Maybe you finally found that daughter you’ve always wanted, but she just so happens to be 33. Or perhaps you found your birth mother and desire to make her officially, your legal mom. Adoption is only for little kids and babies, correct? Who adopts a new daughter that can legally drink? Despite what you may believe, it’s both feasible and legal to adopt a healthy, bouncing adult. In a lot of cases, your new, adult family member needs to simply be of legal age and willingly agree to the adoption.
Why Adopt an Adult?
It doesn’t matter if the person is a child or an adult, the legal adoption process is the same. The court provides a brand-new birth certificate for the adopted person and any current legal relationships with custodial or biological parents are cut off. The adopted adult is able to legally change their last name, commonly known as a surname change, and all adoption information is to be sealed.
The most commonly known reason to adopt an adult is for the purpose of inheritance. In this instance, adult adoption enables someone to bequeath financial assets or property to the adopted person a little easier.
The second reason, nearly as common, is to officialize any existing parent/child relationship. As an example, parents are allowed to adopt a grown adult foster stepchild or child. Adult adoption is a well-known choice for biological parents in addition to children who have found their birth family and want to be officially acknowledged or for fathers who discover they have children they did not know existed.
In conclusion, adult adoptions usually happen to give permanent care for an adult who has a disability or declining capacity. Such adult adoptions can take on the responsibility of a challenged person or mentally retarded or someone that is disabled physically. Using the adoption process, one adult becomes a dependable party and decision-maker for the care of another adult.
Guidelines and Requirements Vary
Conditions and guidelines for adult adoptions differ among states. If you are thinking about an adult adoption get a hold of your Secretary of State. A lot of states require the official announcement of birth parents. Many require the adopted party to be of reduced capacity while others just need an agreement between the involved parties. Many states will need to have the permission of the adopted person’s spouse if the adult up for adoption is married.
Why are Some Applications Rejected?
Strangely enough, adult adoptions aren’t usually awarded. A lot of them are rejected because of an established sexual relationship among the two parties, stopping same-sex couples from getting rights over the other. Because the courts are officializing the relationship of child and parent; therefore, if there is a sexual relationship, it will prevent the adoption.
The difference in age can also stop a prospective adult adoption. In a lot of states, there are restrictions that require the adopting person to be older than the adoptee.
Any alleged fraud will terminate an adult adoption immediately. Fraud – be it real or alleged – can include a person requesting a wealthy person to adopt her or him for them to inherit property. If the adopting party doesn’t understand the act or fully agree, the court will think fraud. Fraud can also be associated with marital issues, property, or insurance.
Are You Thinking About Adult Adoption?
Anyone thinking about an adult adoption is suggested to learn the laws concerning adoptions in their state and to seek advice from an attorney. Fully understanding adult adoption and its impact is required prior to the start of the process of becoming or gaining a brand-new daughter or son, regardless of your age.
Speak with our Adult Adoption Lawyer in Scottsdale, AZ
Have questions about relative and stepparent adoptions? Speak with our Adult Adoption Attorney today! An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.
Divorce and Family Law
When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.