General Provisions of Adult Adoption in California
Adult adoption can be an uncertain and confusing process. The law has many different pitfalls and requirements for a person to follow through with an adult adoption. In addition, the ultimate decision must be validated by a judge, who will decide whether or not the finalization of the adoption is in the best interest of the parties involved in the adoption. Navigating the complexities of adult adoption law can be challenging, and a person may be met with several unforeseen difficulties. Fortunately, the state of California lays out the general provisions required for adult adoption in the state's family law code.
Can An Adult Be Adopted?
Under California law, "an adult may be adopted by another adult, including a stepparent." In addition to adults eligible for adoption, married minors may also be eligible for adoption under these same guidelines.
This is covered in Cal. Fam. Code § 9300. The statute reads:
"(a) An adult may be adopted by another adult, including a stepparent, as provided in this part.
(b) A married minor may be adopted in the same manner as an adult under this part."
What Are The Spousal Consent Requirements For Adult Adoption?
In order for an adult adoption to take a place, there are special spousal consent requirements that each party must fulfill. If the adoptive parent is married, they must obtain legal proof of their spouse's consent to the adoption. Spousal consent must be obtained unless the individuals are legally separated.
This is discussed under Cal. Fam. Code § 9301. The statute reads as follows:
"A married person who is not lawfully separated from the person's spouse may not adopt an adult without the consent of the spouse, provided that the spouse is capable of giving that consent."
The adult or married minor to be adopted must also obtain spousal consent in order for the adoption to take place. One important and helpful provision of the law is that they do not need consent from their birth parents or any other person besides their spouse. Again, spousal consent is not required if the spouses are legally separated.
The provision for the adult adoptee's spousal consent is set forth under Cal. Fam. Code § 9302. This provision states the following:
"(a) A married person who is not lawfully separated from the person's spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent.
(b) The consent of the parents of the proposed adoptee, of the department, or of any other person is not required."
Can More Than One Adult Be Adopted?
Under California law, a person may not adopt more than one adult in the span of one calendar year. There are, however, a few exceptions to this rule. These exceptions include the following circumstances:
- Biological Siblings: When a person seeks to adopt multiple adult biological siblings, the law allows for them to do so without issue, provided other requirements have been met.
- Disabled Adults: A person may also adopt multiple adults who are disabled.
In addition to this, the law also places a restriction on a newly adoptive parent's spouse from adopting another adult for at least a year's time. The above exceptions to this also apply in these circumstances, as well.
The statute that sets these limits is Cal. Fam. Code § 9303. This statute reads:
"(a) A person may not adopt more than one unrelated adult under this part within one year of the person's adoption of an unrelated adult unless the proposed adoptee is the biological sibling of a person previously adopted pursuant to this part or unless the proposed adoptee is disabled or physically handicapped.
(b) A person may not adopt an unrelated adult under this part within one year of an adoption of another person under this part by the prospective adoptive parent's spouse unless the proposed adoptee is a biological sibling of a person previously adopted pursuant to this part."
Can I Take My Adoptive Parent's Last Name?
If an adoption is successful, the newly adopted adult may take the adoptive parent's last name, if so desired. In addition, a person may have their birth certificate amended once the process is complete. This will reflect that the person has been adopted by their adoptive parent.
The provision for taking on an adoptive parent's last name is under Cal. Fam. Code § 9304. This reads:
"A person adopted pursuant to this part may take the family name of the adoptive parent."
What Is Established Through An Adult Adoption?
An adult adoption established all the legal rights, duties, and responsibilities of a relationship between parent and child. This can include things such as establishing next of kin, setting forth who can hold power of attorney, and other legal entitlements.
The powers of adult adoption are set forth in Cal. Fam. Code § 9305. This statute states the following:
"After adoption, the adoptee and the adoptive parent or parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship."
What Happens To The Birth Parents After An Adult Adoption Is Completed?
When an adult adoption is completed, the birth parents of the newly adopted adult are relieved of any and all parental duties, responsibilities, and rights to and over the adopted adult. If an adult is adopted by the spouse of a birth parent, there is no change in the rights, duties, and responsibilities of that birth parent.
These provisions are outlined in Cal. Fam. Code § 9306. This reads:
"(a) Except as provided in subdivision (b), the birth parents of a person adopted pursuant to this part are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted person, and have no right over the adopted person.
(b) Where an adult is adopted by the spouse of a birth parent, the parental rights and responsibilities of that birth parent are not affected by the adoption."
Will My Adult Adoption Require A Hearing?
Adult adoptions are finalized at a hearing in front of a judge, who will sign the adoption order. The judge will consider a number of factors, including a person's arguments set forth in their petition for adoption, as well as their ability to convince the court that the adoption is in the best interest of the parties involved. These hearings can be made much simpler if a person is represented by an attorney.
The provision that states that adult adoptions must be heard out in court are in Cal. Fam. Code § 9307. This states:
"A hearing with regard to adoption under Chapter 2 (commencing with Section 9320) or termination of a parent and child relationship under Chapter 3 (commencing with Section 9340) may, in the discretion of the court, be open and public."
California Adult Adoption Attorney
Moving forward with your family can be difficult once the law gets involved, especially when you only want to solidify your already strong relationship through an adult adoption. An attorney can help you through the process. If you or your loved one wishes to seek out an adult adoption, these processes can become confusing for an outsider to the court system. The guidance of adult adoption attorney John Pearson can help you obtain your adult adoption quickly and correctly.