Many people think you can only adopt children or teenagers, but this isn’t true. In the United States, you can also adopt adults. Adult adoption is an excellent solution when you want to establish a strong legal bond with someone, whether or not you’re biologically related. It can provide a powerful sense of belonging and security, while also granting access to medical histories and financial opportunities that were previously unavailable.
The process of adoption involves many steps. We at The Law Offices of Gina Smalley are knowledgeable and experienced with the process, and will guide you every step of the way.
With the right support and guidance, adult adoption can be a transformative and fulfilling experience for everyone involved.
What is Adult Adoption?
Adult adoption is a legal process in which the court establishes a parent-child relationship between you and someone over 18. Once the adoption is approved, a new birth certificate is issued and the connection becomes permanent.
How Can it Benefit You?
It may seem unusual to adopt someone over the age of 18, since they no longer need supervision or parental consent. But there are many reasons adults adopt other adults. Here are some of the biggest emotional and legal benefits of adult adoption:
Legal and Inheritance Rights
Adult adoption can make estate planning more straightforward. In some states, adoptees gain inheritance rights, making it easier to pass on assets without legal issues. It can also help with financial matters, such as property rights, benefit entitlements, and trust access.
Medical and Legal Authority
Being a legal parent allows you to make important healthcare decisions if your adult child becomes incapacitated. It also creates next-of-kin status for legal documentation and emergencies.
Emotional Bonds and Belonging
Adult adoption can formalize deep relationships between people who aren’t biologically related. This applies to stepparent and stepchildren, mentors and mentees, long-time caregivers and dependents, etc. It provides a strong sense of acceptance, belonging, and family identity.
Support in Later Life
Older adults who don’t have biological children can use adult adoption to create an official bond with someone they trust for future caregiving and emotional support.
Guardianship for Adults with Disabilities
Adult adoption can establish a clear legal guardian for people with physical or intellectual disabilities. This person can take on roles such as decision making and providing long-term care.
Correcting the Past and Reconnecting
Sometimes adoption in childhood isn’t possible due to lack of consent, legal restrictions, or failed home studies. When the adoptee becomes an adult, these challenges often no longer apply. Adult adoption can also reconnect biological families or allow siblings to assume legal responsibility when parents are unable to.
Social and Family Recognition
Adult adoption can solidify someone’s place in social settings and family traditions. This removes ambiguity and affirms their role in the family.
Adult Adoption Laws
Adult adoption laws vary by state and there are specific requirements you need to meet before a court will approve the adoption. Here are some of the most common requirements:
- Age Difference: The person adopting must be older than the person being adopted. Some states require a certain age gap, with most being at least ten years.
- Notifying Biological Parents: Consent from biological parents is not necessary for adult adoption. However, some states require you to notify them.
- Spousal Consent: In some states, if the adult being adopted is married, their spouse must also consent. Courts often waive this requirement if the spouse is unavailable or they withhold consent unreasonably.
- No Criminal Intent: You can’t use adult adoption for fraudulent purposes, such as to gain access to an inheritance or trust fund. The court must be satisfied that both parties properly understand and consent to the adoption.
- Diminished Capacity: Some states only allow adult adoption if the person being adopted has diminished capacity or cannot take care of themselves.
- No Past Sexual Relationship: You can’t adopt anyone who you’ve previously had a sexual relationship with.
Is Adult Adoption Right for You?
Adult adoption may not be the first thing that comes to mind when you think about building a family, but it’s a powerful legal tool with lasting practical and emotional benefits. Whether you’re looking to plan for the future, create a lifelong bond, or provide support and care for someone you love, adult adoption is a meaningful path that can get you there. The Law Office of Gina Smalley has the experience and knowledge to make adult adoption a deeply rewarding decision for all parties involved.
