Adult Adoption Lawyer | San Diego, Orange, Riverside & San Bernardino Counties

 

tten by Randall Hicks, adoption attorney with 39 yeas experience

Adoption is not limited to children. Adult adoption, meaning the adoption of a person who is 18 years of age or older, is actually quite common, particularly in the case of adult stepchildren. Even so, many people still ask, “Can I legally adopt an adult?”

This page is intended for those who genuinely want to understand the laws, procedures, costs, and timelines involved in completing an adult adoption, with a specific focus on San Diego, Orange, Riverside, and San Bernardino Counties. If you live outside these counties, click here for my broader statewide review.

If you are seeking to adopt a stepchild who is a minor under the age of 18, or a child who is a minor but not a stepchild, this is not the correct page. This article is dedicated exclusively to adult adoption. Please refer instead to the detailed pages addressing stepparent adoption of minors or independent adoption.

Adopting an adult creates a legal parent and child relationship. In most cases, an adult adoption can be completed in approximately three months from start to finish. The person being adopted, referred to as the adoptee, has the option either to have the adopting parent or parents replace their birth parents (which legally terminates the existing parent and child relationship), or to retain their existing parents’ rights and simply add the adopting parent or parents as additional legal parents. This option exists due to legislation written by adoption attorney Randall Hicks and passed by the California Legislature in 2020.

A QUICK SUMMARY OF HOW TO ADOPT AN ADULT IN CALIFORNIA

This section provides a general overview of adult adoption in California for 2026. More detailed explanations, frequently asked questions, and statutory references appear later in this article.

The primary legal requirement for adult adoption is that the adoption must be in the best interests of the adopting parent or parents and the adoptee, and also in the public interest. In practical terms, the court must be satisfied that the adoption is not harmful to the public for any reason. Family Code section 9328. Courts generally expect to see a genuine parent and child relationship between the parties.

Adult adoptions are handled in the Superior Court of each county. To file a petition for adoption, either the adopting parent or the adoptee must be a California resident. The petition is usually filed in the county of residence, although in some cases it may be filed in the county where the adoptee was born.

Both the adopting parent and the adoptee must be at least 18 years old, and the adopting parent must be older than the adoptee.

In almost all adult adoptions, a home study is not required. There is also no requirement to obtain consent from the adoptee’s current legal parents, nor is there a requirement to provide them with notice of the adoption.

Depending on the county in which the case is filed, between 7-13 legal pleadings are typically required. Adult adoption cases involve a single court hearing. Once the adoption is granted, the court issues certified copies of the Order of Adoption. As part of the same proceeding, the adoptee may request a legal name change and the issuance of an amended birth certificate.

STEP PARENT ADOPTION IS THE MOST COMMON TYPE OF ADULT ADOPTION

The majority of adult adoptions involve a stepparent adopting an adult stepchild. In many families, the adoption was not completed while the child was a minor because the absent parent would not consent. Once the child reaches adulthood, the absent parent’s consent is no longer required, and this obstacle is removed. Family Code section 9302(b).

When a stepparent adopts an adult stepchild, the spouse of the adopting stepparent, who is the biological parent of the adoptee, automatically retains their parental rights because it is their spouse who is adopting.

If the adoptee wishes to retain the parental rights of a biological parent who is not married to the adopting stepparent, the court’s order may specifically state that those rights are not terminated. For example, if John is married to Tammy and adopts Tammy’s adult son Mark, Tammy automatically remains Mark’s legal mother. John becomes Mark’s legal father. Mark then has the option either to terminate the rights of his other legal parent or to have the court order preserve those rights. Family Code section 9306.

Not all adult adoptions involve stepparents. In many cases, adult adoption reflects the reality that an adoptee has formed a long-standing parent-child relationship with one or more individuals who are not their legal parents and wishes to formalize that relationship.

Neither the adopting parent nor the adoptee is required to be a United States citizen. However, an adult adoption does not confer citizenship, create immigration benefits, or provide visa rights. It cannot be used to circumvent immigration laws.

WHAT ARE THE LEGAL CONSEQUENCES OF ADULT ADOPTION?

By completing an adult adoption, the adopting parent or parents and the adoptee agree to assume the legal benefits and responsibilities of the parent and child relationship, as though the child had been born to the parent.

