SECTIONS 9320-9328 - California Statutes

FAMILY.CODE

SECTION 9320-9328

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.

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.

9322. When the petition for approval of the adoption agreement is
filed, the court clerk shall set the matter for hearing.

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.

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.

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.

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.

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.

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.