When one decides on adoption, it is the situation of an adult parent adopting a child that typically comes to mind. Nevertheless, once someone reaches adulthood, the alternative to be adopted remains open. This is for a variety of reasons, including legally acknowledging and formalizing parent–child relationships. The procedure of adult adoption results in the same outcome as child adoption; however, the process is much less involved and emphasizes the parties’ ability to consent to the adoption.
In the State of California, an individual is classified as an adult for the purposes of adoption once they are 18 years old. When reaching adulthood results in a different legal approach to the adoption procedure. The process gears to being consent-based rather than court-decision-based. As the adult being adopted (“adoptee”) is over 18, they could consent to the adoption. This is different from when a child is adopted and the court must dictate what is in the best interest of the child. Child adoptions involve much more intensive careful examination, including a home study and assessing the suitability of the adopting parents. In adult adoptions, this is not required.
The adoption process begins in court by filing the proper forms needed for the process. The Petition for Approval of Adoption Agreement is the formal request that asks the court to approve the Adoption Agreement. This is the document where specific details about the adoption are required. These details include the ages of the adoptive parent(s) and the age of the adoptee, the nature and length of their relationship, and the primary grounds the parties are seeking this adoption.
Majority of the reason for adult adoption is to construct a stepparent and stepchild relationship, even though the child is now an adult. Sometimes barriers to adopting the adoptee existed when they were a child, such as a biological parent refusing to give consent for the adoption. Whatever the reason is for seeking the adoption, this is the document in which to explain it to the court. The Petition for Adoption is filed with the Superior Court (not the Municipal Court) and a filing fee must be paid to the court.
In respect to adult adoptions, if either the adoptive parent or the adoptee is married at the time of the adoption, spousal consent is required. A spouse is lawfully required to formally consent, in writing, to the adult adoption process for the court to progress the matter. If an adoptee or adopting parent does not have a spouse, this step is not required. This step is a key difference in adult adoption when compared to child adoption, for obvious reasons. This emphasizes the importance of the consent of all parties involved in an adult adoption.
Another key difference in adult adoptions is that the consent of the biological parents is not required. As the adoptee is of legal age, it is their consent that is important in the eyes of the court. The only time when a biological parent needs to provide consent is when one of them is retaining parental rights. This often occurs in the situation of stepparent adoption, where a biological parent’s spouse is the adopting parent.
Next, parties seek an Order of Adoption. Following the filing of a Petition for Adoption, the matter is added to the court’s roster. This results in allocating a date for a court hearing, where a Judge assesses the Order of Adoption. The Judge ensures everything is in order and if so, approves the adoption. The Order of Adoption is the formal court order granting the adoption, which the Judge will sign. The Order of Adoption is an official legal document, similar to a birth certificate or marriage license. The Order awards the adopting parent or parents the legal relationship of parent to the adoptee. This transfers all parental duties, rights and responsibilities to the adopting parent or parents. While this transfer is the same for child and adult adoptions, the day to day practicality of the parental responsibility is reduced as the adoptee in this case is an adult and therefore able to make their own day to day choices about their welfare.
Normally, a court hearing is convened and both the adopting parent or parents and the adoptee must attend. Guests are also permitted to attend. Most Judges treat this final hearing as both a formal hearing and a celebration of adoption. Sometimes the usual court rule of no photography isbe waived, and the adopting parents and adoptee may take a photo with the Judge. Currently, due to Covid-19, courts also offer the final hearing via video link to maintain social distancing. As adult adoption is less involved than child adoption, the whole process is much faster, and can usually be completed in one to two months.
Once an Order of Adoption is obtained, an adoptee may wish to change their birth certificate. An adoptee needs to fill out a VS-44 document to action the change. The newly issued birth certificate reflects the new legal parent–child relationship. In California, if an adult adoptee wishes to change their birth certificate, the old certificate is sealed and a new one issued. All facts of the birth remain the same but the adopting parent’s name and birthdate replaces those of the original parent or parents. Alternatively, an adoptee can keep their original birth certificate and simply have the Order of Adoption as proof of the adoption.
Adult adoption also gives an adoptee the chance to change their name, such as taking the last name of the adopting parent(s). This option is included on the VS-44 document and changes the adoptee’s legal name on their newly issued birth certificate.
The adoption process for adults in California is relatively straightforward. Once the correct documentation has been obtained and submitted to the court, it is a fast process to have the Order of Adoption finalized by a Judge. One may wish to embark on the process of adult adoption for many reasons. Whatever they may be, the main takeaway from the process is that it is not too late for an adult to legally formalize a parent–child relationship through adoption
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