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IL-SACRAME TOCOUNTYPUBL 1 LAWLI. BRAR saclaw.orgSacramento County Public Law Library& Civil Self Help Center609 9th St.Sacramento, CA 95814(916) 874-6012 Home Law 101ADULT ADOPTIONHow to Adopt an AdultThis Guide includes instructions and sample forms. The Guideand related forms may be downloaded from:saclaw.org/adult-adoptionBACKGROUNDAdult adoption is a legal procedure in which an older adultadopts a younger adult. Once an adult adoption is complete,the parties assume toward each other a legal parent-childrelationship, with all associated rights and responsibilities ofsuch a relationship, including inheritance rights. AdultAdoption cannot be used for Immigration purposes.Related InformationInformation included in this guidedoes not apply to independent,agency, international, or stepparentadoptions. Stepparent Adoptionforms can be accessed through theSacramento Superior Court at thefollowing link: Stepparent Adoption FormsAn adult adoption severs all existing parent-child relationships, unless the adopting parent is theadoptee’s stepparent. When a stepparent adopts an adult stepchild, the adopting parent’s spouseretains his/her parent-child relationship with the adoptee. The procedures for adopting an adult inCalifornia are found in the California Family Code (Fam.) §§ 9300-9340.The required documents for an adult adoption are: The Adoption Agreement. This document states that the parties agree to assume towardeach other the legal relationship of parent and child, and to have all the rights and be subjectto all the duties and responsibilities of that relationship. The Petition for Approval of Adoption Agreement. This is the formal request that the courtapprove the Adoption Agreement. This document must provide specific details, including theages of the parties, the nature and length of their relationship, and the reasons the parties areseeking this adoption. Be clear and specific about why the adoption would be in the bestinterest of the parties. The Order of Adoption. This is the formal court order granting the adoption. Present this atthe adoption hearing for the judge to sign. Spousal Consent(s). If either party is married, consent of the spouse(s) is required.Disclaimer: This Guide is intended as general information only. Your case may have factors requiringdifferent procedures or forms. The information and instructions are provided for use in SacramentoCounty. Please keep in mind that each county may have different requirements. If you need furtherassistance consult a lawyer.
saclaw.orgAdult Adoption Home Law 101STEP-BY-STEP INSTRUCTIONSStep 1: Complete the Required FormsThere is no Judicial Council form for this procedure. Instead, the relevant documents must be typedon 28-line pleading paper. Customizable templates may be downloaded from these links: Adoption Agreement Consent of Spouse of Adopted Person Consent of Spouse of Adopting Parent Petition for Approval of Adoption Agreement Order of AdoptionSample filled-in forms with instructions are available at the end of this Guide.Step 2: Make Copies & OrganizeMake copies for all parties and for the Court. Your Adoption Agreement and Spousal Consentsshould be attached to your Petition as exhibits.In Sacramento County, the exhibits in one set of photocopies must be separated by a rigid sheet ofcard stock with a tab identifying the letter of the exhibit on the bottom. The Law Library sells exhibittabs at the Circulation Desk.Exhibits for the original and other two copies should be separated by a blank piece of pleading paperwith their exhibit letter or number typed or written at the bottom of the page. The copy with the tab willbe kept by the court, and the tab exists to allow the judge to quickly flip to the exhibit. If you forget thistab on one of the copies, the court clerk may reject your entire filing.Step 3: Obtain Form VS-44, Court Report of AdoptionForm VS-44, Court Report of Adoption, is required for all typesof adoptions. The court completes this form and forwards it tothe Office of Vital Records. In many courts, the clerk will providethe form. Otherwise, you may request the form by mail from theCalifornia Department of Public Health, Office of Vital Records.This form is also available online:California Department ofPublic Health, Office ofVital RecordsMS 5103 P.O. Box997410, Sacramento, t%20Library/ControlledForms/VS44.pdfStep 4: File Your DocumentsFile your Petition for Approval of Adoption Agreement, includingexhibits, along with the blank VS-44. You may file in the countywhere either party resides.The clerk will stamp “endorsed filed” on your Petition including allcopies, assign your case number, and set a hearing date.The court does not impose a filing fee for adoption papers, butyou will have to pay 20, which is forwarded to the Registrar of2saclaw.org/adult-adoptionWhere Do I File inSacramento?William R. Ridgeway FamilyRelations Courthouse3341 Power Inn RoadSacramento, CA 95826
