Adult Adoption Information
Adult Adoption Information
Reasons for an Adult Adoption
It's important to note that adult adoption is different from establishing guardianship. Legal guardianship is intended to help safeguard and provide for an adult who cannot care for him or herself. Guardians are able to act for the person for whom they provide guardianship, making legal, financial, and health decisions on the individual's behalf.
Adult adoptions are completed for different reasons:
- 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 he/she so wishes.
- A step-child who has grown fond of his/her step-parent may be adopted as an adult by the step-parent.
- An adult adoptee after finding his/her birth family may choose to be adopted by his/her family of origin.
- A way to create legal inheritance rights within a relationship.
Reasons an Adult Adoption May Not Be Allowed
State laws can prohibit adult adoption in several circumstances:
- Prohibited by some states (specifically Alabama, Arizona, Nebraska, and Ohio), unless the adoptee meets guidelines which may include a top age of 21.
- If the adoptive parent and the adopted adult "child" are involved in a sexual relationship, the state's incest laws will apply.
- If the adoptive parent and adopted adult "child" are involved in a same-sex sexual relationship, sodomy laws will apply.
- If the particular state requires a specific age difference between the adoptive parent and the adopted child.
Some states, like New York, have determined that adoption laws may not be used to legalize an adult relationship between same-sex partners. Delaware, however, stated that it was okay to use adoption between adults to create inheritance rights if that was the primary purpose of the adoption.
Procedure
Adoption is managed on a state level rather than a federal level. As a result, each state has its own required forms and documents. Here are the basic steps to follow:
- Purchase the required documents from us Click here.
- Collect the information you need to fill out the forms, with or without the help of a lawyer. If the person you are adopting is not mentally or physically competent, you may need to fill out additional forms also available here at no additional cost.
- Fill out and sign the papers in the presence of a notary (most banks have free notary services) and have the notary sign and emboss your paperwork.
- Submit your paperwork according to the instructions provided.
- Wait for a court date with Family Court.
- Appear before a family judge who will decide your case.
As mentioned, there are a number of reasons why a judge might question or deny an adult adoption. The most important concerns are always focused on the needs and rights of the adoptee. In addition to considering the adoptee's needs and preferences, the judge will also ensure that all legal requirements have been met.
Contact Us for additional information.
888-222-7504
Contact Us for additional information.
888-222-7504
If you have any additional questions or concerns regarding this subject matter please seek the advice of an legal attorney. Our firm regularly works with attorneys so that we may offer you the best service possible. Please submit your concerns and someone will contact you shortly.
We look forward to working with you soon. Thank you for choosing Zariah A'londra Tax & Legal Services.
This website only contains general legal information and does not contain legal advice. Zariah A'londra Tax and Legal Services is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.