Information on Adult Adoption

Purposes

• Historically, adult adoptions functioned as a means of ensuring the passage of property rights or family name. While adult adoption ensures that an inheritance passes to a chosen non-related adult, you may choose adult adoption for a variety of reasons. Many foster and stepparents want to legalize their parental relationship with their grown-up foster or stepchildren. Other adults may want to serve as the primary caretakers for friends or relatives with disabilities or illnesses.

Process

• In most cases, the adoption process requires the same paperwork and fees, regardless of the age of the person being adopted. After a state approves an adoption application, the court issues a new birth certificate to the adopted individual listing the new parent's name. At this time, the court also severs all legal relationships between the adopted individual and previous parents or guardians. The adopted individual may choose to have her last name changed before sealing the adoption records.

State Laws Concerning Adult Adoption

• Specific laws concerning adult adoption vary from state to state. Some states, including Alabama and Ohio, only allow adoption of adults with permanent mental or physical handicaps. Other states, like California and Nevada, only permit an older adult to adopt a younger adult. If either the adopter or adopted person has a spouse, most states require the spouse's written consent before legalizing the adoption. Every state that allows general adult adoption requires the written consent of both the adopting party and the adopted party.

Adopting Adults From Foreign Countries

• Federal laws governing international adoption make adopting an adult from another country extremely difficult. Even if related to the adopting party, the adopted party must be classified as an orphan under the United States Immigration and Nationality Act and be 16 years or younger on the date of application. Very occasionally, the government may make special allowances for orphaned people over the age of 16 with mental or physical disabilities.

Reasons an Adult Adoption Application May Be Rejected

• Courts will not always grant adult adoptions. Some states might reject an adoption application due to romantic or sexual involvement between the two parties, preventing same sex couples from transferring property rights by this method. In every state, the court will halt an adult adoption in cases of suspected fraud, such as the attempt to coerce a wealthy individual to adopt another person in order to receive an inheritance.