Why Would an Adult Adopt Another Adult?

Most people are likely unaware that adults can be adopted by another adult. In fact, legal guidelines are in place in most states that allow for this type of adoption. While the motivation behind such an act may seem difficult to understand, there are actually several very good reasons for an adult to legally adopt another adult.

When It's Advantageous to Adopt Another Adult

• One of the most common reasons for adults to adopt adults is to use the adoption as an estate planning tool. Wills that leave property to a legal child are far less likely to be challenged in court than a will that leaves a significant inheritance to another unrelated adult.
• Many times adult adoptions are meant to formally recognize as a child an adult step-child or an adult that had been a former foster child.
• Often an adult wishes to legally reinforce the bond with a biological child that had been raised by another family or a biological child that was unknown until they reached adulthood.
• Adults who are physically or mentally incapacitated can receive first-degree relationship status by being adopted by another adult, and with it the benefits, such as life insurance or inheritance benefits.

Reasons Not to Adopt an Adult

• Adoptions cannot be legalized for two adults who are in any type of sexual relationship.
• Normally the adopted person must be younger than the parent, but exceptions can be made for adults who have a diminished capacity.
• The courts will not approve adoptions where there is fraud. For example, adults who seek to be adopted in order to take advantage of an older or incapacitated adult for inheritance or insurance purposes.

Important Points to Keep in Mind

• Consent of both adults is required, unless the adopted adult is mentally incapacitated. Additionally, if the adult is married, consent of the spouse is required for both parties.
• Just as with a minor child adoption, a new birth certificate will be issued and the adopted adult will be able to change their last name, if desired.
• The adoption will signal the severing of all ties to the biological parent, which could be pertinent for estate purposes.
• Adult adoptions are not public records; the record may be sealed at the request of either party.

The definition of what constitutes a family can be flexible, as can be seen by the concept of adult adoptions. These types of adoptions present the opportunity to legally recognize another adult as a child not simply for financial reasons, but to formalize bonds between people. Consult with a family law attorney like Stephen J Weisbrod Esq Law for more information about legally adopting another adult.