Can You Legally Adopt an Adult?

Adoption is not just for babies and little kids. It is both legal and possible to adopt an adult. In many cases, your new adult family member just simply is a legal adult and voluntarily agrees to be adopted. While there are a lot of reasons that could go into an adult adoption, having a well-versed family law attorney on your side will assist the process. 

Why adult adoption?

The adoption process itself is much the same legal process whether the individual is a child or an adult. Once the adoption is complete, the court issues a new birth certificate for the individual who has been adopted, and any existing legal relationships with biological parents, or custodial parents are severed. The finalized adoption gives the adoptee the ability to change their last name as well. The most common reason for adult adoption is for inheritance purposes. The second most common reason for adult adoption is to formalize an already existing relationship. Adult adoptions are also common for children who have found their biological parents, or fathers who may not have known of their existence. Another reason behind adult adoption is to provide perpetual care for an adult who has a diminished capacity or disability preventing them from caring for themselves independently. 

What are the requirements?

Each state establishes its own guidelines and requirements for adult adoptions. Many states require formal notification of birth parents. Some require that the adoptee must have diminished capacity, and others simply require an agreement between the involved parties. In some states, if the adoptee is married, the state will want to have the consent of the adoptee’s spouse. 

Why are some adoptions rejected?

A petition for an adult adoption is not a guarantee. Many applications are rejected because of a pre-existing sexual relationship between the two parties. The courts are formalizing a parent/child relationship; therefore, any sexual relationship will prohibit the adoption. Most states also require that the adopting party be older than the adoptee. Suspected fraud is another issue that would stop an adoption. The courts will stop an adoption if it is perceived that someone is seeking adoption by a wealthy individual simply for the inheritance. 

A family law attorney can assist your family in the process of adoption, of any age.