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CALIFORNIA ADULT ADOPTION
A People’s Choice can save you hundreds of dollars by preparing your California adult adoption documents instead of an expensive attorney!
Adoption Learning Center Our online learning center provides quick access to valuable information contained in our web
site, California and Federal Codes, Court web sites and other legal sources of information.
What is an Adult Adoption?
An adoption creates a legal relationship between two parties that previously did not exist. It
declares that the person being adopted is legally the “child” of the adoptive parent and becomes the adopting parent's legal
heir. The person being adopted is entitled to all of the rights and privileges and is subject to all of the obligations of a child
born to the adoptive parent. There are three main reasons people pursue the adoption of an adult person:
Inheritance. This is the most common reason for adult adoption, which creates a parent-child relationship that will
be legally recognized so that the adopted person can inherit from the adoptive parent(s). Formalizing a parent-child relationship. When a previous stepparent-stepchild, foster parent-foster child, or informal
parent-child relationship existed, the adult parties may want to formalize the relationship through adoption. Perpetual Care. If the person to be adopted is of diminished capacity or abilities, adoption may provide a means of
assuring him/her of lifetime care under family insurance, as a legal family member, or through inheritance.
Adult Adoption Requirements: Any adult person may adopt another younger person. The
person being adopted may be unrelated, an adult stepchild, niece, nephew, cousin or grandchild of the adopting person. Often in a stepparent situation, when the legal parent’s
rights cannot be terminated nor consent obtained, the parties can wait until the minor is 18 and proceed with an adult adoption. In adult adoptions:
- Neither the consent of the natural parent or parents of the person to be adopted is required.
- A Social Services investigation is typically not required.
- The person being adopted may elect to change his or her name through the adoption proceeding or may elect to keep his or her existing name.
- Spousal consent is required if a party is married.
A person may not adopt more than one unrelated adult within one year of the person’s adoption of an unrelated adult,
unless the proposed adoptee (the person being adopted) is a biological sibling of a person previously adopted or unless the
proposed adoptee is disabled or physically handicapped. In addition, a person may not adopt an unrelated adult within one
year of an adoption of another person by the prospective adoptive parent’s spouse unless the proposed adoptee is a biological sibling of a person previously adopted.
Who must consent to the adult adoption? A married person who is not lawfully separated from their spouse may
NOT ADOPT an adult without the consent of their spouse, provided their spouse is capable of giving that consent. A
married person who is not lawfully separated from their spouse may NOT BE ADOPTED without the consent of their
spouse, provided that their spouse is capable of giving that consent. The consent of the parent(s) of the proposed adoptee
, the Children’s Department of Social Services, or any other person is not required.
The process: Since there is no required investigation, adult adoptions can usually be completed within a very short period
of time - usually 1 to 2 months.
A People’s Choice can save you hundreds of dollars by preparing your California adult adoption documents instead of an expensive attorney!
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