saclaw.orgAdult Adoption Home Law 101Vital Statistics for preparing and maintaining the official records California Health & Safety Code §103730.NOTE: If the adoptee is a developmentally disabled adult, you must give a 30-day notice of the hearingto the director of the regional center for the developmentally disabled. The center will file a writtenreport with the court regarding the suitability of the adoption. Fam. § 9327.Step 5: Attend the Adoption HearingBring your Adoption Agreement and Order of Adoption to your hearing. The Court will ask you aboutthe reasons for this adult adoption. Make sure that the statements in your Petition are clear andspecific, so you can refer to the Petition as you speak to the judge. Both parties must be present atthe hearing.Step 6: File Your Signed Order of AdoptionAfter your hearing, file your signed Order of Adoption. The clerk can provide you with certified copies ofthe Order of Adoption upon your request.Step 7: Amend Your Birth CertificateAfter the adoption is final, the court will mail the VS-44 to the State Office of Vital Records. On thisform, you may request an amended birth certificate that reflects this adoption. It may take severalmonths for the Office of Vital Records to process your amendment.FOR MORE INFORMATIONAt the Law Library:California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Reference)Vol. 2, Chap. 12C, Adoption: Adults and Unmarried Minors.Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.California Transactions Forms: Family Law KFC 68 .F3Chap. 6, § III: Adoption of Adult or Unmarried Minor.Electronic Access: On the Law Library’s computers, using WestlawNext.Witkin Summary of California Law KFC 80 .W57 (Ready Reference)Vol. 10, Parent and Child, §§ 154 - 156.Electronic Access: On the Law Library’s computers, using WestlawNext.IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THEMATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.H:\public\LRG-SBS\SbSs\SBS Adult Adoption11/2018 rmm3saclaw.org/adult-adoption
saclaw.orgAdult Adoption Home Law 101ATTACHMENTS: FORMS AND INSTRUCTIONSThere is no Judicial Council form for this procedure. Instead, the relevant documents must be typedon 28-line pleading paper. Customizable templates may be downloaded from these links: Adoption AgreementConsent of Spouse of Adopted PersonConsent of Spouse of Adopting ParentPetition for Approval of Adoption AgreementOrder of AdoptionSample filled-in forms with instructions are available at the end of this Guide.4saclaw.org/adult-adoption
IMPORTANT: RED boxes and arrows are instructions, and are not part of yourcompleted document. Text that appears in BLUE is text you will change to fit your case.1234567PAUL PARENT1234 Main StreetSacramento, CA 95814916-555-1234//CHRISTINE CHILD9876 Elm AvenueSacramento, CA 95825916-555-9876/SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF SACRAMENTO9111213) Case No.:In the Matter of theEnter the name of the person beingAdoptionof)adopted, followed by “An Adult Person”or “A Married Minor.” Leave the) caseADOPTIONnumber blank for now. It will beassigned when you file your papers.)1Christine Child,An Adult PersonEnter the names,Paulages, and14currentaddresses forboth parties. lives15Enter the name of the county in which youwill file your papers. Adoption papers maybe filed in the court where either party lives.PAUL PARENT and CHRISTINE CHILD, IN PRO PER810Enter both petitioners’ names, addressesand phone numbers. Below that, enter thepetitioners’ names next to “IN PRO PER.” InPro Per means you’re representing yourself.rAGREEMENTParent, age 50, who lives at 1234 Main Street, Sacramento, and Christine Child, age 25, whoat 9876 Elm Avenue, Sacramento, have entered into the following agreement:16WHEREAS, Paul Parent wishes to adopt Christine Child, and Christine Child wishes to be adopted17by Paul Parent,181920212223IEnter the party names, as appropriate.ITHEREFORE, the parties agree as follows:1. To assume toward each other the legal relation of parent and child, and to have all the duties andresponsibilities of that relation;IEnter the name of the county in which you will file your papers. I2. To file a joint petition in the Superior Court of California, County of Sacramento, praying forapproval of this Agreement of Adoption by issuance of a decree of adoption.2425262728Dated:"Both parties must signand date this agreement./Paul ParentChristine Child-1ADOPTION AGREEMENT
