How to Adopt an Adult in California: Agreement, Petition and Hearing Guide

The short answer: to adopt an adult in California, you and the adult sign an adoption agreement, then file a petition asking the court to approve it, along with any spouse or domestic partner consents and a proposed order. The adult's birth parents don't need to consent. The filing fee listed by California's courts is $20, and once the papers are properly signed and filed, the clerk can set a hearing to finalize the adoption.

Who Uses California Adult Adoption

California's courts describe adult adoption as a way to adopt someone 18 or older. The person adopting may be a stepparent of the adult, a domestic partner of one of the birth parents, a relative, or an unrelated person with an ongoing parent-child type of relationship. Once a judge approves the adoption, you and the adult have the legal relationship and responsibilities of parent and child.

Stepparents are some of the most common petitioners we see: they raised the child for years, and now that the child is an adult, the two of them want the law to match the family they already are. Because the adoption changes legal rights, including support, caregiving and inheritance, California's courts suggest talking to a lawyer if you want to understand those effects for your family.

Step 1: Check That You Qualify

California's court self-help guide lists these rules:

• You must be older than the adult you want to adopt.
• You can't adopt more than one unrelated adult, unless that adult is the biological sibling of someone you've already adopted, or the adult is disabled or physically handicapped.
• If your spouse or domestic partner has adopted an adult, you can't adopt another adult for one year, unless that adult is the biological sibling of someone you've already adopted.

You file in the county where you live or where the adult lives. Before you prepare anything, check with that county's self-help center: it may have pre-printed fillable forms, samples, or local forms you're required to use.

Step 2: Prepare the Adoption Agreement

There are no official statewide court forms for adult adoption in California, so unless your county has pre-printed forms, you create these documents yourself. The first is the adoption agreement. California's courts note that the agreement must use special language. You and the adult both sign it.

Step 3: Prepare the Petition for Approval

The petition asks the court to approve your adoption agreement. According to California's courts, it must include:

Use full legal names exactly as they appear on official records, and make sure every document matches. Write the description of your relationship in your own words; the judge may ask about it.

Step 4: Sort Out Consents

Person	Consent needed?
The adult being adopted	Yes, by signing the adoption agreement
Your spouse or domestic partner	Yes, with limited exceptions the court must be shown proof of
The adult's spouse or domestic partner, if any	Yes, with the same limited exceptions
The adult's birth parents	No
The adult's own adult children	No

For stepparents, the key point is the last two rows. California's courts say plainly that the birth parents or adult children of the person being adopted do not need to agree. If the court needs more information, it may let them know about the hearing, and they may be allowed to come and share information. That's a routine step, not a veto.

In a stepparent adoption, your spouse is usually the adult's biological parent, and your spouse's consent is one of the documents you'll prepare.

Step 5: Prepare the Order and, if Needed, the VS-44

The Order of Adoption is the document the judge signs at the hearing. You prepare it (unless your county has a pre-printed form) and give it to the clerk when you file.

If the adult wants to change their name on their birth certificate and take your family name, they complete and sign a Court Report of Adoption (VS-44) and give it to the clerk. The clerk signs it after the hearing and forwards it to the State Department of Vital Records so a new birth certificate can be created.

Step 6: File and Attend the Hearing

File your documents with the clerk in the right county and pay the $20 fee California's courts list for the petition for approval of an adoption agreement. Confirm the current amount with your court. If you can't afford court fees, California has a fee waiver process (form FW-001).

Once your documents are properly signed and filed, the clerk can set the hearing. There's no required investigation or report in a California adult adoption. The judge can ask the department of social services to investigate for any reason, which might happen, for example, if the adult is developmentally disabled or the relationship is very short. Adopting a developmentally disabled adult has special notice rules; your self-help center can explain them.

At the hearing, the judge asks questions to make sure everyone understands and agrees to the adoption, and that it's in the best interest of both of you. If there are no concerns, the judge approves the adoption. Plan to attend together, and bring copies of everything you filed.

After the Adoption

1. Order certified copies of the signed order.
2. Watch for the new birth certificate if you filed a VS-44, or contact the vital records office in the adult's birth state if they were born elsewhere.
3. Update Social Security if the name changed, then the driver's license, passport, bank and other accounts.
4. Review estate plans for both of you.

For the rules in other states, see our adult adoption forms guide, our California state guide and the adult adoption overview.

Frequently Asked Questions

Do the adult's biological parents have to agree to the adoption?

No. California's courts say the birth parents and adult children of the person being adopted don't need to consent. You list their names and addresses in the petition, and the court may let them know about the hearing if it needs more information.

Can a stepparent adopt an adult stepchild in California?

Yes. California's courts specifically list a stepparent to the adult as someone who may use the adult adoption process. You must be older than your stepchild, and your spouse must consent.

Is there a statewide California form for adult adoption?

No. California has no official court forms for adult adoption. Check your county self-help center for pre-printed forms, samples or required local forms; otherwise, you create the agreement, petition, consents and order yourself.

How much does it cost to file?

California's courts list a $20 fee to file the petition for approval of an adoption agreement. Confirm the current amount with your court, and budget separately for certified copies. A fee waiver is available if you qualify.

Is a home study required?

No investigation or report is required in a California adult adoption, although the judge can ask social services to investigate in some situations, such as when the adult is developmentally disabled.

Can the adult take our family name?

Yes. The adult completes a Court Report of Adoption (VS-44), which the clerk forwards to vital records after the hearing so a new birth certificate can be issued.

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 in California" and "Ask for a fee waiver" (selfhelp.courts.ca.gov). Company figure (34,000+ families since 2001) is from our own records.