Is a home study required when I adopt an adult?

One of the main differences between adult adoption (when the adoptee is aged 18 or over), and adopting a child, is that there is no home study or investigation required of the adopting parent. This not only saves the cost of paying for a home study, but it also eliminates the delay in finalizing the adoption for the home study to be completed. As a result, most finalization hearings to grant adult adoptions are within about two months of starting the process.

Do we need the consent of the absent parent?

This is another key area where the laws governing adult adoption are completely different than when adopting a child. There is no legal requirement to obtain the consent to adoption from the parent who is being replaced by the absent parent. In fact, there is no legal requirement to even give notice to the absent parent. A special Consent to Adoption must be signed, however, by the spouse of the adopting parent as well as the spouse of the adoptee, if either are married.

In what court do we file our Petition for Adoption?

The Petition for Adoption is filed in the Superior Court (not the Municipal Court) and in the county in which either the adopting parent(s) or the adoptee reside. So one can reside out of state, as long as one lives in California. There is a $20 filing fee which I pay out of my flat legal fee, so not an extra expense to you.

What are the legal consequences of an adult adoption?

The adopting parent(s) and the adoptee are agreeing to assume the benefits and responsibilities of the parent-child relationship, as if the child were born to the parent. Although these responsibilities may not be extensive as with a child, it does give the right to inherit if one party were to die without a will (and the laws of intestate succession were to apply). For the adoptee, it legally terminates the relationship with the parent or parents whose rights are being terminated so the adoption can occur.

Adult adoption helps avoid a potential  legal challenge to a will or trust if property is being left to a person who is not legally adopted. Also, adoption can often extend a child's eligibility for health insurance under the adopting parent's insurance. For example, many policies end for a stepchild at age 18, but can continue until age 25 if the child is a lawful child.

What legal documents are required by the court?

Several documents must be prepared and filed with the court. They are at minimum the Adoption Petition, the Adult Adoption Agreement, the Spousal Consent (if either the adopting parent or adoptee is married) and the Order of Adoption. Some adoptions, such as those where the adopting parent is not a stepparent and what are called "second parent" adoptions, should include a special brief and consent.

Other documents include the VS-44 which creates a new birth certificate, replacing the original one, and will state the name of the new parent(s) in place of the replaced parent(s). It also allows the adoptee to have his or her name legally changed on the birth certificate (such as taking the last name of the adopting parent(s).

What can make an adult adoption more complicated than a minor's adoption?

When you adopt a child under age 18, there are what are called Judicial Council  forms. These are “fill in the blank" forms so the judges are seeing uniform forms, and it is simpler for both lawyers and non-lawyers to fill them out. (If you want to see what the Adoption Request  Judicial Council form looks like when adopting a minor, click here, but the form is not usable when you adopt an adult as the legal requirements are different).

There are no state Judicial Council forms for adult adoptions, however. A small number of counties have created local forms for use within their county for adult adoptions, although sometimes even using these forms can be complicated and time-consuming for non-attorneys (and most attorneys despise such forms as they are often poorly drafted). The vast majority of counties do not have local Judicial Council forms for adult adoptions, however, meaning each form must be custom drafted. To see a sample of what Randy’s Adult Petition for Adoption  looks like, click here to see the first two pages of what is usually a four page document. This is one of four custom documents that each adult adoption normally requires.

"Form Stores" and Avoiding unintended consequences

One option you will see advertising online are what are known in the legal world as "form stores." These are businesses which prepare forms for about every legal issue, including adult adoption. A "form store" will charge you about $500 to prepare forms for you. The problem is not only that they are not adoption attorneys, they are not attorneys at all. And they do forms for every county in every state, the Walmart of legal forms. The quality of what you get is very questionable, as you are likely trusting the creation of your family to some $12-an-hour clerk located in a distant state.

Hiring an attorney is the wise choice, but not just any generic family law lawyer who mainly does divorce and child custody and only dabbles in adoption. If you select a lawyer to do your adult adoption who is not knowledgeable in the legal nuances of adult adoption, serious unintended consequences can occur.

For example, Family Code section 9306(a) states: “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.”

This is critical as in some types of adult adoption (such as where the adopting parent is not the adoptee’s stepparent) the rights of BOTH existing parents can mistakenly be terminated without you even knowing, rather than just the absent parent being replaced by the adoption. Few attorneys understand this nuance and know the special additional pleadings that must be filed in such adoptions for which there are no forms. Even in those few counties with Judicial Council forms available, I custom draft each pleading instead to be sure each needed legal area is properly addressed, rather than rely on generic forms which are often legally lacking.

Is there a court hearing?

Yes. Both the adopting parent(s) and the adoptee must attend the hearing. Most judges also require the spouses of each party to be present to verify their agreement to the adoption. Guests are permitted to attend and almost all judges treat the finalization as equal parts court hearing and celebration. In fact, the usual court rule of not allowing cameras in the courtroom are normally waived so you can take photos with the judge when the adoption is approved.

The final hearing is usually the easiest part of the entire process, as the paperwork has already been filed, so the judge's job at that point is to verify that everyone has indeed signed the documents I've previously filed with the court, then sign the Order of Adoption that I've prepared. The hearing usually takes about 10 minutes, not counting the extra time for photos. Many courts are now allowing everyone to appear by video rather than in person. The video option was born out of necessity during Covid, but the convenience of it has resulted in the option continuing in many counties.

Randy's Experience and Fees for adult adoption

Experience. Please see my qualifications below from 36 years of practicing adoption law exclusively. Links to verify my credentials are provided to the Academy of California Adoption Lawyers, Better Business Bureau, Wikipedia, AVVO client reviews and Amazon (regarding my books on adoption).

Fees. We start with a free consultation. (I ask that you first complete my online questionnaire, which gives me the information needed to fully understand your desires and goals in adult adoption and give me the information needed to prepare your legal documents.) I normally do this initial consultation by Zoom or phone and it takes 30 minutes.

I don't have paralegals or associate attorneys, so you deal only with me. If you elect to go forward I charge $2,250 for a standard adult adoption. This includes the court filing fee and my out-of-pocket costs like postage, copies, et cetera, so $2,250 is your total cost. This covers the preparation of all the legal documents mentioned above, filing them with the court, then setting your hearing date to finalize the adoption. (This is done via my filing what is called a Memorandum to Set for Hearing,  and I discuss available dates with you prior to requesting a hearing date.) The real work in an adult adoption is getting all the legal documents prepared and filed.