Can You Legally Adopt an Adult?

Maybe you want to formalize your relationship with your stepparent. Or maybe you were reunited with your birth mother and want to make her your legal mom. But adoption is just for babies and little kids, right? Can you legally adopt an adult? Yes. 

Regardless of what you think, it is both legal and possible to adopt yourself a grownup. In many cases, your new adult family member must simply be a legal adult and voluntarily agree to the adoption. When this takes place, it's called adult adoption, in which the courts establish a legal parent-child relationship between you and the other adult.

So, why would you adopt another adult, and how do you even go about obtaining an adoption order? We'll dive into everything you need to know about the adult adoption process.

Why adopt an adult?

Can you adopt someone over 18? Yes. Adoption is basically the same legal process, whether the individual is a child or an adult. During the adoption hearing, any existing legal relationships with biological or custodial parents are severed. The adopted adult can change their last name, also called a surname change, and all adoption records will be sealed.

So, why would someone want an adult adoptee? There are several reasons why adult adoptions take place, including those associated with creating legal inheritance rights, building family relationships, adopting siblings, and providing dependent care.

Inheritance rights

A common reason to adopt an adult is for inheritance purposes. In this case, adult adoption allows someone to leave assets to the adopted individual more easily.

Adult adoption can be an estate planning tool as it recognizes the legal parent-child relationship and can help prevent inheritance disputes.

That said, it's important to note that adult adoption may terminate the adult adoptee's right to receive inheritance from their biological parents.

Formalizing a relationship

The second reason, almost as common, is to formalize an existing parent-child relationship. For example, parents can adopt a now-adult foster child or stepchild. Maybe the adult adoptee was in their adoptive parents' foster care for years, and now they want to legalize their parent-child relationship. Or, regarding stepparent relationships, a step parent may want to legally adopt their spouse's child who is 18 or older to help strengthen their family bond.

Furthermore, adult adoption is a popular option for biological parents, as well as for children who find their birth family and wish to be formally acknowledged or for fathers who find children they didn't know they had.

Sibling adoption

Can you adopt an adult even if they're your sibling? Yes, some states allow sibling adoptions.

An older sibling may adopt a younger sibling for legal or emotional reasons. For instance, the older sibling could seek legal rights to make healthcare decisions for their adopted sibling or secure inheritance rights. In other cases, they may seek sibling adoption to strengthen their emotional bond and formalize their relationship.

Dependent care

Finally, adult adoptions often occur to provide perpetual care for an adult who has a diminished capacity or disability. Such adults can assume responsibility for a mentally disabled or challenged individual or someone who is physically disabled.

Through the adoption process, one adult can become the responsible party and decision-maker for another adult's care.

How to legally adopt an adult

To legally adopt an adult, you must go through the legal process. Some of the steps involved include the following.

• Consider hiring an adoption attorney. A lawyer can help you understand the requirements for adoption, navigate the legal process, and help represent you in court.
• Obtain consent. The adoptive parents and adult adoptee must consent to the adoption. If the adult adoptee is married, they may also need to obtain spousal consent.
• Submit documents to the court. You must file a petition with the court to formally request the adoption and pay the associated filing fee. This step may also involve providing consent forms with notaries and other documents like your birth certificate.
• Appear for your hearing on your court date. The adoptive parents and adult adoptee must attend the hearing.
• Receive the adoption order. If the judge grants the petition, you will receive an adoption order, and the legal relationship can begin.

Guidelines and requirements vary

Guidelines and requirements for adult adoptions vary between states. If you're considering an adult adoption, check with your county clerk website for specific laws and regulations and consider consulting with an adoption attorney for legal counsel.

The following are some examples of restrictions and requirements that may vary from state to state.

• Birth parent notifications. Many states require formal notification of birth parents, especially in stepparent relationships. For example, the biological parent (who is not married to the stepparent) may have to agree to relinquish their parental rights and consent to the adoption.
• Adoptive parent and adoptee consent. Most states require an agreement between the parties involved.
• Spousal consent. If the adult up for adoption is married, some states will want to have the consent of the adopted person's spouse.
• Age. The adoptee needs to be at least 18 years old, but some states have age restrictions on the adoptive parent, requiring them to be a certain number of years older than the adoptee. For instance, in Utah and Nevada, the adoptive parent must be at least 10 years older than the adoptee. Meanwhile, North Dakota and New Hampshire place no age limitations on the adoptive parent other than them being older than the adoptee.
• Capacity to consent. If the adoptee has diminished capacity, the court may require a mental evaluation or appoint a guardian ad litem to represent the adoptee's best interests.
• Motives. The court may scrutinize the reason for the adoption, assessing whether it's in both parties' best interests and ensuring there's no fraud involved.
• Residency. Some states require the adopting parent to have lived with the adult adoptee for some time.

Why are some adult adoption applications rejected?

Interestingly, adult adoptions are not always granted. The courts may reject an adult adoption application due to the following reasons:

• Existing sexual relationships. Many are rejected because of a preexisting sexual relationship between the two parties. Since the courts are formalizing the relationship of parent and child, any sexual relationship will prohibit the adoption.
• Age. Age differences might also halt a proposed adult adoption. In most states, restrictions exist that require the adopting party to be older than the person adopted.
• Fraud. Any suspected fraud will stop an adult adoption in its tracks. Fraud, alleged or real, could include someone asking a wealthy individual to adopt him or her in order to inherit property. If the adopting party doesn't fully consent or understand the act, the courts will likely suspect fraud. Fraud can also relate to insurance, property, or marital issues.

Anyone considering an adult adoption is advised to learn the laws governing adoptions in his or her state and to consult an attorney. A full understanding of adult adoption and its effects is necessary before beginning the process of gaining or becoming a brand new son or daughter, no matter your age.

At LegalZoom, you can meet with a professional attorney who will provide legal advice and ensure you have everything you need to successfully obtain an adult adoption.

FAQs

To learn more, check out these FAQs.

Can you adopt someone over 18?

Yes, you can legally adopt someone over 18. To do so, you and the other adult must meet certain legal requirements and file a petition with the court.

Can you adopt an adult from another country?

Yes, you can adopt an adult from another country. This is known as a foreign-born adult adoption. However, you and the adoptee may need to meet certain legal criteria to move forward with this kind of adoption.

Do I need an adoption attorney?

Hiring an adoption attorney is not required when going through the legal process. That said, an adoption attorney can provide you with legal advice, ensure you submit all the necessary documents, and represent you in court, all of which can help you successfully obtain an adoption order.

What is the point of adult adoptions?

Many reasons exist for adult adoptions, such as to establish inheritance rights, formalize family relationships, or provide dependent care for a person who has a disability or diminished capacity.

Lee Ann Sontheimer Murphy contributed to this article.