Adult adoption allows one adult to legally establish a permanent parent-child relationship with another adult. It is a meaningful way to provide legal protection, inheritance rights, and formal recognition to a bond that already exists in your heart.
Adult adoption is available in many states but eligibility requirements and procedures vary. The process is generally simpler than adopting a minor because both parties are adults and can typically consent on their own.
Whether you are looking to formalize a relationship with a stepparent, recognize chosen family, or protect estate rights, having an experienced guide makes all the difference.
Who Can Adopt an Adult?
Adult adoption generally allows one adult to legally adopt another adult when both parties meet their state’s requirements and consent to establishing a legal parent-child relationship. Since the person being adopted is already an adult, the requirements are often simpler than those involved in adopting a minor. Basic eligibility typically includes:
- Both Parties Are Adults: The person adopting and the person being adopted must meet the applicable age requirements under state law.
- Both Parties Consent: Adult adoption generally requires the consent of both the adopting adult and the adult being adopted.
- State Requirements Are Met: Depending on the state, additional requirements may apply regarding residency, the relationship between the parties or other circumstances surrounding the adoption.
Before filing, an attorney can help you determine whether you meet your state’s specific adult adoption requirements and whether any additional consent or documentation is required.
How the Adult Adoption Process Works
The adult adoption process is generally more straightforward than adopting a minor, but the exact requirements depend on state law. Most adult adoptions involve confirming eligibility, filing a petition, attending a hearing when required and receiving a final adoption order.
Step 1: Confirm You Meet Your State’s Requirements
Before filing, you will need to confirm that both adults meet the eligibility and consent requirements in your state. Depending on state law, there may also be requirements or restrictions related to age, residency, marital status or the relationship between the parties.
An attorney can identify which requirements apply to your situation and whether any additional consent or notice is necessary.
Step 2: File the Adult Adoption Petition
The next step is filing a petition for adult adoption with the appropriate court. Filing requirements vary, but the petition and supporting documents may include:
- The names, ages and residences of both parties
- Information about the relationship between the parties
- The required written consent to the adoption
- Any requested legal name change
- Supporting records or other forms required by the court
Your attorney can prepare the required paperwork and make sure it is filed with the correct court.
Step 3: Attend the Adoption Hearing
Depending on state law and local court procedures, you may be required to attend an adoption hearing. The judge may review the petition, confirm that the required consent has been given and ask questions to make sure the adoption meets the applicable legal requirements.
Adult adoption hearings are often relatively brief and focused on confirming that the legal requirements for the adoption have been satisfied.
Step 4: Receive the Final Adoption Order
Once the court approves the adoption, the judge will issue or sign a final adoption order. The adoption becomes legally effective according to the applicable state law and court procedure.
The final order provides legal documentation of the new parent-child relationship and may also address an approved name change. After finalization, you can take any necessary steps to update applicable legal and vital records.
Why Do Adults Choose Adult Adoption?
Adults pursue adoption for many reasons, often to give legal recognition to a family relationship that has existed for years. Common reasons include:
- Formalizing a Long-Standing Parent-Child Relationship: Adult adoption can legally recognize a parent-child bond that developed earlier in life but was never formalized through adoption.
- Recognizing a Stepparent Relationship: An adult may choose to be adopted by a stepparent who has played a parental role in their life, particularly when adoption was not completed while they were a minor.
- Estate and Inheritance Planning: Creating a legal parent-child relationship can affect inheritance rights and estate planning, although the specific consequences depend on state law and the family’s circumstances.
- Recognizing LGBTQ+ Family Relationships: Adult adoption has historically been used in some LGBTQ+ families to create a legally recognized family relationship where other forms of legal recognition were unavailable.
- Recognizing Chosen Family: In states where it is permitted, adult adoption may provide legal recognition for a chosen parent-child relationship between adults who are not biologically related.
What Changes After an Adult Adoption?
Once an adult adoption is finalized, it creates a legal parent-child relationship that can affect several areas of your family’s legal rights and records.
- Legal Parent-Child Relationship: The adoptive parent and adopted adult become legally recognized as parent and child, with the rights and responsibilities established under state law.
- Inheritance Rights: Adult adoption can establish inheritance rights between the adoptive parent and adopted adult. The specific effect on inheritance and estate planning depends on state law.
- Existing Parental Relationships: Depending on the state and type of adoption, finalization may affect the adopted adult’s existing legal relationship with a biological or legal parent.
- Legal Name Change: If permitted, the adopted adult may be able to request a legal name change as part of the adoption process.
- Vital Records: State law determines whether and how the adopted adult’s birth certificate or other vital records can be updated after finalization.
Before finalizing an adult adoption, it is helpful to understand how these legal changes will apply to your specific family relationships and future planning.
Take the Next Step Toward Adult Adoption
Adult adoption requirements vary by state and circumstance. Foster + Bloom can help you understand the requirements that apply, prepare and file the necessary paperwork and guide you through finalization.
Connect with our team to discuss your adult adoption and the legal steps needed to make your bond official.