February 20, 2024
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What is Adult Adoption?

What is Adult Adoption?

Adult adoption is a legal process where one person adopts another who is already an adult. Unlike traditional adoptions, this doesn’t involve minors. The reasons for adult adoption can vary, including emotional bonds, inheritance, or support. It is often a voluntary and consensual arrangement, and the legal implications may differ based on jurisdiction.

The potential adoptee must be at least eighteen years old to be eligible for an adult adoption. At that point, the adult seeking adoption and the adopter themselves are the only parties whose approval is needed.

Motives behind an Adoption by Adults

It’s crucial to understand that establishing guardianship is not the same as adult adoption. The goal of legal guardianship is to support and protect an adult who is unable to care for himself. Guardians have the authority to act on behalf of the person they are providing guardianship to, including matters related to finances, health, and the law.

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Adult adoptions are carried out for various purposes:

1. Birth family

An adult adoptee after finding his/her birth family may choose to be adopted by his/her family of origin.

2. Foster child

A former foster child who was not being legally available for adoption and grew close to the foster family as a child may be adopted as an adult if they so wish.

3. Inheritance

A way to create legal inheritance rights within a relationship.

4. Step-child

A step-child who has grown fond of his/her step-parent may be adopted as an adult by the step-parent.

Adoption Barriers for Adults

In a few situations, state laws may forbid adult adoption:

1. Age difference

If the adoptive parent and adopted child must be apart by a certain age in accordance with state law.

2. Incest

The state’s incest laws will come into play if there is a sexual contact between the adoptive parent and the adopted adult “child”.

3. Legalizing a relationship

Adoption laws cannot be utilized in some states, such as New York, to legitimize an adult relationship between same-sex partners. Delaware, on the other hand, said that if establishing inheritance rights was the main goal of the adoption, then it was acceptable to employ adult adoption for that purpose.

4. Maximum age

Banned in certain states (Ohio), unless adoptee satisfies requirements, which may include a maximum age of 21.

Adult Adoption Procedure

State governments oversee adoption as opposed to the federal government. Each state therefore has its own set of necessary paperwork.

The basic actions to take are as follows:

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You can get the necessary paperwork from your local courtroom to adopt an adult. Gather the data required to complete the forms, either with or without legal assistance. You might have to fill out extra paperwork if the person you are adopting is not mentally or physically capable.

The majority of banks offer free notary services, so fill out the documentation, sign it in their presence, and have the notary sign and emboss it. Send in your documentation in line with the guidelines given.

After that, you’ll have to wait for a Family Court court date in order to appear before a family judge, who will then make a decision on your case.

As previously stated, there are several reasons a judge could doubt or reject an adult adoption. The adopted person’s needs and rights are always the primary concerns. The court will take into account the adoptee’s needs and preferences as well as making sure that all legal criteria have been fulfilled.

Frequently Asked Questions About Adult Adoption

1. Can adults be adopted?

Yes, in many jurisdictions, adults can be adopted. However, the process and requirements may vary.

2. Why would someone choose adult adoption?

Reasons include creating legal family ties, inheritance considerations, emotional bonds, or providing care and support.

3. What is the legal process for adult adoption?

It involves filing a petition, obtaining consent from the adult to be adopted, and a court approval process.

4. Do both parties need to consent to adult adoption?

Yes, generally, the adoptee’s consent is required, and in some cases, the consent of biological parents may also be necessary.

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5. Are there age restrictions for adult adoption?

Requirements vary, but typically there is no upper age limit for adult adoptees.

6. Does adult adoption affect inheritance rights?

It can impact inheritance rights, allowing the adopted adult to inherit from their adoptive family.

7. Can an adult adoptee still inherit from biological parents?

Adoption usually severs legal ties with biological parents, affecting inheritance from them.

8. Does adult adoption change the adoptee’s birth certificate?

In many cases, yes. The adoptee receives a new birth certificate reflecting the adoptive parents.

9. Is adult adoption common?

It’s less common than adopting minors but occurs for various personal and legal reasons.

10. How does adult adoption affect relationships within the family?

It can strengthen emotional bonds and create a legal framework for familial responsibilities and support.

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