Picking Your Parents. Or how to adopt an adult child in San Diego?
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The stepparent may adopt a stepchild, who is 18 or more years old and who has grown fond of his or her stepparent, as an adult. The adult adoption procedure is more straightforward and simple than the one of a minor.
The adult adoption procedure is governed by California Family Code 9300 9328. Anyone considering adoption of an adult and interested to know the law should start with this statute.
The only consents that are required in the case of the adult adoption are the ones of the adoptee stepchild and the adopting parent. Generally, there is no investigation, and no report is required in such proceedings. However, the parties do have to indicate the reason for the adoption, and why do they believe such adoption would be in the best interest of the parties involved and the public.
San Diego County has local forms available for Adult Adoption Requests. To initiate the adoption proceeding, the adoptive parent has to file a Petition for Adoption Of Adult. Next, the adoptive parents spouse has to sign the Consent for Adoption of the adult child. The documents are then filed with court, and the parties are assigned a hearing date. The filing fee for adoption is currently $20 (2013 schedule).
Both parties have to be present at the hearing. Usually these hearings are pretty informal and often attended by family and friends of the adoptive parent and the adoptee. At the time of the hearing, the judge will likely inquire about the reasons for adoption, the parties will execute the agreement for adoption and an order granting adoption will be issued.
After the adoption is final, the Court will submit the paperwork to the State Office of Vital Records, and the adoptee child will be issued an updated birth certificate. Please note, that it may take up to six months for the State Office of Vital Records to process the amendment of your birth certificate.
An adult adoption severs all existing parent child relationships, besides the one held by the adopting parents spouse. When a stepparent adopts and adult child, the adopting parents spouse retains his or her parental rights and responsibilities with the adoptee child.
Once an adult adoption is complete, the adopting parent and the adoptee child assume towards each other a legal parent child relationship, with all associated rights and responsibilities, including inheritance rights. In addition, the adoptee child can legally change his or her last name to that of the stepparent.
If you need assistance with stepparent adult adoption, please contact Womens Divorce Center at (619) 630 4765.’