Can You Adopt an Adult? Legal Rights, Benefits, and Steps Explained

Adopting a child is a common practice in the US, and the motivations behind it are easy for most to understand. A child needs a parent and guardian to protect and nurture them. Adoption is a legal process to give children who don’t have access to a stable guardian the support they need while growing up

However, you might be wondering, can you adopt an adult? The answer is yes, in many — but not all — states, you can.

What Is Adult Adoption?

Similar to child adoption, adult adoption occurs when a court formalizes a parent relationship between one person over the age of 18 and another. In the adult adoption legal process, once the petition is approved, the court issues a new birth certificate that makes the connection binding.

Different from child adoption, adopting an adult in the US doesn’t involve the same transference of parental rights and responsibilities. Since these rights mostly dissolve at 18 when a person becomes a legal adult, there is no need to take on parental rights when adopting an adult.

However, adult adoption is a way to acknowledge the importance of a parent’s relationship with their adult child and establish legal inheritance rights in the long run.

Why Do Adults Adopt Another Adult?

Adult adoptions often occur among family members, between stepparents and adult stepchildren, and even sometimes between friends. There are both legal and practical reasons for adult adoption, including:

1. Securing Inheritance Rights

One of the main adult adoption benefits many seek is the ability to formalize a relationship with an adult child so they have a legal right to inheritance. This can also give the adopter or adoptee familial rights, like suing in the case of wrongful death.

It can help in the case that the legal parent wants to leave their adopted child familial wealth upon their death, which may otherwise require a more lengthy or complicated legal process to achieve.

2. Formalizing a Long-term Relationship

For example, a stepparent may choose to adopt an adult stepchild. Without the issue of parental rights in the way, this is often an avenue to formalize parental relationships in adulthood for those who couldn’t adopt a child due to custodial issues, as this type of adoption does not necessarily require consent from the birth parents.

In another situation, a long-term caregiver may adopt the person receiving care. In either scenario, adult adoption fosters a stable and legal parent-child relationship between the two parties. In the eyes of the law, the adoptive parent is regarded the same as a biological parent.

3. Ensuring Caregiving for Elderly Adults

Adult adoption can also secure perpetual care for adults with disabilities or those otherwise concerned with elderly care. Adoption will not impact the disability benefits of the adoptee, but it will provide legal protection, emotional security, and formalization of familial bonds.

Adult Adoption Laws

Adult adoption is not legal in every state and situation, and the requirements vary greatly from state to state. Eligibility requirements often spell out the legally acceptable age of the adult to be adopted, the relationship necessary between them and their adoptive parent(s), and how long they must have lived with their adoptive parent(s) prior to adoption.

One constant in the legal process of adult adoption is that both parties must agree to it in order to file a petition to adopt.

The federal government and different states have put in place legal obstacles for adult adoption to protect against certain issues like incest or illegal residency. These include rules such as:

• Minimum age differences between the adoptive parent and adoptee apply in some states.
• A sexual relationship between an adoptive parent and adopted adult may be considered a felony.
• Adult adoption can not be used as a “marriage substitute” between partners in most states.
• According to the US Citizenship and Immigration Services, foreign-born adults may not be adopted to establish citizenship.

State Laws

Adult adoption is legal in a bit more than half the states. In states where adult adoption is legal, the process and conditions necessary differ from state to state.

For instance, some states, like Alabama, more often allow adults who are permanently disabled to be adopted by other adults. In other states, like Colorado, adult adoption is more common since the law allows for people between 18 and 21 to be adopted as minors, while those older than 21 can petition the juvenile court for adult adoption.

Florida is another state where adult adoption is less regulated and more common, as an adult or couple of any age can legally adopt another person over the age of 18 as long as they have the adoptee’s consent.

When it comes to adult adoption within different states, here is a general overview of some states’ guidelines and the differences between them.

 How to Adopt an Adult Legally

Similar to the rules and regulations about adult adoption, the actual process of petitioning for adoption differs by state. Generally, adopting an adult follows a five-step process.

1. Finding the Right Forms

The necessary documents for your locale are often available either online or in person at your local county clerk. You will need both the adoption petition form and consent forms for all parties required by your state. You may also want a change of name form if the adoptee intends to change their last name.

2. Signing in the Presence of a Notary

Many states require adoption papers to be signed in front of a notary to ensure authenticity. Some jurisdictions may have a specific office or location in which certain documents must be signed. Otherwise, many banks offer free notary services. You can also come prepared with a notary acknowledgment form template to expedite the process.

3. Filing the Petition for Adoption

Turn in the completed petition for adoption to the proper authority as indicated by state law. This is often the local court in your jurisdiction. Make sure to read and follow all jurisdiction-specific processes and regulations.

4. Appearing In Court

Whether you are an adoptive parent or the adult to be adopted, all relevant parties must appear before a judge to finalize the adoption. In some states, like Maryland, the adoptee’s biological or legal parents may be required to be present. The adoptive parent’s spouse and adoptee’s spouse might also need to appear, again dependent on state-specific laws.

5. Court Issues New Birth Certificate

If the judge rules in favor of the adoption, a new birth certificate will be issued listing the new adoptive parents. In states such as Maine, where the name change process happens alongside the adoption process, a last name change may be approved at the same time and appear on the birth certificate. Otherwise, the adoptee may have to undergo a separate process if they wish to change their name.

Potential Benefits of Adult Adoption

Adopting an adult has a host of both legal and emotional benefits. On the legal side, these include:

• Inheritance rights. Adopted adults often benefit from the same inheritance rights and processes granted to an individual’s biological children, simplifying the will and estate planning process for adoptive parents. This can also establish a next of kin in the case that the person does not have a will, biological children, or surviving spouse.
• Legal parental rights. While parental rights do not factor into adult adoption as much as in the case of adopting a minor, some key rights and responsibilities still transfer over. For example, the parties involved gain access to some Social Security and pension benefits. Also, adoptive parents and their adult adoptees can more easily release medical information to one another, visit one another in the hospital, and potentially make decisions for one another in emergency scenarios.
• Simplified caregiving procedures. Adult adoption streamlines caregiving plans when either the adoptive parent or adopted adult wants to enable the opposite party to make medical or financial decisions when it comes time for them to cede control. The guardianship and power of attorney processes are often made easier by the presence of a legally established familial relationship.

Emotional adult adoption benefits are often equally valuable to adoptees and their parents. Formalizing and solidifying familial bonds makes an adult adoptee feel less alone, knowing they are a part of a family they can rely on. The process can also help adults reconnect — or more closely connect — with biological family members, establish more tangible systems of support, and feel an overall deeper sense of belonging.

When You Can’t Adopt an Adult

Since every state has its own laws regarding adoption for people over the age of 18, each state can also have particular obstacles. Additionally, adult adoption is not permitted in cases where the:

• Adoptive parent is younger than the intended adoptee.
• Adoptive parent and adoptee have had a sexual relationship at any point.
• Adoptee is pursuing adult adoption to change their immigration status.

When an adoptive parent is significantly wealthy, adult adoption often requires special consideration due to financial fraud concerns. This is especially true when the adult to be adopted and their adoptive parent do not have an extensive relationship history.

Frequently Asked Questions