IMPORTANT: RED boxes and arrows are instructions, and are not part of yourcompleted document. Text that appears in BLUE is text you will change to fit your case.1234567PAUL PARENT1234 Main StreetSacramento, CA 95814916-555-1234CHRISTINE CHILD9876 Elm AvenueSacramento, CA 95825916-555-9876Enter both petitioners’ names, addressesand phone numbers. Below that, enter thepetitioners’ names next to “IN PRO PER.” InPro Per means you’re representing yourself.PAUL PARENT and CHRISTINE CHILD, IN PRO PER89Enter the name of the county in which youwill file your papers. Adoption papers may befiled in the court where either party lives.SUPERIOR COURT OF THE STATE OF CALIFORNIA10FOR THE COUNTY OF SACRAMENTO1112131415161718) Case No.:In the Matter of the Adoption ofChristine Child,An Adult Person)Enter the name of theperson being adopted,)followed by “An Adult)Person” or “A Married)Minor.” Leave the Case)Number blank. This will be )assigned when you file your)papers.CONSENT OF SPOUSE OF ADOPTEDPERSON))I, Charles Child, hereby state that I was married to Christine Child, an adult person, on19June 15, 2006, and that we remain married and are not lawfully separated. I hereby consent20to the adoption of my wife by Paul Parent.21Dated:222324Enter the names as appropriate, and date of marriage.Sign and date the consent.Charles Child25262728-1CONSENT OF SPOUSE OF ADOPTED PERSON
IIMPORTANT: RED boxes and arrows are instructions, and are not part of yourcompleted document. Text that appears in BLUE is text you will change to fit your case.1234567PAUL PARENT1234 Main StreetSacramento, CA 95814916-555-1234CHRISTINE CHILD9876 Elm AvenueSacramento, CA 95825916-555-9876Enter both petitioners’ names, addressesand phone numbers. Below that, enter thepetitioners’ names next to “IN PRO PER.” InPro Per means you’re representing yourself.PAUL PARENT and CHRISTINE CHILD, IN PRO PER89FOR THE COUNTY OF SACRAMENTO11131415161718Enter the name of the county in whichyou will file your papers. Adoptionpapers may be filed in the court whereeither party lives.SUPERIOR COURT OF THE STATE OF CALIFORNIA1012I) Case No.:)) CONSENT OF SPOUSE OF ADOPTINGEnter the name of the person beingadopted, followed by “An Adult ) PARENT)Person” or “A Married Minor.” Leave) bethe Case Number blank. This will)assigned when you file your papers.)))In the Matter of the Adoption ofChristine Child,An Adult PersonI, Pamela Parent, hereby state that I was married to Paul Parent on December 1, 1994, and19that we remain married and are not lawfully separated. I hereby consent to the adoption of20Christine Child, an adult person, by my husband, Paul Parent.Enter the names as appropriate, and date of marriage.212223242526Dated:Sign and date the consent.Pamela Parent2728-1CONSENT OF SPOUSE OF ADOPTING PARENT
I IMPORTANT: RED boxes and arrows are instructions, and are not part of yourcompleted document. Text that appears in BLUE is text you will change to fit your case.1234567PAUL PARENT1234 Main StreetSacramento, CA 95814916-555-1234/CHRISTINE CHILD9876 Elm AvenueSacramento, CA 95825916-555-9876PAUL PARENT and CHRISTINE CHILD, IN PRO PER8111213In the Matter of the Adoption ofChristine Child,'An Adult Person141516-Enter the name of the county in which youwill file your papers. Adoption papers maybe filed in the court where either party lives./SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF SACRAMENTO910Enter both petitioners’ names, addressesand phone numbers. Below that, enter thepetitioners’ names next to “IN PRO PER.” InPro Per means you’re representing yourself.) Case No.:Enter the name of the personbeing adopted, followed by “An)Adult Person” or “A MarriedMinor.” Leave the Case Number)blank. This will be assignedwhen you file your papers.) PETITION FOR APPROVAL OFADOPTION AGREEMENTPetitioners allege: 1.Petitioner Christine Child is an adult person, who is 25 years of age, born on January 15,171985, in Sacramento, California, and now residing at 9876 Elm Avenue, Sacramento.18Petitioner Christine Child, was married to Charles Child on June 15, 2006 in Elk Grove,19California and is still married to Charles Child and not lawfully separated from Charles Child.20212223In separate paragraphs, identify each petitioner, including their name, age, birthdate, and current address. If thepetitioner is married, indicate the spouse’s name, date of marriage, and if they are still married or are legally separated.2. Petitioner Paul Parent is an adult person who is 50 years of age, born on April 3, 1959, in Denver, Colorado, and now residing at 1234 Main Street, Sacramento. Petitioner PaulParent was married to Pamela Parent on December 1, 1994 in Sacramento, Californiaand is still married to Pamela Parent and not lawfully separated from Pamela Parent.242526I27283. On or about March 15, 2009, petitioners entered into and executed a written adoption agreement in which petitioner Paul Parent agreed to adopt petitioner Christine Child,petitioner Christine Child agreed to be adopted by petitioner Paul Parent, and bothpetitioners agreed to assume towards each other the legal relation of parent and child andI Enter the date your adoption agreement was signed, and the party names as appropriate.-1PETITION FOR APPROVAL OF ADOPTION AGREEMENT
