When you think of adoption, you probably picture a young couple wishing to start a family. Perhaps they've had trouble conceiving or perhaps they've always wanted to offer a good home to a child in need.
Either way, you’re probably envisioning a process that involves interviewing with adoption agencies and seeking out babies and young children in foster care. While that’s a common adoption scenario, it is not the only one.
In fact, not all adoptive parents are motivated by a desire to raise children, and not all adoptees are babies or even children under the age of majority. That's where adult adoption comes in.
Adult adoption is an adoption just like any other, except the adopted person is an adult, i.e., someone who has attained the age of majority.
In states where adoption of an adult is legal (see below for the ways state laws differ), the adoption process is the same whether the adoptee is a child or an adult. It begins with the filing by the prospective adoptive parent(s) of a petition for adoption in family court with regard to prospective adoptee.
After the petition for adoption is filed, an adoption hearing will usually be held, during which a judge will decide if the adoption should go through the legal process. Not all adult adoptions are approved (we'll discuss why that is below).
But in situations where the adoption is approved, it involves the termination of parental rights of the birth parents and is finalized with the issuance of a new birth certificate for the adoptee. That new birth certificate identifies the adoptive parents as the adoptee's legal parents.
At the end of the adoption process, all parental rights and other legal relationships between the adopted adult and their biological parents/birth parents and/or custodial parents are terminated according to the adoption agreement, including inheritance rights (which we'll discuss in greater detail below).
In addition, the adopted adult has the right to a name change, switching to the last name of the adopting parents. This sometimes complicated process can be facilitated by a qualified attorney who's experienced in family law.
Common reasons for adult adoption
Whether the adopted child is a minor child or an adult adoptee, the purpose of adoption is to always create a parent-child relationship. In any adoption, the parent-child relationship can be beneficial to both parent and child. In adult adoption, the parent-child relationship has certain distinct benefits. These include:
Adult adoption is legal in the United States, but each state has the right to legislate the rules that apply. To find out if adult adoption is permitted in your state, and under what circumstances, you can inquire with the Secretary of State. You can also consult with a lawyer familiar with the adoption laws of your state. However, here is a sampling of the ways state laws differ:
The most common reason for an adult adoption petition to be rejected is the existence of a sexual relationship between "parent" and "child." The reason is this would create a parent-child relationship with existing incest issues, especially troubling in a case that involves a pronounced age difference between the parties.
Additionally, it could imply fraud, and suspected fraud is another reason an adoption might not be approved. Fraud is usually suspected when the adopting parent does not appear to fully understand the consequences of the adoption (which, as discussed above, will change the inheritance rights of the adopting parent's biological children).
Because there are usually numerous parties and a variety of possibilities involved in an adult adoption case, the best way to understand, initiate, or navigate the process is to enlist the services of a qualified family law attorney who has experience with adoption cases, especially those between adults, if possible.
