Adult Adoptions

Adult adoptions are those in which the person being adopted is eighteen years old or older.  A common reason for doing an adult adoption is estate planning. Another reason is to legalize a parent-child type of relationship between persons who are not legally parent and child.  Regardless of the reasoning behind your adult adoption, Mark J. Hirabayashi can help you accomplish your goals.

Understanding Adult Adoption in California

An adult adoption occurs when an older adult becomes the legal parent of a younger adult. In California, the adopting adult must be at least 10 years older than the adult he or she is adopting. Once the adoption is complete, all inheritance and legal rights and responsibilities associated with the parent-child relationship are established between the adoptive parent and the person being adopted.

Most adult adoptions are done for one of the following reasons:

  • To establish legal inheritance rights.

  • To establish other legal rights associated with the parent-child relationship.

  • To formalize a relationship between a foster parent and an adult foster child or a stepparent and an adult stepchild.

  • To restore the legal relationship between an adult adopted child and his or her birth parent.

About the Process

To adopt an adult, you must first both sign an agreement which will be the basis for the Adult Adoption Petition.  Both the Agreement and the Petition are filed in the Superior Court in the County where the parties reside.  If any party to the adoption is married or in a domestic partnership, the spouse or domestic partner must consent to the adoption.  All of these documents must contain specific language and details in order to be accepted by the court. Before the adoption can be finalized, you must request a formal hearing. If the arrangement is approved by the judge at your hearing, he or she will sign the Decree of Adoption and the adoption will be done.