Can an Adult be Adopted in California?

 

Can an Adult be Adopted in California?

 California Family Code Section 9300 et seq. states that “an adult may be adopted by another adult, including a stepparent.”  Even a married minor may be adopted in the same manner as an adult under this Family Code Section.

Los Angeles adult adoptions can be filed and heard at the Children’s Court House located at 201 Centre Plaza Drive, Montery Park, CA 91754-2158.  They can also be filed and heard in the district court where the petitioner resides.

In order to commence the adult adoption process, a verified petition shall be filed, along with the consent of spouse of adoptee, consent of spouse of adopting party, decree of adoption, and agreement of adoption.  At the Children’s Court, these pleadings are to be filed in Room 2100.  In other districts, the pleadings can be filed as directed by the Supervising Judge.

A married person who is not lawfully separated from the person’s spouse may not adopt an adult without the consent of the spouse, provided that the spouse is capable of giving that consent.

A married person who is not lawfully separated from the person’s spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent.  The consent of the parents of the proposed adoptee, of the department, or any other person is not required.

A person may not adopt more than one unrelated adult under this part within one year of the person’s adoption of an unrelated adult, unless the proposed adoptee is the biological sibling of a person previously adopted pursuant to this part or unless the proposed adoptee is disabled or physically handicapped.

A person may not adopt an unrelated adult within one year of an adoption of another person by the prospective adoptive parent’s spouse, unless the proposed adoptee is a biological sibling of a person previously adopted.

After adoption, the adoptee and the adoptive parent or parents shall have the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.

The birth parents of a person adopted, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted person, and have no right over the adopted person.  Where an adult is adopted by the spouse of a birth parent, the parental rights and responsibilities of that birth parent are not affected by the adoption.

Upon the filing of the petition for adult or married minor adoptions, the clerk will set the matter for a hearing where the judge will grant the adult adoption.

 

If you would like assistance with filing for an adult adoption in California, or an adult adoption in Los Angeles County, please do not hesitate to call Lovette Mioni at Mioni Family Law at (424) 259-1770.