Adult adoption is a legal procedure in which an older adult adopts a younger adult. Once an adult adoption is complete, the parties assume toward each other a legal parent-child relationship, with all associated rights and responsibilities of such a relationship, including inheritance rights. Adult adoption cannot be used for Immigration purposes.
Information included in this guide does not apply to independent, agency, international, or stepparent adoptions. Stepparent Adoption forms can be accessed through the Sacramento Superior Court at the following link: Stepparent Adoption Forms.
An adult adoption severs all existing parent-child relationships, unless the adopting parent is the adoptee’s stepparent. When a stepparent adopts an adult stepchild, the adopting parent’s spouse retains his/her parent-child relationship with the adoptee. The procedures for adopting an adult in California are found in the California Family Code (Fam.) §§ 9300-9340.
The required documents for an adult adoption are:
There is no Judicial Council form for this procedure. Instead, the relevant documents must be typed on 28-line pleading paper. Customizable templates may be downloaded from these links:
Sample filled-in forms with instructions are available at the end of this Guide.
Make copies for all parties and for the Court. Your Adoption Agreement and Spousal Consents should be attached to your Petition as exhibits.
In Sacramento County, the exhibits in one set of photocopies must be separated by a rigid sheet of card stock with a tab identifying the letter of the exhibit on the bottom. The Law Library sells exhibit tabs at the Circulation Desk.
Exhibits for the original and other two copies should be separated by a blank piece of pleading paper with their exhibit letter or number typed or written at the bottom of the page. The copy with the tab will be kept by the court, and the tab exists to allow the judge to quickly flip to the exhibit. If you forget this tab on one of the copies, the court clerk may reject your entire filing.
Form VS-44, Court Report of Adoption, is required for all types of adoptions. The court completes this form and forwards it to the Office of Vital Records. In many courts, the clerk will provide the form. Otherwise, you may request the form by mail from the California Department of Public Health, Office of Vital Records.
A VS-44 web form is also available online.
California Department of Public Health, Office of Vital Records
MS 5103 P.O. Box 997410, Sacramento, CA 95899-7410
File your Petition for Approval of Adoption Agreement, including exhibits, along with the blank VS-44. You may file in the county where either party resides.
The clerk will stamp “endorsed filed” on your Petition including all copies, assign your case number, and set a hearing date.
The court does not impose a filing fee for adoption papers, but you will have to pay $20, which is forwarded to the Registrar of Vital Statistics for preparing and maintaining the official records California Health & Safety Code § 103730.
Where Do I File in Sacramento?
William R. Ridgeway Family Relations Courthouse
3341 Power Inn Road
Sacramento, CA 95826
NOTE: If the adoptee is a developmentally disabled adult, you must give a 30-day notice of the hearing to the director of the regional center for the developmentally disabled. The center will file a written report with the court regarding the suitability of the adoption. Fam. § 9327.
Bring your Adoption Agreement and Order of Adoption to your hearing. The Court will ask you the reasons for this adult adoption. Make sure that the statements in your Petition are clear and specific and refer to the Petition as you speak to the judge. Both parties must be present at the hearing.
After your hearing, file your signed Order of Adoption. The clerk can provide you with certified copies of the Order of Adoption upon your request.
After the adoption is final, the court will mail the VS-44 to the State Office of Vital Records. On this form, you may request an amended birth certificate that reflects this adoption. It may take several months for the Office of Vital Records to process your amendment.
SH@LL (Self-Help at the Law Library) (formerly Civil Self Help Center)
609 9 th Street, Sacramento CA 95814
(916) 476-2731 (Appointment Request Line)
Services Provided: SH@LL provides general information and basic assistance to self-represented litigants on a variety of civil legal issues, including name changes. All assistance is provided by telephone. Visit “What we can help with” for a list of qualifying cases.
Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento County Superior Court.
At 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 Lexis Advance.
California Transactions Forms: Family Law KFC 68 .F3
Chap. 6, § III: Adoption of Adult or Unmarried Minor.
Summary of California Law KFC 80 .W57 (Ready Reference)
Vol. 10, Parent and Child, §§ 154 – 156.
This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.
