptee can legally have 3 or 4 parents, and all can even be listed on an amended birth certificate if desired. This extra work is all included in the $2,250 flat fee. It is not an extra fee.
Are there other benefits to adult adoption?
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 Petition for Adoption, 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. Instead, most courts expect legal pleadings (double spaced typed documents with the numbers 1-28 on the left side margin), with reference to the correct legal statutes.
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 and a new law 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. This action does not require any involvement or notice to the existing legal parents, just the adoptee signing additional documents I prepare.
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.
To learn more about adult adoption, see the qualifications and experience of adoption Randall Hicks, and schedule your free Zoom consultation, please visit our AdultAdoptionCenter.com website, dedicated exclusively to adult adoption. See you there!