While adoption usually is considered to be a legal mechanism to add a child to a family, it is also possible to adopt adults. Almost all U.S. states permit adult adoption, and many even have laws separate from their adoption statutes to govern adult adoption. Whether for inheritance purposes, to solidify familial bonds, or for some other legal or emotional reason, an adult adoption can be a straightforward way to meet your goals.
Reasons
Most often, adult adoption is performed when an adult and his nonbiological parent wish to establish a stronger bond. The adoption may be to recognize a caregiver who provided a great deal of support to an adult during her childhood, or it may be to cement familial ties following a parent's remarriage. Same-sex couples can sometimes make use of an adult adoption to create legal rights over each other if marriage is not permitted in their state. An adult adoption affects inheritance rights, often permitting the adopted adult to inherit property if his adoptive parent dies without a will. Depending on the laws of your state, however, the adoption may remove your ability to inherit from your biological or former adoptive parents.
Process
Formalizing an adult adoption varies from state to state. Most require the consent of the adult being adopted---except in cases of diminished mental capacity---and many require notification, but not consent, of the birth parent. If the adult is married, you may need the consent of the person's spouse. Many states also require that the adopter be a set number of years older than the adoptee. For instance, California requires that adopters be at least 10 years older than the adult they wish to adopt. If all the requirements are satisfied, you may file an adult adoption petition and a signed and dated adoption agreement with your local family court. The guidelines for each form are available in the courthouse. Once these forms have been filed, a hearing will be scheduled. After reviewing your petition and conducting a hearing, a judge will issue a final order either permitting or rejecting the adoption request.
Warning
Be very clear about your wishes before requesting an adult adoption. Unlike marriage, adoption is irreversible, and some of the parental ties, duties and obligations created upon adoption cannot be severed. While it is possible to petition for your own adult adoption by filing the appropriate form with your county's family court, consulting with a trained family law attorney in your state can help you determine if adult adoption is right for your circumstances.
Tags: adult adoption, adult adoption, family court, older than, with your