While these responsibilities are typically less extensive than those associated with raising a minor child, adult adoption does establish inheritance rights if one party dies without a will and California’s laws of intestate succession apply. Family Code section 9320(b).

Depending on the adoptee’s wishes, the adoption may legally terminate the parent and child relationship between the adoptee and one or more existing legal parents, or it may preserve those relationships as permitted by law. (More on this below.)

IS A HOME STUDY REQUIRED WHEN YOU ADOPT AN ADULT?

No. Because adult adoption does not involve minor children, there is no legal requirement for a home study or investigation. Eliminating this requirement saves both time and expense.

Without a home study, most adult adoptions are completed within two to three months from the start of the process. Although the court technically has the authority to order an investigation, this is extremely rare and would typically occur only if a judge observed something that raised serious concern. Family Code section 9325.

An exception may apply when the adoptee has developmental disabilities and the adopting parent operates a board and care facility or similar treatment program. Family Code sections 9326 and 9327.

WHAT PAPERWORK IS REQUIRED?

One of the few drawbacks to adult adoption is the amount of legal paperwork involved. Adult adoption often requires more documentation than the adoption of a minor child.

Unlike minor adoptions, which use standardized Judicial Council forms, adult adoptions do not have approved Judicial Council forms. As a result, most documents must be prepared as formal legal pleadings. These pleadings are typically double-spaced and numbered along the left margin.

Depending on the county, required documents may include a statement of related case, certificate of assignment regarding jurisdiction, court cover page, petition for adoption, adoption agreement, spousal consents when applicable, order of adoption, VS-44 birth certificate form, notices and orders regarding remote hearings, and waivers preserving parental rights when requested by the adoptee.

Although this may sound intimidating, the process is straightforward for an attorney experienced in adult adoption. Precision is critical because adoption permanently affects the legal status of a family.

CAN THE PERSON BEING ADOPTED CHANGE THEIR NAME AND GET A NEW BIRTH CERTIFICATE?

Yes and yes. An adult adoptee may change their name and may also obtain an amended birth certificate.

Although the Family Code states that an adoptee may take the last name of the adopting parent, Family Code section 9304, courts generally follow the broader rules applicable to minor adoptions. In practice, adult adoptees are typically permitted to change any part of their name, including first, middle, and last names.

The adoptee may request an amended birth certificate issued by the state of birth. This request must be clearly stated in the Order of Adoption, a detail that is sometimes overlooked by inexperienced attorneys.

The adoptee may choose either to keep their original birth certificate unchanged or to replace it with an amended certificate. An amended birth certificate lists the adoptive parent or parents as though they were the birth parents and reflects the adoptee’s new legal name.

In California, amended birth certificates are typically issued 6-7 months after the adoption is finalized. The court forwards certified copies of the adoption order to Vital Records in Sacramento, assuming the necessary documents were properly prepared. If the adoptee was born in another state, that state issues the amended birth certificate. If the adoptee was born outside the United States and is not a citizen, a court-ordered delayed registration of foreign birth is issued instead.

SOME MISCELLANEOUS BUT IMPORTANT INFORMATION

• Most adult adoption finalization court hearings can be done by video (Zoom) if that is your preference instead of going to court in person.
• When the adoption is done what proof do we get? The court will sign the Order of Adoption that your attorney prepared. It will be certified (a red or purple-ink stamp on the last page) for authenticity. Most courts will give you 2-3 free certified copies. If you want additional "authenticity," it is recommended you ask for "embossing."  This is a raised stamp showing the court's seal. Some counties do this automatically and some you have to ask for it.
• The adopting parent must be "older" than the adoptee, who must be at least 18 years old. Most attorneys, and even some judges, get this wrong. They say it is required to be "ten years older" because this is the rule for adopting minors. But for adults the only requirement is the adopting parent be older than the adoptee. Family Code section 9320(a).
• The adoptee does not get a new Social Security number Their number stays the same. But if they changed their name then they will need to notify SSA, the DMV, their credit card company and bank, et cetera.
• Spouses must sign a consent to adoption. If the adopting parent or the adoptee is married, their spouse must sign a written consent.

DOES AN ADULT ADOPTION TERMINATE THE RIGHTS OF THE OTHER PARENT?

