Overview
Original Birth Certificates. California is a Restricted State. California-born adult adopted people must petition the court and show “good and compelling cause” to obtain their own original birth records. Although courts are required to give “great weight” to the fact that the petitioning adoptee is an adult, “great weight” has not been defined in the context of requesting birth records.
Court Records. Court records are are not available except upon written authorization of the court. A court order to release records is only available if the person seeking the records demonstrates “good cause approaching the necessitous.”
People Are Not Secrets. Like many states, California does not require the issuance of a new amended birth certificate after an adoption. Rather, California law allows adoptive parents to request that a new certificate “not be established by the State Registrar.” In such cases the original birth certificate is not sealed and it remains available to the adopted person, despite a myth that birthparents retain a right to privacy over the release of the adopted person’s birth record.
Identifying Information. Identifying information on birthparents may be released, but this is dependent upon the age of the adoptee, the date of adoption, and whether birthparents will agree to release information. This is applicable generally to adoptions finalized on or after January 1, 1984. For all others, the state and adoption agencies advertise a Mutual Consent Program, similar to a registry. Unless a match is made through the consent program, no information is released.
Descendant Rights. Descendants of adopted people have no rights to obtain a copy of the adopted person’s original birth certificate, other than through a court order.
Adult Adoption. California law provides for the adoption of adults. Consent of the adult to be adopted is necessary. Married adults must also obtain the consent of their spouses to complete an adult adoption.
California Law: Vital Records and Birth Certificates
Relevant parts of California vital records law. The entire California vital records statute is available here.
California Health and Safety Code Section 102625. The clerk of the court shall complete a report upon a form provided for that purpose and forward the report to the State Registrar within five days after a decree of adoption has been entered declaring a child legally adopted by any court in the state. The report shall be forwarded within five days after an interlocutory decree of adoption becomes a final decree of adoption, and not earlier.
Section 102630. The court reports of adoption that are received by the State Registrar for births that occurred in another state, the District of Columbia, in any territory of the United States, or Canada shall be transmitted to the registration authority of the place of birth.
Section 102635. A new birth certificate shall be established by the State Registrar upon receipt of either of the following:
(a) A report of adoption from any court of record that has jurisdiction of the child in this state, another state, the District of Columbia, in any territory of the United States, or in any foreign country, for any child born in California and whose certificate of birth is on file in the office of the State Registrar.
(b) A readoption order issued pursuant to Section 8919 of the Family Code.
Section 102640. When requested by the adopting parent or parents, a new certificate shall not be established by the State Registrar.
Section 102645. The new birth certificate shall bear the name of the child as shown in the report of adoption, the names and ages of his or her adopting parents, the date and place of birth, and no reference shall be made in the new birth certificate to the adoption of the child. The new certificate shall be identical with a birth certificate registered for the birth of a child of natural parents, except, when requested by the adopting parents, the new birth certificate shall not include the specific name and address of the hospital or other facility where the birth occurred, the color and race of the parents, or both.
Section 102660. If both adopting parents were in the home at the time of the initial placement of the child for adoption the newly amended birth record may include the names of both adopting parents despite the death of one of the adopting parents, upon receipt of an order from the court granting the adoption that directs under the authority of Section 8615 of the Family Code that the names of both adopting parents shall be included on the newly amended birth record.
Section 102670. Notwithstanding any other provision of law, an adopting parent who has adopted a child for whom an amended record has already been prepared under authority of this article may have another amended record prepared for the child, upon application, furnishing a copy of the court order made in an action brought pursuant to Section 8615 of the Family Code, and payment of the required fee.
Section 102675. At any time after the issuance of a new birth certificate another amended certificate may be issued, at the request of the adopting parents, that omits any or all of the following:
(a) The specific name and address of the hospital or other facility where the birth occurred.
(b) The city and county of birth.
(c) The color and race of the parents.
Section 102680. The new birth certificate shall supplant any birth certificate previously registered for the child and shall be the only birth certificate open to public inspection.
