Top Things to Know About California Adult Adoption

Published On: December 17, 2024|By |Categories: Adult Adoption|

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.

***

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.

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:

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.