123456789101112to have all the rights and be subject to all the duties and responsibilities of that relation. Acopy of the Adoption Agreement is attached hereto as Exhibit A and made a part hereof.4. The spouse of Christine Child, Charles Child, has duly consented in writing to theadoption sought herein. A copy of his/her consent is attached hereto as Exhibit B and madea part hereof.If the adoptee is married, spousal consent is required. Enter the names as appropriate to indicatethat spousal consent has been obtained. If the adoptee is unmarried, remove this paragraph.I5. The spouse of Paul Parent, Pamela Parent, has duly consented in writing to the adoptionsought herein. A copy of his/her consent is attached hereto as Exhibit C and made a parthereof.If the adopting parent is married, spousal consent is required. Enter the names as appropriate to indicatethat spousal consent has been obtained. If the adopting parent is unmarried, remove this paragraph.II6. Petitioner Paul Parent desires to adopt petitioner Christine Child, and petitioner ChristineChild desires to be so adopted.Enter the names of the petitioners as appropriate, to indicate that bothparties desire this adoption.Indicate the family relationship between the7. Petitioner Christine Child is a stepdaughter of petitioner PaulParent.parties,such as stepchild or nephew. If there is13 the length and nature of the relationship between the parties.I DescribeIno family relationship, remove this paragraph.8. Petitioner Paul Parent has known Christine Child for 15 years. Petitioner Christine Child 1415161718came to live with petitioner Paul Parent at the age of 10 when her mother married petitioner,and resided in his home until her marriage. No adoption was completed during theminority of Christine Child because the birth father would not give his consent to theadoption.19I 9. The Petitioners seek this adoption in order to establish a legal relationship that exists in20fact, and because it is in their best interests that petitioners have between them the legal21222324State reasons why this adoption is sought and is in best interests of the parties and the public.rights and obligations of parent and child, including rights relating to inheritance and dutiesof support. This adoption is in the public interest for the same reasons, and particularlybecause it will create legal duties of support between the petitioners and thereby reduce thelikelihood of either petitioner becoming a public charge in the future.2510. The names and addresses of the living parents and adult children of petitioner Christine26Child are as follows:2728Father’s name and addressMother’s name and addressIList the names and addresses of the adoptee’s parents and adultchildren. If none, remove this paragraph.-2PETITION FOR APPROVAL OF ADOPTION AGREEMENTI
If the adopting parent, or the adopting parent’s spouse, has previously adopted an adult, enter the name anddate of that adoption. If not, remove this paragraph.1211. Paul Parent has previously adopted Name of previous adult adopted person, an adultperson, on March 26, 2000, at Sacramento, California.3456712. Petitioner Christine Child wishes to continue to be known by that name (or be known bythe name of New Name).IIndicate if the adoptee wishes to keep their current name, or takethe family name of the adoptive parent.IWHEREFORE, petitioners pray that the court permit all persons concerned in this matter toattend and be heard, and that the court examine all persons appearing before it as required8by law, and if satisfied that the best interests of the parties and the public9interest will be promoted by the proposed adoption, grant the petition, approve the10agreement of adoption, and make a decree that Christine Child has been duly and legally11adopted by petitioner Paul Parent.1213'Enter the names of the parties as appropriate.Both parties must sign and date this petition. Dated: .14 Paul Parent1516Christine Child17VERIFICATION18I, Paul Parent, am one of the petitioners in the above-entitled proceeding. I have read the19foregoing petition and know the contents thereof. The same is true of my own knowledge,2021222324except as to those matters which are therein alleged on information and belief, and, as tothose matters, I believe it to be true.I declare under penalty of perjury under the laws of the State of California that the foregoingis true and correct.Dated:25262728IOne party must sign theverification, indicating that thecontents of the petition are trueand correct.Paul ParentI-3PETITION FOR APPROVAL OF ADOPTION AGREEMENT
