Full question:
I am a twenty two year old married woman. I want to adopt my fourteen year old brother who shares a very close bond with me. Can I do so?
- Category: Adoption
- Date:
- State: California
Answer:
Yes maybe. In California, the law states that there should be at least a gap of ten years between the prospective adoptive parent and the minor child. But this rule may be relaxed in case of close relationships like brother, sister, aunt-uncle, stepparent etc, if the court determines that it is in the best interest of child. The law is stated inCal.Fam.Code § 8601 that reads:
“(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.”
(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.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
