Adult Adoption Lawyers
What is an Adult Adoption?
An adult adoption is the adoption of any person who is 18 years of age or older. California, New York, Pennsylvania, and Virginia are a few of the states that allow adult adoptions. In contrast, Alabama, Arizona, Hawaii, Michigan, Nebraska and Ohio prohibit adult adoptions.
Should I Adopt an Adult?
There are different reasons to adopt an adult:
- Estate planning – There are laws that grant rights and privileges to the parent-child relationship (such as inheritance rights) and these rights apply to adoptive parent-child relationships as well. So adult adoptions can help solve some estate planning issues, particularly if the adoptive parent dies intestate (i.e. without a will).
- Real property taxes – In some states, adult adoptions may minimize tax obligations for real property. In California, for example, real property transferred between parent and child is not reassessed for tax purposes.
- Emotional bonds – Adults with long-lasting emotional bonds may choose to formalize their relationship through an adult adoption. For example, many adults choose to adopt their adult stepchildren. You may want to consult with Step-Parent Adoption Lawyers regarding this type of adoptive process.
There may be difficulties for some adult adoptions:
- Age – Some adoption laws require a minimum age difference between the adoptive parent and child.
- Nature of the adoptive relationship – The incest laws of some states may prohibit adult adoptions where the adoptive parent and the adult are involved in an adoptive sexual relationship.
How Do I Adopt an Adult?
The specific rules for adoptions vary from state to state. Generally, however, the following must occur:
- File a petition – To become the parent of another adult, a petition to adopt must be submitted to and approved by the appropriate state court.
- Obtain consent – Consent of the adoptee is necessary. Spousal consent may also be required.
- Receive an Order of Adoption – If a judge approves the petition, the judge will sign a formal court Order of Adoption.
Do I Need a Lawyer to Adopt an Adult?
Petitions to adopt are complicated to prepare. A family law attorney is familiar with the adoption laws of your state and can help you properly fulfill the petition requirements.
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Last Modified: 04-08-2014 02:19 PM PDT
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