Section 102685. When a new birth certificate is established under this article, the State Registrar shall inform the local registrar and the county recorder whose records contain copies of the original certificate, who shall forward the copies to the State Registrar for filing with the original certificate, if it is practical for him or her to do so. If it is impractical for him or her to forward the copy to the State Registrar, he or she shall effectually seal a cover over the copy in a manner as not to deface or destroy the copy and forward a verified statement of his or her action to the State Registrar. Thereafter the information contained in the record shall be available only as provided in this article.
Section 102690. For court reports of adoptions received from any court of record of this State, another state, the District of Columbia, or in any territory of the United States, that has jurisdiction of a child born in this State and for whom no original record of birth is on file in the Office of the State Registrar the court report of adoption shall constitute a court order delayed birth registration; provided, the court report contains a statement of the date and place of birth.
Section 102695. A court report of adoption received from any court of record in this State, wherein the birth occurred outside the United States, the Territories of the United States, or Canada shall constitute a court order delayed registration of birth; provided, the court report contains a statement of the date and place of birth.
Section 102700. The court report of adoption shall be filed with the original record of birth, that shall remain as a part of the records of the State Registrar.
Section 102705. All records and information specified in this article, other than the newly issued birth certificate, shall be available only upon the order of the superior court of the county of residence of the adopted child or the superior court of the county granting the order of adoption.
No such order shall be granted by the superior court unless a verified petition setting forth facts showing the necessity of the order has been presented to the court and good and compelling cause is shown for the granting of the order. The clerk of the superior court shall send a copy of the petition to the State Department of Social Services and the department shall send a copy of all records and information it has concerning the adopted person with the name and address of the natural parents removed to the court. The court must review these records before making an order and the order should so state. If the petition is by or on behalf of an adopted child who has attained majority, these facts shall be given great weight, but the granting of any petition is solely within the sound discretion of the court.
The name and address of the natural parents shall be given to the petitioner only if he or she can demonstrate that the name and address, or either of them, are necessary to assist him or her in establishing a legal right.
California Law: Court Records and Information
Relevant parts of California adoption law. The entire California adoption statute is available here.
Family Code Section 9200. (a) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this part is not open to inspection by any person other than the parties to the proceeding and their attorneys and the department, except upon the written authority of the judge of the superior court. A judge of the superior court may not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition or any portion of any of these documents, except in exceptional circumstances and for good cause approaching the necessitous. The petitioner may be required to pay the expenses for preparing the copies of the documents to be inspected.
(b) Upon written request of any party to the proceeding and upon the order of any judge of the superior court, the clerk of the court shall not provide any documents referred to in this section for inspection or copying to any other person, unless the name of the child’s birth parents or any information tending to identify the child’s birth parents is deleted from the documents or copies thereof.
(c) Upon the request of the adoptive parents or the child, a clerk of the court may issue a certificate of adoption that states the date and place of adoption, the child’s birth date, the names of the adoptive parents, and the name the child has taken. Unless the child has been adopted by a stepparent, the certificate shall not state the name of the child’s birth parents.
Section 9201. (a) Except as otherwise permitted or required by statute, neither the department nor a licensed adoption agency shall release information that would identify persons who receive, or have received, adoption services.
(b) Employees of the department and licensed adoption agencies shall release to the department at Sacramento any requested information, including identifying information, for the purposes of recordkeeping and monitoring, evaluation, and regulation of the provision of adoption services.
(c) Prior to the placement of a child for adoption, the department or licensed adoption agency may, upon the written request of both a birth and a prospective adoptive parent, arrange for contact between these birth and prospective adoptive parents that may include the sharing of identifying information regarding these parents.
(d) The department and any licensed adoption agency may, upon written authorization for the release of specified information by the subject of that information, share information regarding a prospective adoptive parent or birth parent with other social service agencies, including the department, other licensed adoption agencies, counties or licensed foster family agencies for purposes of approving a resource family pursuant to subparagraph (A) of paragraph (4) of subdivision (p) of Section 16519.5 of the Welfare and Institutions Code, or providers of health care as defined in Section 56.05 of the Civil Code.
