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How to Adopt an Adult in California

Reviewed by DocDraft Legal Team · California · Last updated October 7, 2026

Adult adoption in California is a superior court proceeding that permanently makes one adult the legal parent of another adult, with the inheritance and next of kin consequences that follow, and California opens it to any consenting adult instead of to a short list of approved categories. Family Code 9300 says an adult may be adopted by another adult, including a stepparent. Nothing requires the person being adopted to be disabled, to be a former stepchild, or to have aged out of foster care. Three limits do apply. The person being adopted must be younger than the person adopting, with no minimum number of years between them, and cannot be that person's spouse (Fam. Code 9320). You generally cannot adopt more than one unrelated adult within a year (Fam. Code 9303). Consent is split carefully in California. Both parties sign a written adoption agreement. If the adopting person is married and not lawfully separated, that spouse must consent, but does not join as a co-petitioner or become a second adoptive parent (Fam. Code 9301). If the adult being adopted is married and not lawfully separated, that spouse must consent too (Fam. Code 9302). Birth parents do not consent at all. You file a petition for approval of the adoption agreement in the county where either of you lives, pay the clerk $20, and attend a hearing. No investigation or agency report is required (Fam. Code 9325). California publishes no official statewide court forms for this, so you prepare the documents yourself or use a county packet. Attorney review of your paperwork is available through DocDraft.

Find out where you stand in California

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in California?

Any adult can be adopted by another adult in California, including a stepchild, and there is no list of qualifying categories (Fam. Code 9300). The adult being adopted must be younger than the adopting adult and cannot be that adult's spouse (Fam. Code 9320). Both parties sign a written adoption agreement.

Which spouse has to consent to an adult adoption in California?

Both spouses consent, under separate statutes. If the adopting person is married and not lawfully separated, that spouse must consent but does not become a co-petitioner (Fam. Code 9301). If the adult being adopted is married and not lawfully separated, that spouse must consent too (Fam. Code 9302).

What does it cost to file an adult adoption in California?

California sets a statewide fee of $20 for each individual being adopted, paid to the clerk of the court when the petition is filed (Health and Safety Code 103730). Because no investigation or public agency report is required, there is no study fee on top of it (Fam. Code 9325).

Which court handles an adult adoption in California?

The superior court, which holds jurisdiction in Family Code proceedings (Fam. Code 200). The petition for approval of the adoption agreement is filed in the county where either the adopting person or the adult being adopted resides (Fam. Code 9321). The clerk then sets the matter for hearing.

California adult adoption at a glance

An adult adoption in California is a court order that makes one adult the permanent legal parent of another adult, carrying all the rights and duties of a parent and child relationship (Fam. Code 9305). California does not gate the process behind approved categories. An adult may be adopted by another adult, including a stepparent (Fam. Code 9300). The only age rule is that the adoptee be younger, with no minimum gap in years, and you cannot adopt your own spouse (Fam. Code 9320). The adopting person's spouse and the adoptee's spouse each consent under their own statute, while birth parents consent to nothing (Fam. Code 9301, 9302). You file where either party lives, pay $20, and face no required investigation. California publishes no official statewide forms for it.

Adopting the former foster youth you raised in California

Picture a Fresno County household where the 27 year old you fostered from age 15 now wants you recorded as her legal parent. California asks her to fit no category at all. She is younger than you, she is not your spouse, and you have adopted no other unrelated adult this year, so Fam. Code 9300, 9320 and 9303 are satisfied. You both sign an adoption agreement. Your husband signs a consent without becoming a second adoptive parent (Fam. Code 9301), and because she is unmarried no second consent is needed. She wants to keep her legal tie to her birth mother, so she signs a waiver before finalization (Fam. Code 9306). You file in Fresno County superior court, pay $20, and appear at the hearing. Attorney review of your documents is available through DocDraft.

Relevant Laws

Cal. Family Code 9300 (who may be adopted as an adult)

Provides that an adult may be adopted by another adult, including a stepparent, as provided in Part 3, and that a married minor may be adopted in the same manner. California attaches no list of qualifying categories to adult adoption.

Cal. Family Code 9302 (consent of the adoptee's spouse, and no birth parent consent)

Provides that a married person not lawfully separated may not be adopted without the spouse's consent where the spouse is capable of giving it, and that consent of the proposed adoptee's parents, of the department, or of any other person is not required.

Cal. Family Code 9320 (adoption agreement, younger adoptee, spouse excluded)

Provides that an adult may adopt another adult who is younger, except the spouse of the prospective adoptive parent, by an adoption agreement approved by the court, and sets out what the written agreement must say.

Cal. Family Code 9325 (no investigation required)

Provides that no investigation or report to the court by any public officer or agency is required for an adult adoption, while allowing the court to require the county probation officer or the department to investigate and report before the hearing.

