Adult adoption in California

If you want to adopt someone who is 18 or older (the adult), you may be able to do so through the adult adoption process.

You may be an unrelated individual with an ongoing “parent/child” type of relationship with the adult. You may also be a stepparent to the adult, a domestic partner of one of the birth parents, or a relative of the adult.

Once a judge approves an adult adoption, you and the adult will have the legal relationship and responsibilities of a parent and child relationship.

Rules on adult adoptions

Rights and responsibilities will change once the adoption is finalized.

Talk to a lawyer if you want to understand how the adoption could affect support, caregiving, and inheritance.

Adopt an adult

Complete paperwork

Check with your Self-Help Center to see whether there are additional local forms you must complete in order to file your adoption paperwork. Some counties may have pre-printed, fillable forms you can use. They can also help you find out whether to fill out your paperwork online.

1. Adoption agreement You must create this document (unless your county has pre-printed forms). The agreement must use special language. See the sample adoption agreement for language you can use. Once you have created this agreement, you and the adult you want to adopt will sign it.

Do the birth parents or adult children need to agree to the adoption?

The birth parents or adult children of the adult you wish to adopt do not need to agree (consent) to the adoption. If the court needs more information, the court may let the birth parents or adult children know about the adoption hearing. They may be allowed to come to the hearing and give information to help the judge make a decision.

See the sample petitions for language you can use. If you are a stepparent, use the stepparent sample. Once you have created this petition, you and the adult you want to adopt will sign it. You will attach a copy of the signed agreement to this petition as an exhibit.

3. Consent of Spouses

If you have a spouse or domestic partner, they must agree (consent) to the adoption. Also, if the adult you want to adopt has a spouse or domestic partner, they also must consent. There are some exceptions to this rule but the court would need proof of why you can't get consent. You must create this document unless your county has pre-printed forms.

4. Order of Adoption

You must create this document (unless your county has pre-printed forms) and give it to the clerk when you file your other documents. It will be signed by the judge at the time of the adoption hearing.

5. Court Report of Adoption (VS-44)

If the adult you want to adopt wishes to change their name on their birth certificate and take on your family name, they must complete, sign, and give this form to the clerk.

This form will be signed by the clerk after the adoption hearing and will be forwarded to State Department of Vital Records to create a new birth certificate.

There are special rules if you are adopting a developmentally disabled adult.

You must let certain people know about the adoption hearing. Contact your Self-Help Center to learn more if you are in this situation.

File your papers

You can file the documents you’ve prepared in the county where you live or where the adult you want to adopt lives. You will need to give the clerk $20 when you file your petition for approval of adoption agreement. If your documents are properly signed and filed, the clerk can set a hearing date to finalize your adult adoption. There is no required investigation or report to the court.

The judge can ask the department of social services to investigate and report on the adoption for any reason. This might happen if the adult is developmentally disabled or if your relationship with the adult has been for a very short period of time.

Attend the hearing

During the hearing, the judge will ask questions to make sure everyone understands and agrees to the adoption. The judge will also want to make sure that the adoption is in the best interest of both sides. The judge will approve the adoption if there are no concerns.