Procedures for Adult Adoptions

Division 13, Part 3, Chapter 2 deals with procedures for adult adoptions and married minors.

Section 9320 allows an adult to adopt another adult who is younger, except the spouse of the prospective adoptive parent, by an adoption agreement approved by the court, as provided in this chapter. The adoption agreement must be in writing, executed by the prospective adoptive parent and the proposed adoptee, and state that the parties agree to assume toward each other the legal relationship of parent and child and to have all of the rights and be subject to all of the duties and responsibilities of that relationship.

Section 9321 allows the prospective adoptive parent and the proposed adoptee to file in the county in which either person resides a petition for approval of the adoption agreement. The petition for approval of the adoption agreement must state all six specified items.

Section 9321.5 provides that a person who is a resident of this state may file a petition for adult adoption with the court in any of the three specified counties.

Section 9322 requires the court clerk, when the petition for approval of the adoption agreement is filed, to set the matter for hearing.

Section 9323 allows the court to require notice of the time and place of the hearing to be served on any other interested person and any interested person may appear and object to the proposed adoption.

Section 9324 requires both the prospective adoptive parent and the proposed adoptee to appear at the hearing in person, unless the court allows otherwise.

Section 9325 does not require any investigation or report to the court by any public officer or agency, but the court may require the county probation officer or the department to investigate the circumstances of the proposed adoption and report thereon, with recommendations, to the court before the hearing.

Section 9326 requires the prospective adoptive parent to mail or personally serve notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled, and to any living birth parents or adult children of the proposed adoptee, at least 30 days before the day of the hearing on an adoption petition in any case in which both of the specified conditions exist.

Section 9327 requires a written report with the court to be filed regarding the suitability of the proposed adoption in meeting the needs of the proposed adoptee and regarding any known previous adoption by the prospective adoptive parent.

Section 9328 requires, at the hearing, for the court to examine the parties, or the counsel of any party not present in person. If the court is satisfied that the adoption will be in the best interests of the persons seeking the adoption and in the public interest and that there is no reason why the petition should not be granted, the court is required to approve the adoption agreement and make an order of adoption declaring that the person adopted is the child of the adoptive parent. Otherwise, the court shall withhold approval of the agreement and deny the petition.