WHAT IS ADULT ADOPTION?

An Adult Adoption creates a parent-child relationship that is equal in strength, legality, and responsibility to a biological or “natural” parent-child relationship. Adult adoptions involve legally adopting an individual who is 18 years of age or older.

At the Adoption Law Firm of Donnelly & Evans LLP, we understand the diverse motivations behind adult adoptions.

adult adoptions

UNDERSTANDING CALIFORNIA ADULT ADOPTION

Here are key points about adult adoption:

1 DEFINITION

  • It’s the formal, legal adoption of a person who is already an adult (typically 18 years or older), granting them the same rights and responsibilities as if the adult who is being adopted was naturally born to them.

2 PURPOSE

  • Creates a parent-child relationship equal in strength, legality, and responsibility to a biological or “natural” parent-child relationship

  • To establish legal inheritance rights

  • It can be a pathway to formalize a relationship between a foster parent and an adult foster child or a stepparent and an adult stepchild, among other scenarios

  • To restore the legal relationship between an adult adopted child and his or her birth parent

3 LEGAL EFFECTS

  • Creates a legal parent-child relationship

  • Can affect inheritance rights

  • May terminate the adopted adult’s legal relationship with biological parents

4 REQUIREMENTS IN CALIFORNIA

  • Age: Both parties must be adults

  • Consent: Both the adopting adult and the adult being adopted must consent

  • Capacity: Both parties must be legally competent to enter into the agreement

  • There is no minimum age difference between the prospective adoptive parent(s) and the proposed adoptee; the adoptee must merely be “younger than” the adoptive parent

  • California is one of the most adult-adoption friendly states in the U.S.

5 PROCESS

  • Considerably simpler than adopting a child

  • Considerably less costly than adopting a child

  • Involves filing a petition with the court

  • Usually requires a hearing before a judge to finalize the adoption

6 REVERSIBILITY

  • In California, it is much simpler to set aside an adult adoption

  • Only the adoptee may file to set-aside the adult adoption

7 LESS OVERSIGHT

  • Does not require home studies or extensive background checks

  • No investigation report is required

Adult adoption laws can be complex and vary by jurisdiction. It’s crucial to consult with a local adoption attorney to understand the specific requirements and implications in your area.