(e) Notwithstanding any other law, the department and any licensed adoption agency may furnish information relating to an adoption petition or to a child in the custody of the department or any licensed adoption agency to the juvenile court, county welfare department, public welfare agency, private welfare agency licensed by the department, provider of foster care services, potential adoptive parent, or provider of health care as defined in Section 56.05 of the Civil Code, if it is believed the child’s welfare will be promoted thereby.
(f) The department and any licensed adoption agency may make adoption case records, including identifying information, available for research purposes, provided that the research will not result in the disclosure of the identity of the child or the parties to the adoption to anyone other than the entity conducting the research.
Family Code Section 9202. (a) Notwithstanding any other law, the department or licensed adoption agency that made a medical report required by Section 8706, 8817, or 8909 shall provide a copy of the medical report, in the manner the department prescribes by regulation, to any of the following persons upon the person’s request:
(1) A person who has been adopted pursuant to this part and who has attained the age of 18 years or who presents a certified copy of the person’s marriage certificate.
(2) The adoptive parent of a person under the age of 18 years who has been adopted pursuant to this part.
(b) A person who is denied access to a medical report pursuant to regulations adopted pursuant to this section may petition the court for review of the reasonableness of the department’s or licensed adoption agency’s decision.
(c) The names and addresses of any persons contained in the report shall be removed unless the person requesting the report has previously received the information.
Section 9202.5. (a) Notwithstanding any other law, the laboratory that is storing a blood sample pursuant to Section 8706, 8817, or 8909 shall provide access to the blood sample to only the following persons upon the person’s request:
(1) A person who has been adopted pursuant to this part.
(2) The adoptive parent of a person under the age of 18 years who has been adopted pursuant to this part. The adoptive parent may receive access to the blood sample only after entry of the order of adoption.
(b) The birth parent or parents shall be given access to any DNA test results related to the blood sample on request.
(c) Except as provided in subdivision (b), no person other than the adoptive parent and the adopted child shall have access to the blood sample or any DNA test results related to the blood sample, unless the adoptive parent or the child authorizes another person or entity to have that access.
Note: the following section applies only to adoptions where the relinquishment or termination of parental rights occurred on or after January 1, 1984.
Family Code § 9203. (a) The department or a licensed adoption agency shall do the following:
(1) Upon the request of a person who has been adopted pursuant to this part and who has attained the age of 21 years, disclose the identity of the person’s birth parent or parents and their most current address shown in the records of the department or licensed adoption agency, if the birth parent or parents have indicated consent to the disclosure in writing.
(2) Upon the request of the birth parent of a person who has been adopted pursuant to this part and who has attained the age of 21 years, disclose the adopted name of the adoptee and the adoptee’s most current address shown in the records of the department or licensed adoption agency, if the adult adoptee has indicated in writing, pursuant to the registration program developed by the department, that the adult adoptee wishes the adult adoptee’s name and address to be disclosed.
(3) Upon the request of the adoptive parent of a person under the age of 21 years who has been adopted pursuant to this part, disclose the identity of a birth parent and the birth parent’s most current address shown in the records of the department or licensed adoption agency if the department or licensed adoption agency finds that a medical necessity or other extraordinary circumstances justify the disclosure.
(b) The department shall prescribe the form of the request required by this section. The form shall provide for an affidavit to be executed by the requester that to the best of the requester’s knowledge the requester is an adoptee, the adoptee’s birth parent, or the adoptee’s adoptive parent. The department may adopt regulations requiring any additional means of identification from a requester that it deems necessary. The request shall advise an adoptee that if the adoptee consents, the adoptee’s adoptive parents will be notified of the filing of the request before the release of the name and address of the adoptee’s birth parent.
(c) Subdivision (a) is not applicable if a birth parent or an adoptee has indicated that he or she does not wish his or her name or address to be disclosed.
