Author: Crystal Ordonez

Adult adoption in California is a meaningful legal process that allows individuals to formalize and solidify parent-child relationships after the adoptee has reached adulthood.

While the concept of adults adopting adults may seem foreign to those most familiar with the notion of adopting children, there are still a fair amount of instances where adult adoption is appropriate and advantageous to both the adopting parents and the adult-aged adoptee.

Adult adoption in California can be used to strengthen familial bonds, ensure inheritance rights, and provide legal benefits and protections.

What Is Adult Adoption?

People often ask, “Can you legally adopt an adult?” and “Can you adopt an adult in California?”

The answer to both questions is “Yes!”

In fact, adult adoption is legal in all 50 U.S. states, though specific requirements and procedures vary by state.

In California, adult adoption is a legal process where an adult can adopt an adult, typically through a court procedure.

Unlike traditional adoption, which usually involves minors, adult adoption is often pursued for reasons other than providing care, such as forming legal or emotional bonds, inheritance purposes, or creating a familial connection.

Some common reasons for adult adoption include:

1. Legal benefits: Adoption may allow an adult to gain inheritance rights or access to other legal privileges, such as health care benefits or family law protections.
2. Emotional connection: In some cases, adult adoptions occur when someone wants to formalize a close, lifelong relationship, especially if there has been a long-standing mentorship or parental-like relationship.
3. Family reunification: It can be used to legally cement relationships in cases where biological family ties may not exist, but there is a desire to form a family bond.

The process typically involves a petition to the court with the help of an adult adoption lawyer, and both the adopting and adopted adults must consent to the adoption.

Let’s explore the key aspects of California adult adoption with a focus on:

• Formalizing existing relationships
• Inheritance rights
• Family recognition
• Associated legal benefits and protections of Adult Adoption

1. Formalizing Existing Parent-Child Relationships

Stepparents and Adult Children

Many adult adoptions in California occur between stepparents and stepchildren who have formed a parent-child bond over time.

If a stepparent has acted as a parental figure throughout the child’s upbringing, adoption can formalize this relationship in the eyes of the law.

This is especially meaningful for families who wish to solidify the emotional and familial connection they already share.

Foster Parents and Adult Adoptees

For foster parents, adult adoption is an opportunity to establish a lifelong family bond with an individual who may have aged out of the foster care system without being adopted as a minor.

This can create a permanent legal connection that ensures the foster child has a stable family support system as they navigate adulthood.

Biological Families Reuniting After Separation

In some cases, adult adoption can be used to reunite biological parents and children who were separated due to adoption, guardianship, or other circumstances during childhood.

By legally adopting their adult biological child, parents can formalize their relationship while maintaining the adoptee’s legal rights.

2. Inheritance Rights

One of the primary motivations for adult adoption is to secure inheritance rights.

In California, legally adopted children, including adult adoptees, gain the same rights as biological children in terms of inheritance.

This is crucial in situations where:

• The adoptive parent wishes to ensure their estate is passed to the adoptee without dispute.
• The adoptee wants to safeguard their rights to inherit property, financial assets, or other benefits.

Adoption can also provide clarity and reduce the likelihood of legal challenges in California estate planning, especially in blended families or situations involving non-biological relationships.

3. Family Recognition

Social and Legal Validation

Adult adoption serves as a public and legal declaration of the familial bond between the adoptive parent and the adoptee.

This recognition can be especially significant in situations where:

• The adoptee wishes to carry the adoptive parent’s last name.
• The adoptive parent wants their relationship with the adoptee to be legally acknowledged for social or cultural reasons.

Navigating Complex Family Dynamics

In blended families, adult adoption can offer a way to recognize relationships without affecting existing familial ties. For instance, an adoptee can maintain relationships with their biological parents while formalizing their bond with a stepparent or foster parent through adoption.

4. Associated Legal Benefits and Protections of Adult Adoption

Healthcare Decisions

Adult adoption grants the adoptee and adoptive parent legal standing to make healthcare decisions for one another in emergencies.

This can be critical when the adoptive parent is the primary caregiver or support system for the adoptee.

Survivor Benefits

In cases involving Social Security, military benefits, or pensions, adult adoption may allow the adoptee to qualify as a dependent, ensuring financial security in the event of the adoptive parent’s death.

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Adult adoption is a unique legal process that can provide emotional healing, stability, and a sense of belonging for both the adoptive parents and the adoptee. Unlike child adoption, this form of legal kinship is often rooted in deep emotional connections that have developed over time.

For adoptive parents, California adoption of an adult can be a meaningful way to formalize an existing loving relationship. This might be with a long-term foster child, a close family friend, or someone who has become like a son or daughter through years of support and care.

It allows them to legally recognize a child they may have already been supporting emotionally, financially, or practically, providing a sense of completeness and official family recognition.

For the adoptee, adult adoption can offer profound emotional benefits. Many individuals who were previously disconnected from a stable family unit find healing through this process.

It can provide a sense of belonging, security, and unconditional love that may have been missing from their earlier life experiences. The legal recognition can be particularly powerful for those who have felt isolated or lacking a true family support system.

While adult adoption is different from child adoption, it shares the core essence of creating a loving, committed family relationship. It acknowledges that family is not solely defined by biological connections, but by love, support, and mutual commitment.

While there are many tangible benefits to adult adoptions, the most significant benefit is often the emotional closure and sense of belonging that comes from choosing and being chosen by a family.

Stepparent adoption is a significant and transformative step for families, offering a legal pathway to solidify the bond between a stepparent and their stepchild. 

Stepparent adoption can be a profoundly emotional and transformative experience for both the child and the adopting stepparent. 

