Legally Adopt an Adult
Even though it sounds odd, there are many personal, medical and financial reasons to legally adopt an adult. In many cases, the adoption is a straightforward legal process which can be accomplished quickly, privately and at little cost.
There are three common reasons for one adult to adopt another adult:
* Inheritance purposes ~ Adoption allows an easy way to leave property or financial assets to the adopted individual.
* To create a legal parent/child relationship ~ Parents may want to adopt an adult foster child or stepchild. Adults who find their birth family and want to be formally acknowledged may be adopted. Fathers who discover adult children they were not aware of can legally adopt them.
* Medical and Care Purposes ~ One adult can be responsible and the decision maker for another adult's care. If the adopted adult is disabled, suffers from diminished capacity, mentally retarded or challenged, long term care and overall responsibility can be provided by the individual who adopted the one in need.
Follow these steps to legally adopt an adult.
Instructions
1. ~Research Requirements for your State~
Guidelines, forms and requirements for adult adoptions are different for each state, check with your Secretary of State office for the needed information. An attorney with experience in local adoption laws should be located and retained.
2. ~ Be Aware of Reasons why an Adult Adoption may be Rejected ~
* An adult adoption may be rejected if there was a pre-existing sexual relationship between the two individuals. This prevents same sex couples from obtaining rights over each other.
* Age differences may be cause for rejection. In most states, restrictions require the adopting party to be older than the person being adopted.
* Alleged or real fraud could cause rejection. The courts may suspect fraud related to property, insurance, marital issues or finances. If the adopting party doesn't fully consent or understand the act, the courts will likely suspect fraud. For example, fraud may be suspected if an individual asks an elderly, senile wealthy person to adopt him or her in order to inherit property.
3. ~ Complete Appropriate Forms ~
Each state has different requirements and forms to be filled out. But generally, the forms include information on the person or persons who want to do the adopting (the "parents") and the person who is being adopted (the "child").
The adult being adopted must consent to being adopted by filing the appropriate form. Usually, the forms must be signed in the presence of a Court Clerk or Notary Public.
4. ~ File Adoption Documents with the Local Court ~
Once the appropriate forms have been completed, they can be filed with the Court. Any court filing fees will be paid at this time.
5. ~ Court Review or Court Hearing ~
Depending on location, a hearing may be required and the case will be decided in court. If no hearing is required, the court will review your case and inform you by mail of their final decision.
If the adult you are attempting to adopt does not consent to the adoption by properly filing the correct forms, the case will be dismissed.
6. ~ Complete the Adult Adoption Process and Paperwork ~
If the adoption is approved, the court will issue a new birth certificate for the adopted individual and any existing legal relationships with custodial or biological parents are ended.
The adopted adult is free to legally change his or her last name. All personal paperwork can be updated to show the new name. All adoption records will be sealed.
Tags: being adopted, adopt adult, adopted adult, adopted individual, adopting party, Adult Adoption, another adult