In the State of California any adult person may adopt another younger person so long as the person adopting is at least ten (10) years older than the person being adopted. An adult adoption is when someone adopts a person who is 18 or over and is not legally related to them. An adult adoption changes the legal rights of the adoptive parent and the adoptee and severs the existing relationship with either one or both biological parents.
The person being adopted may be unrelated to the person adopting but typically the person being adopted is an adult step-child. Often in a stepparent situation, when the legal parent’s rights cannot be terminated nor consent obtained, the parties can wait until the minor is 18 and proceed with an adult adoption. In adult adoptions, the consent of the legal parent(s) is not required. When the adult adoption is finalized, the adopted person may elect to change his or her last name.
There are many reasons why people pursue the adoption of an adult person. The first being the issue of inheritance. This is the most common reason for adult adoption, creating a parent-child relationship that will be legally recognized so that the adopted person can inherit from the adoptive parent(s). Another reason is to formalize a parent-child relationship. When a previous stepparent-stepchild, foster parent-foster child, or informal parent-child relationship existed, the adult parties may want to formalize the relationship through adoption. Another reason to petition a court for an adult adoption is for the care of a person with diminished capacity. If the person to be adopted is of diminished capacity or abilities, adoption may provide a means of assuring him or her of lifetime care under family insurance, as a legal family member, or through inheritance.
It is important to note that in any adult adoption, the person adopting must have consent from his or her legal spouse in order for the adoption to move forward. In addition, because the person being adopted will receive inheritance rights, there are many laws in place to protect elders from abuse of the adult adoption process.
For information on how to complete your adult adoption in California, call us at (415) 200-3600 for a free consultation
