Can you adopt an adult

Can you adopt an adult

Adult adoption can occur when the potential adoptee turns 18 years old. The consent of the adult who wishes to be adopted, and the person willing to adopt, is all that is required at that point.

Reasons to Adopt an Adult

It is important to understand that adult adoption does not mean establishing guardianship. Legal guardianship is meant to protect and provide care for an adult who cannot do so. Guardians can act on behalf of the person they are guardianship of and make financial and medical decisions.

There are many reasons for adult adoption.

• Birth family An adult adoptee may decide to be adopted by the family of their origin after finding their biological family.
• Foster child – A former child who was unavailable for adoption but grew up with a foster family may be adopted by an adult.
• Inheritance – A method to create legal inheritance rights in a relationship.
• The stepparent might adopt a Step-child who is fond of their stepparent as an adult.

Obstacles to Adoption of Adults

In certain circumstances, state laws may prohibit adult adoption.

• Age Difference is when a particular state requires that an adopted parent and child be at least 18 years old. 
• Incest: The state’s incest laws apply to any relationship between the adoptive parent and the child. 
• Legalizing a Relationship: Some states like New York have decided that adoption laws cannot be used to legalize an adult relationship among same-sex partners. However, Delaware stated that adoption between adults could be used to create inheritance rights if that was the primary purpose. 
• Maximum age: Prohibited in some states, specifically Alabama, Arizona and Nebraska. 

Adoption of Adults

2 Adoption is handled at the state rather than at the federal level. Each state requires its forms and documents. These are the basics:

1. You can pick up the necessary documents at your local courthouse.
2. Gather all the information that you will need to complete the forms. You can use a lawyer or not. You may have to complete additional forms if the person you’re adopting isn’t mentally or physically capable.
3. Sign the paperwork in the presence of a notary. Most banks offer free notary services.
4. Follow the instructions to submit your paperwork.
5. Family Court will set up a date for you.
6. You will be arraigned before a family judge, who will rule on your case.

Many reasons a judge may deny or question an adult adoption. 6 The judge will ensure that the adoption is legal and meets all legal requirements.

International Adoptions

Adopting an American adult from another country is far more difficult than adopting an American citizen. It is important to consider American immigration laws as well as American adoption laws.

Adoption is not a way to guarantee that an adult will become a citizen of the United States. Government officials can be very strict about international adoptions.