Santa Rosa, CA asked in Family Law and Adoption for California

Q: Can my stepmom adopt me even though she and my bio mom aren't together anymore? My bio mom doesn't have parental rights.

I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only with K. Soon after C's parental rights were terminated, T and C got divorced. I no longer have contact with C, and she does not have parental rights. I am wanting to be adopted by T, but I don't want to terminate K's parental rights at all. Essentially, I want both T and K to legally be my parents (T and K are not and have never been in a relationship). Is that possible to do?

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

A: Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not need to terminate her parental rights for T to adopt you.

However, it's important to note that adult adoption typically creates a new legal relationship between the adoptee and the adoptive parent, and in most cases, it terminates any existing legal parent-child relationship with other parents. In your unique situation, where you wish to have both K and T as your legal parents, it may require a more nuanced approach.

It's advisable to consult with a family law attorney who has experience with adult adoptions and non-traditional family structures. They can provide guidance specific to your situation and help navigate the legal process to achieve your desired outcome. Remember, each case is unique and the specifics of your situation will determine the best course of action.

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