When people think of adoptions, they generally envision an adult adopting a non-biological minor child. However, what most people generally do not consider is that there are numerous forms of adoption, and it is applicable to both children and adults alike. This article will detail both minor and adult adoptions.
Stepparent Adoption
The most common type of adoption of a minor child in California, is a stepparent adoption. Fortunately for many, California recognizes the right for a stepparent to legally adopt their spouse’s biological child. In doing so, the stepparent is honored with all the legal rights and responsibilities of being that child’s legal parent alongside their spouse. In turn, this terminates the other biological parent’s parental rights and responsibilities.
A stepparent adoption can be very straightforward and mirror that of an administrative proceeding, provided that the non-spouse parent consents to the adoption. In this scenario, a hearing may not even be necessary and a social services agency will conduct an investigation to determine whether the adoption is in the child’s best interest. The agency will prepare a report, which will be submitted to the court, and the adoption process can be completed within a matter of only six months.
Adult Adoption
California courts further have the authority to award an adult adoption. An adult adoption is the process by which an older adult adopts a younger adult. Although an adult adoption carries no requirement for any existing relationship between the adopter and adoptee, it is typically sought by a stepparent, adopting their partner’s adult child. Through this process, a brief hearing will be conducted, and the adoptive parent will be awarded a legal parent-child relationship with the adoptive adult child, terminating the parental relationship of the parent to be displaced. With this relationship, the adoptee can legally inherit property from the adopter.
Once the adoption is granted, the adoptive adult child may take the adoptive parent’s last name or change their name completely, if so desired. The adoptive adult child may also amend their birth certificate to reflect the new parent-child relationship.
Selecting the Right Attorney for Your Adoption Case
With numerous forms of adoption, selecting the right attorney with experience in both minor and adult adoptions will help smooth the process and ensure legal compliance. Learn more about the expertise of the attorneys at Hoover Krepelka. And how we can eliminate the headache to guide families through the adoption process.
