§ 9302 Spousal Consent For Adoption

Family Code·California

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Key Takeaways

•If you're married and not separated, your spouse must agree before you can be adopted.
•Your parents or anyone else don’t need to give permission for your adoption.
•This rule only applies if your spouse is able to give their okay.

Example

A married woman wants to be adopted by her stepdad.

Her husband must say it’s okay first. Her birth parents don’t get a say in this.

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

Official Source

View on CA.gov

§ 9302 Spousal Consent For Adoption

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

Last verified: January 21, 2026

Key Terms

married person lawfully separated consent of the spouse consent of the parents consent of the department

References

Official text at leginfo.legislature.ca.gov
California Legislature. Family Code. Section 9302.

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Key Takeaways

Example

Key Terms

Related Statutes

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