(d) Within 20 working days of receipt of a request for information pursuant to this section, the department shall either respond to the request or forward the request to a licensed adoption agency that was a party to the adoption.
(e) Notwithstanding any other law, the department shall announce the availability of the present method of arranging contact among an adult adoptee, the adult adoptee’s birth parents, and adoptive parents authorized by Section 9204 utilizing a means of communication appropriate to inform the public effectively.
(f) The department or licensed adoption agency may charge a reasonable fee in an amount the department establishes by regulation to cover the costs of processing requests for information made pursuant to subdivision (a). The department or licensed adoption agency shall waive fees authorized by this section for any person who is receiving public assistance pursuant to Part 3 (commencing with Section 11000) of Division 9 of the Welfare and Institutions Code. The revenue resulting from the fees so charged shall be utilized by the department or licensed adoption agency to increase existing staff as needed to process these requests. Fees received by the department shall be deposited in the Adoption Information Fund. This revenue shall be in addition to any other funds appropriated in support of the state adoption program.
(g) This section applies only to adoptions in which the relinquishment for or consent to adoption was signed or the birth parent’s rights were involuntarily terminated by court action on or after January 1, 1984.
California Law: Vacation or Annulment of Adoptions
Relevant parts of California adoption law related to vacation or annulment of adoptions. The entire California adoption statute is available here.
Family Code Section 9100. (a) If a child adopted pursuant to the law of this state shows evidence of a developmental disability or mental illness as a result of conditions existing before the adoption to an extent that the child cannot be relinquished to an adoption agency on the grounds that the child is considered unadoptable, and of which conditions the adoptive parents or parent had no knowledge or notice before the entry of the order of adoption, a petition setting forth those facts may be filed by the adoptive parents or parent with the court that granted the adoption petition. If these facts are proved to the satisfaction of the court, it may make an order setting aside the order of adoption.
(b) The petition shall be filed within five years after the entry of the order of adoption.
(c) The court clerk shall immediately notify the department at Sacramento of the petition. Within 60 days after the notice, the department shall file a full report with the court and shall appear before the court for the purpose of representing the adopted child.
Section 9101. (a) If an order of adoption is set aside as provided in Section 9100, the court making the order shall direct the district attorney, the county counsel, or the county welfare department to take appropriate action under the Welfare and Institutions Code. The court may also make any order relative to the care, custody, or confinement of the child pending the proceeding the court sees fit.
(b) The county in which the proceeding for adoption was had is liable for the child’s support until the child is able to be self-supporting.
Section 9102. (a) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or otherwise nullify an order of adoption on any ground, except fraud, shall be commenced within one year after entry of the order.
(b) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or nullify an order of adoption, based on fraud, shall be commenced within three years after entry of the order, or within 90 days of discovery of the fraud, whichever is earlier.
(c) In any action to set aside an order of adoption pursuant to this section or Section 9100, the court shall first determine whether the facts presented are legally sufficient to set aside the order of adoption. If the facts are not legally sufficient, the petition shall be denied. If the facts are legally sufficient, the court’s final ruling on the matter shall take into consideration the best interests of the child, in conjunction with all other factors required by law.
(d) The department shall not be required under any circumstances to investigate a petition filed pursuant to this section or to represent a child who is the subject of a proceeding under this section.
California Law: Adoption Generally
Relevant portions of California’s adoption statute. The entire California adoption statute is available here.
Family Code Section 8601. (a) Except as otherwise provided in subdivision (b), a prospective adoptive parent or parents shall be at least 10 years older than the child.
(b) If the court is satisfied that the adoption of a child by a stepparent, or by a sister, brother, aunt, uncle, or first cousin and, if that person is married, by that person and that person’s spouse, is in the best interest of the parties and is in the public interest, it may approve the adoption without regard to the ages of the child and the prospective adoptive parent or parents.
Family Code Section 8601.5. (a) A court may issue an order of adoption and declare that it shall be entered nunc pro tunc when it will serve public policy and the best interests of the child, such as cases where adoption finalization has been delayed beyond the child’s 18th birthday due to factors beyond the control of the prospective adoptive family and the proposed adoptee.
