Porter Ranch, CA asked in Adoption and Family Law for California

Q: Adult adoption - If my father is still living, but my mother is dead, can another woman adopt me as my new mother?

Not looking to separate from my father legally, but wondering if another woman can adopt me as my new mother if my mother is no longer living. She is NOT married to my father but is the closest relationship I have for a mother.

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Family Law Lawyer
  • Eagan, MN
  • Licensed in California

A: Yes, if your father is still living, but your mother is dead, another woman can adopt you.

James L. Arrasmith
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Answered
  • Family Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Adult adoption is a legal process that is recognized in California, and it is possible for a person to be adopted as an adult under certain circumstances. The purpose of adult adoption can be to formalize an existing parent-child relationship, or for inheritance purposes, among other reasons.

In your specific situation, it is indeed possible for another woman to adopt you as an adult, even if your biological father is still living. The consent of your biological father is not necessary in this case. The woman who would be adopting you does not need to be married to your father or have any other specific legal relationship with him. The key factor is that you, as the adoptee, must consent to the adoption since you're an adult.

It's important to understand that this process requires court approval. To start the process, the adopting parent would need to file a Petition for Adoption in the Superior Court of the county where they live. You, as the adoptee, would also need to sign a consent to adoption. After filing the necessary paperwork, a court hearing would be set. If the court agrees that the adoption is in the best interest of all parties involved, the court will issue an adoption order.

Remember, this is a significant legal decision with far-reaching effects. For example, an adoption would create a legal parent-child relationship, and that could potentially affect inheritance rights. Therefore, it's essential to consult with a family law attorney in California before proceeding. An attorney can provide you with specific advice tailored to your situation and can help you navigate the adoption process.

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