Strange Adoptions: What To Know About Adults Being Adopted By Other Adults

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Believe it not, it's perfectly legal for an adult to be adopted by another adult. There are, however, laws that prevent this type of adoption in some cases. To find out about the motivation behind such adoptions and when they are not appropriate, read on.

When is Adopting an Adult Okay?

The situations listed below are not very common and it's advisable to speak to a family law attorney before you begin to plan such an action. There are ethical as well as legal issues that need to be worked out before anything can proceed. In cases where a legal adoption has been allowed to go forward between two adults, the below reasons were some of the motivating factors:

1. A formal recognition of status – This might occur when a child/parent relationship did not exist until the child was above the age of 18. For instance, a father might not know about a child he fathered until the child was older. An adoption formally recognizes that the child is a biological offspring but is not necessary for legal reasons – it's more a symbol of the relationship.
2. Foster children that were never adopted – When a family fosters a child they may not formally adopt the child until they reach the age of 18. This step makes the status legal.
3. Incapacity – Adults who are unable to care for themselves may benefit from being adopted by a person or couple who will care for them on an ongoing basis.
4. Inheritance reasons – Finally, an adult adoption can help make a relationship status legal to prevent challenges to wills. If property is to be divided between the children, the adopted adult will be included in that category during probate.

When is Adopting An Adult Not Okay?

The below list of situations shows that not all types of adult to adult adoptions are legal or appropriate.

• The adopted adult must be younger than the person doing the adopting. In cases of medical or mental capacity, however, exceptions may be made.
• The courts will review such adoptions for evidence of fraudulent activity or coercion.
• The adopter must be of sound mind and not be under the influence of any other person.
• There must be no sexual relationship between the two involved in the adoption.
• Often, both parties in a married relationship have to be in agreement on the adoption.
• Once the adult is adopted, all ties to any other biological parent are null and void.
• The adopted adult may opt to change their last name but it's not necessary.
• Just as with adoptions involving any age group, the parties may ask that the records be sealed from the public.

State law varies when it comes to this type of adoption. Speak to a family law attorney and find out more.

If you are in need of these services, find some attorneys at law that will be willing to help.

29 July 2020