(b) The request for nunc pro tunc entry of the order shall be stated in the adoption request or an amendment thereto, and shall set forth specific facts in support thereof.
(c) To the extent that a child’s eligibility for any publicly funded benefit program is or could be altered by the entry of an order of adoption, the change in eligibility shall not be determined as of the nunc pro tunc date, but shall be determined as of the date of the adoption finalization hearing.
(d) The nunc pro tunc date shall not precede the date upon which the parental rights of the birth parent or parents were initially terminated, whether voluntarily or involuntarily.
Family Code Section 8603. (a) A married person, not lawfully separated from the person’s spouse, shall not adopt a child without the consent of the spouse, provided that the spouse is capable of giving that consent.
(b) The consent of the spouse shall not establish any parental rights or responsibilities on the part of the consenting spouse unless that person has consented to adopt the child in a writing filed with the court and is named in the final decree as an adoptive parent. The court shall not name the consenting spouse as an adoptive parent in the final decree unless the consenting spouse has filed a written consent to adopt the child with the court and has an approved adoption home study.
(c) The court may dispense with the consent of a spouse who cannot be located after diligent search, or a spouse determined by the court to lack the capacity to consent. A spouse for whom consent was dispensed shall not be named as an adoptive parent in the final decree.
Family Code Section 8604. (a) Except as provided in subdivision (b), a child having a presumed father under Section 7611 shall not be adopted without the consent of the child’s birth parents, if living. The consent of a presumed father is not required for the child’s adoption unless the person became a presumed father as described in Chapter 1 (commencing with Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2 of Division 12, or subdivision (a), (b), or (c) of Section 7611 before the mother’s relinquishment or consent becomes irrevocable or before the mother’s parental rights have been terminated.
(b) If one birth parent has been awarded custody by judicial order, or has custody by agreement of both parents, and the other birth parent for a period of one year willfully fails to communicate with, and to pay for, the care, support, and education of the child when able to do so, then the birth parent having sole custody may consent to the adoption, but only after the birth parent not having custody has been served with a copy of a citation in the manner provided by law for the service of a summons in a civil action that requires the birth parent not having custody to appear at the time and place set for the appearance in court under Section 8718, 8823, 8913, or 9007.
(c) Failure of a birth parent to pay for the care, support, and education of the child for the period of one year or failure of a birth parent to communicate with the child for the period of one year is prima facie evidence that the failure was willful and without lawful excuse. If the birth parent or parents have made only token efforts to support or communicate with the child, the court may disregard those token efforts.
(d) (1) If the birth mother of a child for whom there is not a presumed father leaves the child in the physical care of a licensed private adoption agency, in the physical care of a prospective adoptive parent who has an approved preplacement evaluation or private agency adoption home study, or in the hospital after designating a licensed private adoption agency or an approved prospective adoptive parent in a signed document, completed with a hospital social worker, adoption service provider, licensed private adoption agency worker, notary, or attorney, but fails to sign a placement agreement, consent, or relinquishment for adoption, the approved prospective adoptive parent or the licensed private adoption agency may apply for, and the court may issue, a temporary custody order placing the child in the care and custody of the applicant.
(2) A temporary custody order issued pursuant to this subdivision shall include all of the following:
(A) A requirement that the applicant keep the court informed of the child’s residence at all times.
(B) A requirement that the child shall not be removed from the state or concealed within the state.
(C) The expiration date of the order, which shall not be more than six months after the order is issued.
(3) A temporary custody order issued pursuant to this subdivision may be voided upon the birth mother’s request to have the child returned to the birth mother’s care and custody.
Family Code Section 8605. A child not having a presumed father under Section 7611 may not be adopted without the consent of the child’s mother, if living.
