How to Adopt an Adult

While it might initially sound odd or unexpected, there are several different reasons that an adult may want to legally adopt another adult in California. Why would one adult want to adopt another adult, and why would an adult want to be adopted? In some cases, adult adoptions occur in order to make a relationship between a parental figure and a person who has, for all intents and purposes, been a son, daughter, or child to them. Adult adoptions can also formalize a relationship between a foster parent and a foster child, or between a stepparent and a stepchild. Another common reason is so that the adopting adult can ensure that they are able to provide care for a disabled adult by adopting that adult. In such a relationship, the adopting adult can be in a position to establish a special needs trust or provide insurance coverage to the adoptee adult, for example.

In short, an adult adoption may be something you want to pursue if there is a reason to create legal rights and responsibilities that come with a parent-child relationship. If you want to legally adopt an adult, what steps do you need to take? Consider the following information from our San Jose adoption attorneys.

Understand the Eligibility Requirements

Sections 9300-9340 of the California Family Code govern adult adoptions in the state. In order to adopt an adult, the following must be true:

• You are older than the adult who you want to adopt;
• You have not previously adopted an adult (unless it was a biological sibling of the adult to be adopted, or the adult is disabled); and
• You must wait at least one year if your spouse or domestic partner adopted an adult within the year.

Fill Out Forms Required Under California Law

The first formal step in the adult adoption process is to fill out all required forms, which include the following:

• Adoption Agreement (ADOPT-210);
• Consent of Spouse of Adopted Person (if the adult to be adopted is married);
• Consent of Spouse of Adopting Parent (if the adopting adult is married);
• Petition for Approval of Adoption Agreement (ADOPT-200);
• Order of Adoption (ADOPT-215);
• Court Report of Adoption (known as a VS-44 form);
• Indian Child Inquiry Attachment regarding the inquiry into whether a child may be an Indian child (ICWA-010(A)); and
• Parental Notification of Indian Status regarding the inquiry into whether the child’s parents have been asked about potential Indian status (ICWA-020).

You will need to make copies of all of your forms and for all parties involved in the case, and all forms will need to be included when you file your petition for adoption.  If it is a stepparent adoption or an independent or agency adoption, additional forms are required.

File Your Petition and All Relevant Documents

Next, you will need to file your petition and all relevant accompanying documents with the court. A hearing date will then be scheduled.

Adoption Hearing

Finally, you will need to attend the adoption hearing. The judge may have questions for both the adopting adult and the adoptee, and then the judge can finalize the adoption.

Contact a San Jose Family Law and Adoption Attorney for Assistance with an Adult Adoption

To begin the adult adoption process in California, you should get in touch with one of the experienced San Jose adoption lawyers at Foster Hsu, LLP. We can discuss your circumstances with you today and can help you to move forward with your adult adoption plans.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=9300.