General Provisions for Adult Adoptions

Division 13, Part 3, Chapter 1 of the Family Code provides general provisions regarding the adoption of adults and married minors.

Section 9300 states that an adult may be adopted by another adult, including a stepparent, as provided in this part. In addition, a married minor may be adopted in the same manner as an adult under this part.

Section 9301 specifies that a married person who is not lawfully separated from the person’s spouse may not adopt an adult without the consent of the spouse, provided that the spouse is capable of giving that consent.

Section 9302 says that a married person who is not lawfully separated from the person’s spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent.

Section 9303 provides that, upon a finding of good cause, a person cannot adopt more than one unrelated adult pursuant to this part within one year of the person’s adoption of an unrelated adult, unless the proposed adoptee is the biological sibling of a person previously adopted pursuant to this part or unless the proposed adoptee is disabled or physically handicapped.

Section 9304 states that a person adopted pursuant to this part may take the family name of the adoptive parent.

Section 9305 provides that, after adoption, the adoptee and the adoptive parent or parents must sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.

Section 9306 specifies that the birth parents of a person adopted pursuant to this part are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted person, and have no right over the adopted person.

Section 9307 provides that a hearing with regard to adoption or termination of a parent and child relationship may, in the discretion of the court, be open and public.