Family Code 8606. Notwithstanding Sections 8604 and 8605, the consent of a birth parent is not necessary in the following cases:
(a) Where the birth parent has been judicially deprived of the custody and control of the child (1) by a court order declaring the child to be free from the custody and control of either or both birth parents pursuant to Part 4 (commencing with Section 7800) of Division 12 of this code, or Section 366.25 or 366.26 of the Welfare and Institutions Code, or (2) by a similar order of a court of another jurisdiction, pursuant to a law of that jurisdiction authorizing the order.
(b) Where the birth parent has, in a judicial proceeding in another jurisdiction, voluntarily surrendered the right to the custody and control of the child pursuant to a law of that jurisdiction providing for the surrender.
(c) Where the birth parent has deserted the child without provision for identification of the child.
(d) Where the birth parent has relinquished the child for adoption as provided in Section 8700.
(e) Where the birth parent has relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction pursuant to the law of that jurisdiction.
Family Code Section 8606.5. (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to adoption given by an Indian child’s parent is not valid unless both of the following occur:
(1) The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge.
(2) The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood.
(b) The parent of an Indian child may withdraw consent to adoption for any reason at any time prior to the entry of a final decree of adoption and the child shall be returned to the parent.
(c) After the entry of a final decree of adoption of an Indian child, the Indian child’s parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the child to the parent, provided that no adoption that has been effective for at least two years may be invalidated unless otherwise permitted under state law.
Family Code Section 8602. The consent of a child, if over the age of 12 years, is necessary to the child’s adoption.
Family Code Section 8614. Upon the request of the adoptive parents or the adopted child, a clerk of the superior court may issue a certificate of adoption that states the date and place of adoption, the birthday of the child, the names of the adoptive parents, and the name the child has taken. Unless the child has been adopted by a stepparent or by a relative, as defined in subdivision (c) of Section 8616.5, the certificate shall not state the name of the birth parents of the child.
Family Code Section 8615. (a) Notwithstanding any other law, an action may be brought in the county in which the petitioner resides for the purpose of obtaining for a child adopted by the petitioner a new birth certificate specifying that a deceased spouse of the petitioner who was in the home at the time of the initial placement of the child is a parent of the child.
(b) In an adoption proceeding, the petitioner may request that the new birth certificate specify that a deceased spouse of the petitioner who was in the home at the time of the initial placement of the child is a parent of the child.
(c) The inclusion of the name of a deceased person in a birth certificate issued pursuant to a court order under this section does not affect any matter of testate or intestate succession, and is not competent evidence on the issue of the relationship between the adopted child and the deceased person in any action or proceeding.
Family Code Section 8616. After adoption, the adopted child and the adoptive parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.
California Law: Adult Adoption
Relevant portions of California’s adoption statute related to adult adoptions. The entire California adoption statute is available here.
Family Code Section 9300. (a) An adult may be adopted by another adult, including a stepparent, as provided in this part.
(b) A married minor may be adopted in the same manner as an adult under this part.
Family Code Section 9301. A married person who is not lawfully separated from the person’s spouse may not adopt an adult without the consent of the spouse, provided that the spouse is capable of giving that consent.
Family Code Section 9302. (a) A married person who is not lawfully separated from the person’s spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent.
(b) The consent of the parents of the proposed adoptee, of the department, or of any other person is not required.
Family Code Section 9303. (a) A person may not adopt more than one unrelated adult under this part within one year of the person’s adoption of an unrelated adult, unless the proposed adoptee is the biological sibling of a person previously adopted pursuant to this part or unless the proposed adoptee is disabled or physically handicapped.
(b) A person may not adopt an unrelated adult under this part within one year of an adoption of another person under this part by the prospective adoptive parent’s spouse, unless the proposed adoptee is a biological sibling of a person previously adopted pursuant to this part.
Family Code Section 9304. A person adopted pursuant to this part may take the family name of the adoptive parent.
Family Code Section 9305. After adoption, the adoptee and the adoptive parent or parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.
Family Code Section 9306. (a) Except as provided in subdivisions (b) and (c), the birth parents of a person adopted pursuant to this part are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted person, and have no right over the adopted person.