California Courts Self-Help Guide: adult adoption in California

The Judicial Branch self-help guide lists the documents to prepare, states that there are no official court forms for adult adoption, confirms the $20 payment to the clerk, and confirms that no investigation or report to the court is required.

Regional Variances

California adult adoption rules at a glance

Who may be adopted

Any adult, including a stepchild, with no enumerated categories (Fam. Code 9300). A married minor may be adopted in the same manner. The adoptee cannot be the adopting person's spouse (Fam. Code 9320).

Age relationship

The adoptee must be younger than the adopting adult, and California sets no minimum number of years between them (Fam. Code 9320). The ten year gap in Fam. Code 8601 applies to adopting a child, not an adult.

Consent of the adoptee

Given by executing the written adoption agreement with the adopting adult (Fam. Code 9320). Both parties must also appear at the hearing in person unless the court permits otherwise under Fam. Code 8613.5.

Consent of the adopting person's spouse

Required if that person is married and not lawfully separated and the spouse can give it (Fam. Code 9301). The spouse consents only; the petition is filed by the prospective adoptive parent and the proposed adoptee (Fam. Code 9321).

Consent of the adoptee's spouse

Required under a separate statute if the adoptee is married and not lawfully separated and the spouse can give it (Fam. Code 9302). Registered domestic partners carry the same rights and duties as spouses (Fam. Code 297.5).

Birth parents

No consent required (Fam. Code 9302). The petition must list any living birth parents and adult children (Fam. Code 9321), the court may order notice to interested persons (Fam. Code 9323), and 30 day notice applies in the Fam. Code 9326 developmental disability situation.

Court and venue

Superior court, which has jurisdiction in Family Code proceedings (Fam. Code 200). File in the county where either party resides (Fam. Code 9321). No durational residency period is required.

Filing fee

$20 for each individual being adopted, paid to the clerk when the petition is filed (Health and Safety Code 103730). Local certified copy charges are set by each superior court.

Investigation

Not required (Fam. Code 9325). The court may order the county probation officer or the department to investigate. A regional center report is mandatory only in the Fam. Code 9327 provider situation.

Name change

The adoptee may take the family name of the adoptive parent (Fam. Code 9304). Form VS-44, the Court Report of Adoption, is filed with the clerk to obtain a new birth certificate in that name.

Inheritance

The adoptee and adoptive parent hold all parent and child rights and duties (Fam. Code 9305), and that relationship governs intestate succession (Probate Code 6450). Birth parents are normally relieved of parental duties, subject to the waiver in Fam. Code 9306.

Forms

No official statewide court forms. The Judicial Branch self-help guide directs filers to county self-help centers for pre-printed or local forms, and the documents are otherwise drafted by the parties.

Suggested Compliance Checklist

Confirm California's eligibility limits

Before you draft anything days after starting

Verify the adult is younger than you and is not your spouse (Fam. Code 9320), and that neither you nor your spouse has adopted an unrelated adult in the past year without a qualifying exception (Fam. Code 9303).

Draft the adoption agreement

First document to prepare days after starting

Prepare the written agreement executed by both of you, stating that you assume toward each other the legal relationship of parent and child with all of its rights and duties (Fam. Code 9320). Attorney review of the agreement is available through DocDraft.

Draft the petition for approval of the adoption agreement

With the agreement days after starting

Include all six items Fam. Code 9321 requires, including any living birth parents or adult children of the adoptee and any prior adult adoption by you or your spouse. California publishes no statewide form, so check your county self-help center.

Obtain both spousal consents

Before filing days after starting

Get a written consent from your spouse if you are married and not lawfully separated (Fam. Code 9301), and a separate written consent from the adoptee's spouse in the same situation (Fam. Code 9302). Registered domestic partners are treated as spouses.

Decide on the Fam. Code 9306 waiver

Before finalization days after starting

The adult being adopted may waive termination of an existing parent's duties and responsibilities by signing a waiver, placed in the adoption agreement or filed separately. Weigh the inheritance effect under Probate Code 6450 and 6451 first.

File the petition and pay the fee

When the papers are signed days after starting

File in the superior court for the county where either of you resides, with a proposed order of adoption, and pay $20 for each individual being adopted (Health and Safety Code 103730). The clerk then sets the hearing (Fam. Code 9322).

Attend the hearing and file VS-44 if needed

On your hearing date days after starting

Both of you appear in person unless the court allows otherwise (Fam. Code 9324). If the adoptee wants a new birth certificate in your family name, give the clerk the completed Court Report of Adoption, form VS-44.

Frequently Asked Questions

Other California guides

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Asset Protection Planning in California (2026)

Dealing With Debt Collectors in California (2026)

Expunging a Criminal Record in California (2026)

Filing a Workplace Harassment Complaint in California

Filing Chapter 7 Bankruptcy in California (2026)

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Adult Adoption in California - DocDraft