IMPORTANT: RED boxes and arrows are instructions, and are not part of yourcompleted document. Text that appears in BLUE is text you will change to fit your case.-1234567PAUL PARENT1234 Main StreetSacramento, CA 95814916-555-1234CHRISTINE CHILD9876 Elm AvenueSacramento, CA 95825916-555-9876)Enter both petitioners’ names, addresses andphone numbers. Below that, enter thepetitioners’ names next to “IN PRO PER.” InPro Per means you’re representing yourself.IPAUL PARENT and CHRISTINE CHILD, IN PRO PER8Enter the name of the county in whichyou will file your papers. Adoptionpapers may be filed in the court whereeither party lives./9SUPERIOR COURT OF THE STATE OF CALIFORNIA10FOR THE COUNTY OF SACRAMENTO111213141516) Case No.:In the Matter of the Adoption ofChristine Child, An Adult Person)Enter the name of the person beingadopted, followed by “An Adult) ORDERPerson” or “A Married Minor.” )Leave the case number blank for)now. It will be assigned when )youfile your papers.) OF ADOPTION/Enter the names as appropriate,as well as the date, department,and judge for the adoptionhearing. These will be assignedwhen you file your papers.The petition of Paul Parent and Christine Child for adoption came on regularly to be heard17on April 15, 2008, in Department No. 20 of this court, before the Honorable Edward Smith,18Judge of the Superior Court. Both petitioners appeared along with their attorney Robert19Johnson. Charles Child, the spouse of petitioner Christine Child, appeared. Pamela Parent,20the spouse of petitioner Paul Parent also appeared. The court, having examined the2122"'petitioners, and received and considered the testimony and documentary evidence andarguments of counsel, finds as follows:Enter the name(s) of all attorney(s) and spouse(s) present at the hearing.If no attorneys or spouses were present, remove these sentences.231. Petitioner Paul Parent has attained the age of majority and is older than petitioner24Christine Child.2526I Enter the party names as appropriate.2. Petitioner Christine Child is an adult.I Enter the adoptee’s name and status (e.g., adult or married minor). I273. Petitioners Paul Parent and Christine Child are residents of Sacramento County,28California.Enter the names of the party(s) who reside in the county where this matteris being heard. If only one party resides in the county, list only that name.-1ORDER OF ADOPTION
12345674. On or about March 15, 2009, petitioners entered into a written agreement by whichpetitioner Paul Parent agreed to adopt petitioner Christine Child, and the latter agreed to beadopted by the former, and the petitioners agreed to assume toward each other the relationof parent and child.I Enter the date the Adoption Agreement was signed, and the party names as appropriate. I5. Charles Child, the spouse of petitioner Christine Child, has consented in writing to theadoption herein.I Enter the names as appropriate. If the party is not married, remove this paragraph. I86. Pamela Parent, the spouse of petitioner Paul Parent, has consented in writing to the9adoption herein.I Enter the names as appropriate. If the party is not married, remove this paragraph. I101112131415167. The court is satisfied and finds that the adoption will be for the best interest of the partiesand in the public interest, and that there is no reason why the petition should not be granted.IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition herein be, and ithereby is, granted and approved and petitioner Christine Child is hereby adopted bypetitioner Paul Parent, and the former shall hereafter be regarded and treated in all respectsas the lawful child of the latter and shall be known as New Name.1718Enter the names asappropriate. If the adopteerequested their name bechanged, enter the newname in the last sentence.192021Dated: .IThe judge will sign and date this order.22232425262728-2ORDER OF ADOPTIONIJudge of the Superior Court
IBIT A
California are found in the California Family Code (Fam.) §§ 9300-9340. The required documents for an adult adoption ar e: The Adoption Agreement. This document states that the parties agree to assume toward each other the legal relationship of pa