(b) If an adult is adopted by the spouse of a birth parent, the parental rights and responsibilities of that birth parent are not affected by the adoption.
(c) An adult being adopted pursuant to this part may waive the termination of the parental duties and responsibilities of an existing parent or parents under subdivision (a) by signing a waiver at any time prior to the finalization of the adoption. The waiver may be included in the adoption agreement or in a separate writing filed with the court.
Family Code Section 9307. A hearing with regard to adoption under Chapter 2 (commencing with Section 9320) or termination of a parent and child relationship under Chapter 3 (commencing with Section 9340) may, in the discretion of the court, be open and public.
Family Code Section 9320. (a) An adult may 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.
(b) The adoption agreement shall be in writing, executed by the prospective adoptive parent and the proposed adoptee, and shall 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.
Family Code Section 9321. (a) The prospective adoptive parent and the proposed adoptee may file in the county in which either person resides a petition for approval of the adoption agreement.
(b) The petition for approval of the adoption agreement shall state all of the following:
(1) The length and nature of the relationship between the prospective adoptive parent and the proposed adoptee.
(2) The degree of kinship, if any.
(3) The reason the adoption is sought.
(4) A statement as to why the adoption would be in the best interest of the prospective adoptive parent, the proposed adoptee, and the public.
(5) The names and addresses of any living birth parents or adult children of the proposed adoptee.
(6) Whether the prospective adoptive parent or the prospective adoptive parent’s spouse has previously adopted any other adult and, if so, the name of the adult, together with the date and place of the adoption.
Family Code Section 9321.5. (a) Notwithstanding Section 9321, a person who is a resident of this state may file a petition for adult adoption with the court in any of the following:
(1) The county in which the prospective adoptive parent resides.
(2) The county in which the proposed adoptee was born or resides at the time the petition was filed.
(3) The county in which an office of the public or private agency that placed the proposed adoptee for foster care or adoption as a minor or dependent child is located.
(b) A petitioner who is not a resident of this state may file a petition for adult adoption with the court in a county specified in paragraph (3) of subdivision (a).
Family Code Section 9322. When the petition for approval of the adoption agreement is filed, the court clerk shall set the matter for hearing.
Family Code Section 9323. The court may 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.
Family Code Section 9324. Both the prospective adoptive parent and the proposed adoptee shall appear at the hearing in person, unless an appearance is impossible, in which event an appearance may be made for either or both of the persons by counsel, empowered in writing to make the appearance.
Family Code Section 9325. No investigation or report to the court by any public officer or agency is required, 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.
Family Code Section 9326. The prospective adoptive parent shall 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, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, 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 following conditions exist:
(a) The proposed adoptee is an adult with developmental disabilities.
(b) The prospective adoptive parent is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
Family Code Section 9327. If the prospective adoptive parent is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities, or is a spouse or employee of a provider, and seeks to adopt an unrelated adult with developmental disabilities, the regional center for the developmentally disabled notified pursuant to Section 9326 shall file a written report with the court 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.
Family Code Section 9328. (a) At the hearing the court shall examine the parties, or the counsel of any party not present in person.
(b) 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 shall 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.
(c) In determining whether or not the adoption of any person pursuant to this part is in the best interests of the persons seeking the adoption or the public interest, the court may consider evidence, oral or written, whether or not it is in conformity with the Evidence Code.
Family Code Section 9340. (a) Any person who has been adopted under this part may, upon written notice to the adoptive parent, file a petition to terminate the relationship of parent and child. The petition shall state the name and address of the petitioner, the name and address of the adoptive parent, the date and place of the adoption, and the circumstances upon which the petition is based.
(b) If the adoptive parent consents in writing to the termination, an order terminating the relationship of parent and child may be issued by the court without further notice.
(c) If the adoptive parent does not consent in writing to the termination, a written response shall be filed within 30 days of the date of mailing of the notice, and the matter shall be set for hearing. The court may require an investigation by the county probation officer or the department.
