Adult Adoption in California: How Does it Work?
In California, adult adoption is a legal process where one adult (the adoptive parent) adopts another adult (the adoptee), creating a parent-child relationship in the eyes of the law.
Unlike traditional California child adoption, adult adoption does not require termination of parental rights from the adoptee’s biological parents.
Click on the Start Button to play an audio narrative of this blog.
Why Do People Pursue Adult Adoption?
- Inheritance Purposes – To ensure that the adoptee can inherit from the adoptive parent as a legal heir.
- Formalizing an Existing Relationship – Often used to legally recognize an existing parent-child-like relationship, such as a stepchild and stepparent or a long-term caregiver and dependent.
- Reconnecting Families – Used when an adult adoptee wants to re-establish legal ties with a previously estranged parent or guardian.
- Immigration Benefits – In rare cases, adult adoption may be used as part of a strategy for immigration sponsorship (though it does not grant automatic immigration rights).
Legal Requirements for Adult Adoption in California
- Both the adoptive parent and the adoptee must consent to the adoption.
- The adoptee must be at least 18 years old.
- If the adoptee is married, their spouse must consent to the adoption.
- There must be a genuine parent-child relationship between the parties.
- No investigation or home study is required, unlike child adoptions.
Steps to Complete an Adult Adoption in California
- File Adoption Forms – Submit a Petition for Adoption of an Adult (Form ADOPT-200) and other required documents with the Superior Court in the county where either party resides.
- Court Review – The court may request additional information to ensure the adoption is not being used for fraudulent purposes (e.g., avoiding inheritance laws or immigration fraud).
- Court Hearing – A brief hearing is scheduled where both parties may need to appear before a judge.
- Finalization – If approved, the judge issues an Adoption Order, legally recognizing the adoptive parent-child relationship.
Effects of Adult Adoption
- The adoptee may take the adoptive parent’s last name (but it’s optional).
- The adoptee gains full inheritance rights from the adoptive parent.
- The legal relationship with biological parents is not necessarily severed, but inheritance rights may shift depending on estate planning.
How Long Does the California Adult Adoption Process Take?
The length of time it takes to complete an adult adoption varies depending on several factors, including the jurisdiction and the complexity of the case.
However, in general, adult adoptions tend to be quicker than traditional adoptions or foster care to adoptions involving minors.
Here’s a breakdown of the typical timeline:
- Filing the Petition: This can typically take a few days to a couple of weeks, depending on how long it takes to gather necessary documentation and submit the required forms.
- Court Hearing: In most cases, adult adoptions do not require a home study or an investigation into the adoptive parent’s fitness. A court hearing may be scheduled shortly after the petition is filed, usually within a few weeks or months. The court will review the petition, and both the adopting adult and the adult being adopted will need to consent to the adoption.
- Finalization: If the court approves the adoption, a final decree is issued. This can happen right after the hearing in some cases, or it might take a few weeks for the court to process the paperwork and issue the final decree.
On average, the entire process could take anywhere from 1 to 3 months, but it could be longer depending on local court backlogs or if any complications arise.
Important Considerations to Adopt an Adult
- Eligibility: Both the adoptive parent and the adoptee must be at least 18 years old, and there must be at least a 10-year age difference between them unless waived by the court.
- Marriage: Married individuals must obtain their spouse’s consent to adopt or be adopted.
- Irrevocability: Once finalized, adult adoption is permanent and cannot be undone except under specific circumstances.
***
Adult adoption in California is a powerful tool for strengthening family bonds, ensuring legal protections, and securing inheritance rights.
Whether it’s formalizing a long-standing relationship, creating new family ties, or providing legal recognition, the benefits of adult adoption are profound.
By understanding the process and its implications, individuals can make informed decisions about pursuing this meaningful step in their lives.
About the Adoption Law Firm of Donnelly and Evans, LLP
Your dream of building a family through adoption is sacred – and we’re here to help make it real. At the Adoption Law Firm of Donnelly & Evans LLP, we have been guiding parents and children toward each other with heartfelt dedication for over 30 years.
We specialize in all aspects of California adoption laws, specializing in:
- Adult adoption
- Child adoption
- Foster care adoption
- Guardianship to adoption
- Legal guardianship
- Birth mother representation
We understand that adoption is a life-changing journey filled with hope, anticipation, and profound meaning. That’s why we stand beside you with both legal expertise and genuine care every step of the way.