Can I adopt an adult? Yes, you sure can!
An adult adoption is when an adoptive parent adopts a person who is over the age of 18 and not related to them. You cannot adopt an adult unless you are at least 10 years older than the adult you plan to adopt.
In order to adopt an adult, you need to file the following:
- Adoption Petition
- Adoption Agreement
- Consents of Spouses (both for adoptive parent and adult being adopted)
- Adoption Order
There are not judicial counsel forms for an adult adoption for adult adoptions in Los Angeles County. You should consult with a family law attorney to assist you with drafting these pleadings (or at least review your pleadings before filing them with the court) to ensure they are correct.
The Adult Adoption Petition:
The Adult Adoption Petition asks the court to make an order approving the adult adoption. It must contain the following:
- Name, age, birthday, and place of birth of the parties;
- How long the parties have known each other;
- Why the parties want the adoption to take place;
- If either party is marred, the name of the spouse (if any), the date of the marriage, and the names and ages of their children (if any);
- Spouses must sign consents to the adoption. Their names and the dates they signed the consents should be listed and included with the Petition.
- The date the Adoption Agreement was signed (and attach a copy of the Adoption Agreement);
- A statement that the adoption is in the public interest; and
- A request the court approve the Adoption Agreement.
The Adoption Agreement:
The Adoption Agreement is an agreement between the adoptive parent and the adult being adopted. The Adoption Agreement must state that both parties agree to assume the legal relationships of parent and child and all the duties and responsibilities of that relationship. The Agreement must be dated and signed by both parties.
Consents of Spouses:
If the adoptive parent has a spouse, the spouse must sign a consent stating they are consenting to the adoption and accept the rights and responsibilities. If the adult being adopted has a spouse, that spouse must too sign a consent to the adoption and accept the rights and responsibilities.
The Adoption Order:
The order must contain all the information that is recited in the Adult Adoption Petition and the Adoption Agreement.
Scheduling a Hearing in Adoption Court:
To finalize the adoption, you must file he paperwork described above and request an adoption hearing to get a date to appear in front of the court and request that the adoption be finalized and ordered by the court. Both the adoptive parent and the adult to be adopted need to go to the hearing.
The court will ask if the facts in the Adult Adoption Petition and Adoption Agreement are true and correct. After a few routine questions, the court will grant the adoption. All adoption proceedings are heard privately and are not open to the public. However, invited family and friends are welcomed so invite your loves ones that you wish to share this happy moment with.
If you need assistance in the adoption of an adult, or an adoption in general, do not hesitate to contact Lovette T. Mioni at Mioni Family Law to assist you. Call to set up a consultation today to get started! (424) 259-1770.
Mioni Family Law assists clients in Playa Vista, Marina del Rey, Playa del Rey, Torrance, Culver City, Santa Monica and the greater Los Angeles area.