California Adult Adoption does not require the Consent of the Adoptee's biological parents. California Family Code section 9302(b) states, "[t]he consent of the parents of the proposed adoptee, of the department, or of any other person is not required."
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Is the Adult Adoptee's relationship with the birth parent terminated or erased with a California Adult Adoption?
A California Adult Adoption will not terminate, erase or cut-off the legal relationship with the adoptee's birth parent, mom or dad if the adoptee files a written and signed California Family Code section 9306(c) Waiver of Termination of Parental Duties and Responsibilities with the adoption court.
How Do I Complete the California Department of Health Form VS-44 Court Report of Adoption in an Adult Adoption Case?
Currently, every California Adult Adoption court requires the California Department of Health Form VS-44, also known as the Court Report of Adoption Form to be completed as part of the case. California Department of Health Form VS-44, also known as the Court Report of Adoption Form is completed by typing (or hand printing in black ink only) the information required in each of the applicable information boxes on the form. It is generally a best practice to take the information directly from the Adoptee’s original state issued birth certificate and complete the information as requested in the boxes on the California Department of Health Form VS-44, also known as the Court Report of Adoption Form.
Does the Adoptee’s Birth Parent Need to Consent or be Notified of the Adoption?
In a California Adult Adoption case, the Adult Adoptee’s birth parent does not need to consent to the adoption or be notified of the adoption case. California Family Code section 9302(b) states, “The consent of the parents of the proposed adoptee, of the department, or of any other person is not required.”
Which Branch or Division of California Superior Court do I file my Adult Adoption Case in? Is the Adult Adoption case filed in: civil law division, family law division, probate law division, or juvenile law division?
Which Branch or Division of California Superior Court do I file my Adult Adoption Case in? Is the Adult Adoption case filed in: civil law division, family law division, probate law division, or juvenile law division? That is not an easy question to answer and requires a little bit of investigation.
Does a California Adult Adoption lead to USA Citizenship or USA “green card” status for foreign citizens?
In a California Adult Adoption case the Adopting Parent(s) and the Adult Adoptee are by definition at least 18 years old. However, under current USA immigration law, adoption only gives citizenship to foreign born minors adopted while they still under the age of 16 years old. Therefore, a California Adult Adoption does not lead to USA Citizenship or USA “green card” status for foreign born citizens.
Can I adopt an adult with developmental disabilities in California?
Adopting Parent(s) may adopt a developmentally disabled Adult Adoptee in California following the regular procedure to adopt an adult that does not have developmental disabilities. However, two additional procedural steps must be taken in this type of Adult Adoption case: Notice to the Regional Center and filing a Proof of Service on the Regional Center with the adoption court.
Is a home study or investigation required for a California Adult Adoption Case?
A home study or investigation is not required for a California Adult Adoption Case. The Judge has the discretion to require a home study or investigation into the suitability of the Adopting Parent(s) and the appropriateness of the adoption, but this simply never happens in California Adult cases. Therefore, it is safe to say that a home study or investigation is not required for a California Adult Adoption Case.
I Have Two Last Names, Which Name Do I Use in My California Adult Adoption Case?
I Have Two Last Names, Which Name Do I Use in My California Adult Adoption Case? For both the Adopting Parent(s) and the Adult Adoptee, when preparing the California Adult Adoption Petition, California Adult Adoption Agreement and the California Order of Adult Adoption (all the court paperwork) for your Adult Adoption case in California Superior Court always use your name as it shows on your birth certificate. California Adult Adoptions establish a permanent and legal family relationship that traces back to the Adopting Parent(s) birth record and the Adult Adoptee’s birth record.
I am Married, What Name Do I Use In My California Adult Adoption Case, my married name or the name on my birth certificate?
For both the Adopting Parent(s) and the Adult Adoptee, when preparing the legal paperwork for your Adult Adoption case in California Superior Court always use your name as it shows on your birth certificate. California Adult Adoptions establish a permanent and legal family relationship that traces back to the Adopting Parent(s) birth record and the Adult Adoptee’s birth record.
I LIVE OUTSIDE OF CALIFORNIA, CAN I FILE AN ADULT ADOPTION CASE IN CALIFORNIA COURT?
To answer the question "Can I file an Adult Adoption case in California," simply ask yourself does one of the Adopting Parent(s) OR the Adult Adoptee live in California? If the answer is YES, then you can file the case in the appropriate California Superior Court that handles adult adoption cases for that California County.
What is a Court Report of Adoption (Form VS44) in California?
The Court Report of Adoption (Form VS44) is used in California to obtain a new California birth certificate after an Adult Adoption.