A Very Different Take On Adoption
Posted on: 16 May 2017
Most people understand the concept of an adult adopting a minor child, but what about an adult adopting another adult? It might surprise you to know that it is legal to do so, in certain circumstances. To gain a better understanding about this process and why anyone would want or need to do it, read on.
Why would anyone want to adopt another adult?
Most of the reasons listed below involve more of a symbolic gesture than an actual legal solution that involves taking custody of someone.
- When it comes to estate planning, natural born and legally adopted adult children (and minor children) are held with a higher level of regard for inheritance purposes. If you have someone special in your life, and you want to make sure that they can effortlessly inherit at your death, a legal adoption is the way to do that. If a will gets contested, the legal status could provide some protection for the adopted adult.
- If you only recently learned that you had a biological child, who is now an adult, a legal adoption of that adult child could serve as a powerful symbol of inclusion into the family, as well as provide legal protection for estate purposes.
- If you grew unusually close to a fostered child who is now an adult, adoption could give that person status as a family member, something that many people take for granted but which foster children never stop desiring.
- If you wish to legally recognize an adult step-child, adoption is an option.
If any of the below are your motivation for adopting an adult, think again.
- If you are engaged in sexual relations with this adult, you cannot also adopt them. When it comes to adoption among adults; the law applies only to parent-child type relationships.
- If the adult child you are considering adopting is older than you, you may be prevented from adopting. The courts do make an exception for adults that are adopting older adults who may be mentally incapacitated.
- If there is a suspicion of fraud, the adoption will not be allowed to proceed. For example, if one adult appears to be taking advantage of another adult and using adoption as a means to financial gain, it won't be allowed.
Other facts to know:
- Unless the adopted adult is incapacitated, both parties must give their consent. You cannot adopt an adult against their will.
- The newly adopted adult has the option to take on the new last name or to hyphenate their last names.
- A new birth certificate will be issued to the adopted adult.
- All biological ties with the birth parents will be legally severed by this move, so think carefully about the consequences.
- The parties may agree to have the court records sealed, just as with minor child adoptions.
If you have more questions about this relatively rare but useful legal option, speak to a family law attorney such as Joanna Cobleigh Esq today.
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