It’s possible to adopt your adult stepchild. Adult adoption isn’t uncommon.
For adult adoption to occur, the adult adoptee must consent to the adoption, and, of course, the potential parent must be willing to adopt.
Reasons for an Adult Adoption
It’s important to note adult adoption differs from substantiating legal guardianship. Legal guardianship is intended to help provide for an adult unable to take care of themselves. Guardians can make legal, financial, and also health decisions on behalf of their ward.
Adult adoptions happen for several reasons:
Birth Family
After finding their birth family, an adult adoptee may choose to be adopted by their biological family.
Foster Child
A former foster child, who perhaps wasn’t previously legally available for adoption, may choose to be adopted as an adult by the foster family they grew close to during their childhood.
Inheritance
Adoption is a way to create legal inheritance rights. This is perhaps the most common reason for adult adoption. Leaving property or financial assets to the adoptee becomes much easier than if the adoption didn’t take place.
Stepchild
A stepparent can adopt an adult stepchild to formalize an existing parent/child relationship.
Guidelines and Requirements Vary
Adult adoption guidelines and requirements vary between states. For example, some states require birth parents are formally notified of the adoption.
Other states require the consent of the adoptee’s spouse if the adult up for adoption is married. If you’re considering an adult adoption, make sure to look up your state’s specific guidelines. In addition, your local Secretary of State can be a great resource for adoption information.
Despite some discrepancies in adoption guidelines, the same legal process applies whether the adoptee is under 18 or over. Once the adoption is complete, the court will issue a new birth certificate for the adopted individual.
Any existing legal relationships with biological or custodial parents will become severed. The adopted adult can choose to change their last name, and, finally, all adoption records will be sealed.
Adult Adoption Procedure
As previously mentioned, each state has its requirements. This is because adoption is managed on a state level rather than a federal level. Consequently, each state has its required forms and documents.
There may be exceptions to the rule, but the basic steps in the adoption process consist of:
- Obtaining all required documents from your local courthouse.
- It may be necessary to hire a lawyer. So, seeking legal counsel is never a bad idea.
- Fill out and sign the papers in the presence of a notary. Have the notary sign and emboss your paperwork.
- Sidenote: The majority of banks also provide free notary services.
- Submit your paperwork according to the instructions provided to you.
- Wait for a court date with your local Family Court.
- Appear before a family judge. This judge will be responsible for deciding your case.
Reasons for Application Rejection
Adult adoptions are not always successful. There’s a multitude of reasons why a judge may question or deny an adult adoption.
State laws can also prohibit adult adoption in several circumstances, some of which include:
Age Difference
Some states require a specific age difference between the adoptive parent and the adoptee. If the age requirement is not met, it’s not uncommon for a judge to reject the adoption. For example, in California, the adoptee must be a minimum of 10 years younger than the adoptive parent.
Incest
Unsurprisingly, if the adoptive parent and the adoptee have a sexual relationship, a judge will deny the adoption – and the state’s incest laws will apply.
Maximum Age
Some states (specifically Alabama, Arizona, Nebraska, and Ohio) have prohibited adult adoptions unless the adoptee meets specific criteria. Such criteria may include a maximum age of 21.
Criminal Activity
Any illegal activity from either party will result in an immediate rejection.
Fraud
Frequently, this refers to a prospective adoptee seeking out a wealthy benefactor with the sole intent of inheriting assets. If the adopter does not provide full consent or a thorough understanding of what these processes entail, the courts will consider this to be a fraud.
If you’re considering an adult adoption, it’s highly advisable to learn the laws governing adoptions in your state. You would also be wise to consult an attorney.
No matter your age, it’s necessary to fully understand adult adoption and its effects before initiating the process of gaining – or becoming – a new son or daughter. So here’s some more info on adoption.
