Is this an Independent or Relative adoption?

Asked over 1 year ago - Porterville, CA

I am hoping to adopt my ex-husband's great nephew who is now nineteen years old. His biological mother is my, now, ex-husband's niece. When he was five months old both of his biological parents "gave" him to my, now ex-husband and me. When he was nine months we were granted legal guardianship. When he was fifteen years old I divorced and was granted sole physical and legal custody and now I want to adopt him. He is nineteen and 110% in agreement of the adoption. Will I have to serve either his biological parents or my ex-husband? Will this be an Independent or Relative adoption?

Attorney answers (2)

  1. Lilah J Sutphen

    Contributor Level 7

    Answered . In California, adult adoptions are governed by California Family Code sections 9300-9307. The filing requirements for each county differ, though generally a Petition for Adoption and Adoption Agreement will be required, as well as a final Adoption Order which the judge will sign. If either you or your ex-husband's great nephew is married, the consent of your respective spouses may also be required. The process is fairly straight-forward and it is possible that you will be able to complete it yourself. I recommend you contact your local Superior Court to determine what forms or pleadings are required. If it becomes overwhelming, research a local adoption attorney who will likely be able to assist you for a relatively low rate based on the simplicity of the matter.

  2. Sara R. Howard

    Pro

    Contributor Level 14

    Answered . Since your ex's great nephew is now 19 years old, this would be considered an 'adult adoption' . . If this matter was in Illinois, you would be allowed to adopt your ex's great nephew since you have had physical and legal custody for more than 2 years; and under Illinois law, you would not need the biological parents' consent, but the adult being adopted would have to consent to his own adoption as part of the process. Since adoption laws vary from state to state, you should contact any attorney in your area who is familiar with adoption laws to determine what is needed.

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