How old do you have to be to adopt in California?

Short answer: To adopt a child in California, the adoptive parent must be at least 10 years older than the child, but the court may approve a stepparent adoption without regard to ages if it is in the best interest of the parties and the public interest (Cal. Fam. Code § 8601). For an adult adoption, the adopter must be an adult (18 or older) and the person being adopted must be younger than the adopter (Cal. Fam. Code § 9320(a)).

Adopting a minor child

• The age gap: Under Cal. Fam. Code § 8601, the adoptive parent or parents must be at least 10 years older than the child.
• The stepparent exception: The same section lets the court approve an adoption without regard to ages for a stepparent. The court must find it is in the best interest of the parties and the public interest. A sister, brother, aunt, uncle or first cousin (and that person's spouse) can receive the same treatment.
• A separate minimum age: The law we reviewed sets no stand-alone minimum age for adopting a minor. If you are a young stepparent or unsure how your situation fits, the Superior Court clerk in your county can confirm whether anything else applies.

Adopting an adult

• Who can adopt: Cal. Fam. Code § 9320(a) says the adopter must be an adult.
• Age difference: The person being adopted must be younger than the adopter. No fixed number of years is required.
• Stepparents: California allows an adult to be adopted by another adult, including a stepparent. A married minor may be adopted the same way as an adult (Cal. Fam. Code § 9300).

Residency

There is no age-related residency rule, but you must be actual residents of California. No specific length of residency is required (Cal. Fam. Code § 9000(a)). Your case is filed in the Superior Court of your county.

When age becomes a question for the judge

If you are a stepparent and less than 10 years older than your stepchild, the court's decision to approve depends on the facts of your family. For that kind of question, the Superior Court clerk or a family law attorney can tell you how it applies to you. We can't predict how a judge will view a particular case.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 1219 California families, and 34,000+ families nationally since 2001.