In California their are generally five kind of adoptions. Of the five kinds of adoptions, adult adoptions occupy an unusual place in the law. An adult adoption occurs when when one adult seeks to adopt a person younger than themselves who is also of the age of majority (ie. over the age of 18). Adult adoption occupy a unique place in adoption law because many of the problems and concerns a judge might have in other adoptions do not occur in adult adoptions. For example, in all other adoptions, because a child is being adopted, there are multiple judicial safeguards in place to make sure that the interests of the child is protected. In an adult adoption, however, such safeguards are not necessary because an adult is able to make their own informed decision. Thus, many of the procedural steps, such as a court investigation, rarely occur in adult adoption cases.
By the same token though, adult adoptions have other complications that are not usually present in a adoption of a child. For example, in adult adoptions notice and consent of a the spouse of the adoptee may be necessary. This is because a spouse’s inheritance rights may be effected by an adoption. Thus adult adoption Petitions will often include declarations from the husband, wife, or registered domestic partner of the adult that is going to be adopted. The end result is that adult adoptions are both simultaneously more and less complicated.
The San Francisco based bay area attorneys of Jones & Devoy have experience in the various kinds of California adoptions. Through careful planning our attorneys can help you by spending time today to avoid problems tomorrow.