The overwhelming majority of adoptions in the United States involve adults adopting infants or children. However, there are situations in which an adult might adopt another adult. If you are considering adult adoption, it's important to understand the process, as well as any state laws that may apply to your specific case.
Identification
In an adult adoption, an adult adopts a consenting individual who is over 18 years of age. As with the adoption of a child, an adult adoption severs the legal relationship between the adoptee and his biological parents, and the adopter becomes the adoptee's legal parent.
Function
According to the website Adoption, there are several possible reasons for adult adoptions. If you have no heirs but you have a close relationship with an unrelated adult, you might want to form a legal parent-child relationship with that adult to ensure that your family name is carried on and/or that she inherits your estate. If your adult biological child was adopted or in foster care when she was young, you might want to legally reclaim your relationship as her parent. If you have a close relationship with an adult who has physical or mental disabilities, you might want her to benefit from your family health plan or to inherit your estate so that she will have the financial means to care for herself after your death.
Process
Adult adoptions follow the same process as child adoptions. You first file an adoption petition in your jurisdiction. If the court determines that you meet the state standard, it sets a hearing date. At the hearing, the judge evaluates the parties involved, and if he approves the adoption, he sets a second hearing date in order to finalize the adoption. Once the adoption is final, a new birth certificate is issued for the adoptee listing the adopter as the legal parent and noting any name changes the adoptee might have made. After the adoption, the adoption is sealed according to state law, just as in a child adoption.
State Laws
Adult adoption is legal in all 50 states, provided there is no intent to defraud. However, adoption laws vary widely from state to state. According to Adoption, most states require that the adopting party be older than the adoptee. Some states only allow adoptions of adults with diminished capacity. Some require that an adoptee's spouse consent to the adoption or that the adoptee's birth parents be notified. Still others only require that the parties in question agree to the arrangement. Check with your state to see if you meet your state's standards for adult adoption.
Considerations
Homosexual couples sometimes consider adoption as a means to ensure that their partner benefits from their inheritance and their family insurance. However, because the adoption process is meant to create a parent-child relationship, courts might reject a petition for an adoption of a sexual partner. According to Adoption, gay couples often are better off securing their partner's future by consulting an attorney and creating a will.
