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HomeFamily CodeDiv. 13Pt. 3Ch. 1§ 9301 Adult Adoption Spousal Consent

§ 9301 Adult Adoption Spousal Consent

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 9301 Adult Adoption Spousal Consent

Key Takeaways

  • •If you're married and not separated, you can't adopt an adult without your spouse's okay.
  • •Your spouse has to be able to give that okay (like, they can't be in a coma).
  • •This rule has been around since 1994.

Example

A married woman wants to adopt her 25-year-old stepdaughter.

She can't do it alone if she's still married and living with her husband. Her husband has to agree to the adoption too, unless he's unable to (like if he's very sick and can't make decisions).

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9301 Adult Adoption Spousal Consent

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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

married personlawfully separatedadopt an adultconsent of the spouse

Related Statutes

  • § 9302 Spousal Consent For Adoption
  • § 8603 Spousal Consent For Adoption
  • § 760 Marital Property Ownership Rules
  • § 902 Marital Debt Definition
  • § 1500 Marital Property Agreements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 9301.
View Official Source