Must birth parents be notified about an adult adoption?

In most adult adoptions your biological father does not have to consent: you, the adult, give the consent that matters. Some states also send the birth parents notice of the hearing, which is a routine step and not a request for permission. Check your filing state's rule so you know whether notice is part of your case.

Three state examples

In Florida section 63.062(8), the adult and generally the adult's spouse give written consent. The same provision requires written notice of the final hearing to the parents, if any, or proof of service. Notice tells the parent about the hearing; it is not a consent requirement.

New York section 115(10) permits the judge or surrogate to direct notice in an adult adoption. Ask the court whom to notify and how.

Rhode Island section 15-7-5(a) expressly says parental consent or notice is not required when the adoptee is 18 or older. Each state's rule applies only in that state.

Court directions elsewhere

The California Courts adult-adoption guide explains that the court can require notice to interested persons. Where that happens, you follow the court's direction and the case continues.

When a parent cannot be found

Not having spoken in years is common, and it doesn't stop an adult adoption. Ask the court which search and service method applies to an adult case (it is often different from the minor-child process), keep a record of how you looked for the parent, and follow any court direction.

Your practical checklist

1. Identify the filing state, the court, and confirm the adoptee is 18 or older.
2. List who signs consents (you, and usually your spouse if married) separately from who receives notice.
3. Ask how notice is served and what proof must be filed.
4. Handle an unknown address or a safety concern through the court's procedure.
5. Confirm the court has your proof of notice before the hearing.

A parent who receives notice can come to the hearing and speak, and the judge decides. In an adult adoption, the adult's own consent is the center of the case.

Continue with adult adoption, Florida adult adoption, or New York paperwork.