Adult Adoption: State Requirements and Court Process

The short answer: adult adoption creates a full legal parent-child relationship between two adults through a simple court order. It is usually the most straightforward adoption there is: the adult being adopted agrees in writing, the adopting parent files a petition in the right court, and a judge approves it at a short hearing. Biological parents generally don't get a veto. In California, for example, birth parents don't need to consent, and in Texas the statute requires the adult's own written consent. Your state's rules set the details.

Step 1: Check Eligibility

Most adult adoptions are between people who already think of each other as parent and child: a stepparent and the stepchild they raised, or a long-time mentor or caregiver. Each state sets a few basic rules, and they're easy to check before you prepare anything. Start with the guide for your filing state.

Two examples show the kinds of rules you'll see:

• California: the California Courts self-help guide explains that adult adoption is for someone 18 or older, and the adopting person must be older than the adult being adopted. It also limits adopting more than one unrelated adult in a year, with exceptions.
• Texas: Texas Family Code § 162.501 lets an adult residing in Texas petition to adopt another adult.

Step 2: Identify the Right Court and Documents

States describe the filing a little differently. California uses an adoption agreement and a petition asking the court to approve it, filed in the county where you live or where the adult you're adopting lives. Texas files in a district court or a statutory county court with family-law jurisdiction in the county where the petitioner lives (Tex. Fam. Code § 162.502).

Gather the basics before you fill anything out:

Our adult adoption forms guide walks through what each state's packet looks like.

Step 3: Gather the Consents and Give Any Notice

The adult being adopted is the person whose agreement matters most, and every adult adoption requires it. Texas, for example, says a court may not grant the adoption unless the adult consents in writing (Tex. Fam. Code § 162.504).

Spouses. Spouses often take part. In Texas, a married petitioner's spouse must join the petition (Tex. Fam. Code § 162.503). In California, the adopting person's spouse or domestic partner, and the adoptee's spouse or domestic partner, must consent.

Biological parents. Adult adoption doesn't depend on the biological parents' permission. California's court guide states that birth parents don't need to consent, though the court may let them know about the hearing. A few states require notice: Florida Statutes § 63.062(8) requires written consent from the adult and the adult's spouse (the court can waive the spouse's consent for good cause) and written notice of the final hearing to the adult's parents. Notice is a routine step; it isn't a request for permission.

Step 4: File, Attend the Hearing and Keep the Order

Ask the clerk about the filing fee, the number of copies to bring, and how hearings are scheduled. Adult adoption hearings are typically short. Some states expect both adults to attend: Texas requires the petitioner and the adult adoptee to appear, and the court can waive that in writing for good cause (Tex. Fam. Code § 162.505).

When the judge signs the order, order several certified copies. You'll use them for:

1. A new birth certificate, requested from the vital records office in the state where the adoptee was born
2. A name change with Social Security, the DMV and passport records, if the adult took a new name
3. Estate planning, including wills, trusts and beneficiary designations

Know the Legal Effects

An adult adoption is a real change in legal family relationships, which is exactly why families choose it. In Texas, for example, the adopted adult inherits from the adoptive parent like a biological child, and the adopted adult no longer inherits from or through their biological parent (Tex. Fam. Code § 162.507). Other states handle inheritance in their own ways, so if an estate or inheritance question is driving your decision, read your state's rule or talk with an estate-planning attorney.

Frequently Asked Questions

Do the biological parents have to agree to an adult adoption?

Generally, no. The adult being adopted gives consent. California's court guide says birth parents don't need to consent. Some states, such as Florida, require that the parents receive notice of the final hearing, which is a routine step.

Can a stepparent adopt an adult stepchild?

Yes. This is one of the most common adult adoptions we prepare, often for families who never finished a stepparent adoption while the child was young. See Can I adopt my adult stepchild?

Is there an age-gap requirement?

It depends on the state. California requires the adopting person to be older than the adoptee. Texas's adult adoption subchapter doesn't set an age-gap requirement.

How much does adult adoption cost?

StepParent Adoption 360's preparation is $349 for the first adoptee and $99 for each additional adoptee. Court filing fees and certified copies are separate and vary by county.

Does an adult adoption change the birth certificate?

The adoption order is the document you use to request one. You apply to the vital records office in the state where the adoptee was born, following that office's procedure.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: California Courts Self-Help Guide, "Adult adoption"; Texas Family Code §§ 162.501–162.507; Florida Statutes § 63.062(8) (2026). Company figures (34,000+ families since 2001) are from our own records.