Adult Adoptions are used to formalize a parent-child relationship in the case of a stepparent-stepchild or foster parent-foster child relationship.
Adult adoptions are most commonly done for inheritance purposes. In this situation, Adult Adoption allows an individual or a married couple to leave financial assets or physical property to the adopted individual.
Adult Adoption is also commonly used to ensure perpetual care for a person of diminished capacity and to give the adopting adult decision making power over the adoptee’s medical care.
1. Does the adoptee have a spouse? If so, then the spouse’s consent is required.
2. Does adopting parent have a spouse? If so, then the spouse’s consent is required.
3. Is it impossible for the adoptee to appear at the court hearing to consider petition for approval of adult adoption? If so, then attorney may appear on behalf of adoptee if power of attorney for appearance is executed.
4. Is it impossible for the adopting parent to appear at the court hearing to consider petition for approval of adult adoption? If so, then attorney may appear on behalf of adopting parent if power of attorney for appearance is executed.
5. Is the adult adoptee developmentally disabled? If yes, then may impact notice requirements if adopting parent provides services to people with disabilities (or the adoptive parent is a spouse or employee of someone that does).
6. Are any of the adopting parent(s) or adoptee not a resident of California? If yes, this impacts available counties where venue is proper.
7. Has the adopting parent or the adopting parent’s spouse adopted an adult within the preceding year? If yes, then cannot adopt until one year has passed, unless the person to be adopted is the biological sibling of the previously adopted adult.