This is a very technical issue and shows why an experienced attorney should always be used. The short answer is that adoption does terminate the rights of the prior parents, with the exception of the adoption parent's spouse (a stepparent adoption) keeping their rights. Thanks to a new law co-authored by Randy effective January 1, 2020, there is special paperwork that can allow a person being adopted to keep the rights of one or more existing parents (technically giving a person two legal mothers and/or fathers, if so desired). Family Code section 9306

HOW TO CHOOSE AN ATTORNEY FOR ADULT ADOPTION

Like all legal fields, you benefit by selecting an attorney specializing in the area of law you need. You would not hire a bankruptcy lawyer to do your adoption, or visa versa. One of the largest areas to practice law is in the Family Law category, but many will have true experience in adoption. The reality is family law lawyers usually focus 99% of their practice on divorce and child custody. They may handle an adoption or two a year, but unlikely an adult adoption.

To be sure of their experience, or lack thereof,  try the following. It is suggested you don't call and ask "Do you do a lot of adult adoptions?" Let's face it, they want your business and may likely say what you want to hear. So instead consider saying, "I need an attorney for divorce and child custody. What percentage of your practice is in that field?" If you hear 95%, that tells you that adoption might be among the remaining 5%. Not much experience, in other words.

There are attorney who limit their practice to adoption, even focusing on adult adoption itself. These attorneys deal with the same issues over and over and over again, and are best prepared to handle an adult adoption. Often they are even less expensive. This is because they do the same thing all day, they can do it faster, and not spend time billing you for research to learn something new. An adoption attorney will also know the unique requirements of your California county, as each one has different documentary and requirements.

You can verify their good standing with the bar at calbar.org. But that is just a minimum. To see their experience and client satisfaction, there are many excellent impartial sites, such as Avvo.com, Lawyers.com and Martindale.com. And of course, there are reviews to be found on non-legal sites like Google, the BBB and Yelp. Yes, you might see a fake review or two, but when you look at the large body of work, quality attorneys easily stand out. Best of all, they often don't even charge more. In fact, sometimes the most expensive attorneys are not the best, just like a basic Ford might be more reliable than an expensive Jaguar or LandRover.

WHAT ARE TYPICAL LEGAL FEES AND COSTS?

Legal fees can vary widely, from perhaps in the low $2,000 range, but may extend up to $5,000. It all depends on who you hire. It should be easy to find their fees. Look for an attorney with transparent and easy to see legal fees, hopefully revealed right on their website.

You can also get an idea of the attorney's character and what it will be like to work with them by looking at their retainer. If you get a retainer, in tiny type, that is 8 pages long or even longer, as yourself why the person who is supposed to be your advocate has given you a document that will be almost impossible for you to read and understand. Usually the terms favor the lawyer not you. Look for an attorney with a simple and easy to read retainer or fee agreement that clearly sets forth what they do for YOU, not what you do for them. When you make your first call to the attorney, you can ask how long their retainer is and perhaps save yourself the time in even talking to them.

Ideally, look for an attorney who will do your case for a flat-fee, rather than hourly. Attorney are sadly somewhat infamous in the same way contractors are. You get an estimate for your new kitchen and when the work is done it is often much higher, and you hear excuses like "Costs went up" and "We ran into some problems." Sadly, many lawyers are known do the same, exceeding their initial retainer you though was the full fee. So consider attorneys giving you a flat fee price, knowing you won't pay a penny more for anything. The fees for Randall Hicks, the author if this article, can be found here.

DO ADOPTION ATTORNEYS GIVE FREE CONSULTATIONS?

Some attorneys give free consultations and some do not. This is not really a way to distinguish attorneys as many offer a free consultation, but the reality is they give you little detailed information about your future case, just chat you up and try to make a good impression. Then you hire them and they can charge you hourly to get the extra information they need and talk about your case. So you might spend $500-$1,000 just for that, and not paid $1 yet toward preparing legal documents, filing them with the court and attending your court hearing to finalize the adoption.

So, if you are getting a free consultation, find out how long it is and how much is covered. Is it a complete review of the adoption process, including the uniqueness of your case, with time to get answers to all your questions? Or just a "Sit and Greet." Don't be afraid to ask if their website is not clear what to expect.

Now let's look at individual counties...

Adult adoption laws are the same in every court in California. Regardless, each county can set its own procedural rules and special knowledge of those differences is needed. A particular county might have additional requirements or documents required, and different procedures to move a case through the system. Below we will discuss San Diego, Orange, Riverside and San Bernardino Counties.