Click on the Play Button of the above audio file to listen to a narrative podcast of this article.

Some of the key emotional benefits include:

For the Child

1. Sense of Belonging: Adoption formalizes the familial bond, creating a deeper sense of inclusion and security in the family.
2. Stability and Security: Knowing that their stepparent is legally committed to them can foster emotional stability and reassurance.
3. Identity and Self-Worth: Taking the same last name as their family (if applicable) can strengthen a child’s sense of identity and belonging.
4. Closure: It can provide emotional closure by resolving any ambiguity about the child’s family structure.

For the Stepparent

1. Recognition of Commitment: The adoption is a formal acknowledgment of their role and dedication as a parent.
2. Strengthened Bond: It often deepens the emotional connection between the stepparent and child.
3. Empowerment and Fulfillment: Becoming a legal parent can give the stepparent a sense of fulfillment and empowerment in their caregiving role.
4. Sense of Family Unity: Adoption fosters a greater sense of family togetherness and shared responsibility.

For the Family Unit

1. Legal and Emotional Harmony: It eliminates any legal uncertainties, fostering peace of mind for everyone involved.
2. Celebration and Joy: The adoption process, though legal in nature, is often celebrated as a joyous occasion, bringing the family closer together.

Overall, stepparent adoption is more than a legal procedure; it is an act of love that validates and strengthens emotional bonds within the family.

In California, the process is relatively streamlined compared to other types of adoption, but it still involves legal, financial, and procedural considerations. 

At Donnelly & Evans, LLP, we’ve overseen hundreds of stepparent adoptions over the years. And while people think of infant adoption and foster care adoption as the traditional adoption processes, we’ve seen some of the most special, life-changing moments occur when a stepparent adoption closes.

This guide provides an overview of the key aspects, including legal requirements, birth parent rights, court procedures, timeline expectations, and costs.

Legal Requirements of Stepparent Adoption

Stepparent adoption in California requires meeting specific legal criteria:

1. Marriage or Domestic Partnership: The stepparent must be married to or in a registered domestic partnership with the child’s biological parent.
2. Consent: The custodial parent, who is married to the stepparent, must provide written consent to the adoption.
3. Birth Parent Termination: The non-custodial parent must consent in writing to the adoption. Otherwise, the parental rights of the non-custodial birth parent must be terminated through a court order.

Obtain Consent of Other Birth Parent or Terminate Parental Rights

The rights of the non-custodial birth parent are a crucial aspect of the process. California law protects their rights, and their consent is typically required. If consent is obtained, you can proceed with the adoption process and no termination of parental rights is required.

 Consent is not required in the following situations:

• The other parent is deceased.
• The other parent signs a Waiver of Right to Further Notice (depending on status of parent.)
• The other parent signs a Denial of Paternity (depending on status of parent.)
• You cannot locate the other parent and can demonstrate your efforts to locate them to the court.
• You do not know the identity of the other parent and can demonstrate your efforts to find their identity to the court.

If the other parent does not consent, it is now considered a “contested” stepparent adoption and parental rights can only be terminated by the court.

Termination of parental rights requires a petition to the court separate from the stepparent adoption request. Rights may be terminated if the birth parent has failed to provide financial support or communicate with the child for at least one year. These proceedings, much like an adoption, are highly confidential.

Oftentimes, the court will need to conduct a trial to determine whether their rights should be terminated.

Court Procedures for Stepparent Adoption California

The stepparent adoption process involves several steps:

1. Filing a Petition: The process begins with filing an Adoption Request in the family court of the county where the family resides. Sometimes, an attorney will opt to simultaneously file an Adoption Request and Petition to Terminate Parental Rights if they are unsure about being able to obtain the consent of the non-custodial parent.
2. Consent Forms: Written consent from the custodial parent and, if applicable, the non-custodial birth parent is submitted.
   1. If the non–custodial parent does not consent, a separate proceeding to terminate parental rights proceeding may be necessary before finalizing the adoption.
3. Agency Investigation: The court requires an investigation to ensure the adoption is in the best interests of the child. The stepparent may need to be interviewed along with the child. 
4. Hearing: A final hearing is held, during which the judge reviews the case and, if all requirements are met, approves the adoption.

Timeline Expectations

The timeline for stepparent adoption in California varies based on factors like consent from the birth parent and court schedules. 

Generally, the process takes between 4 to 6 months. However, contested cases or those requiring additional investigations may take longer.

• Uncontested Cases: 4 to 6 months.
• Contested Cases: Approximately 1 year.

How Much Does Stepparent Adoption Cost?

The cost of stepparent adoption in California can vary widely based on the complexity of the case. 

On average, families can expect to pay between $700 and $3,500. Here are the primary expenses:

1. Filing Fees: These are only $20 and cover the cost of a new birth certificate. 
2. Legal Fees: If you choose to hire an attorney, fees can range from $1,500 to $3,000.
3. Agency Investigation Fees: In most cases, an investigation will be required, costing from $700 to $1,500.
4. Additional Costs: Miscellaneous expenses, such as document preparation or obtaining certified copies, may add another $100 to $200.

Many families find that using a long-tenured adoption lawyer can simplify the process and ensure all legal requirements are met. However, self-representation is an option to reduce costs.

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Stepparent adoption is a meaningful step in uniting families and providing children with a sense of security and belonging. 

Understanding the costs, legal requirements, birth parent rights, court procedures, and timelines can help families navigate the process effectively. 

Whether through the help of an adoption attorney or by following the self-help resources provided by California’s family courts, this journey can culminate in a joyful and legally recognized family bond.