Adult Adoptions: What you Need to Know
Did you know after the age of eighteen (18) years old, you can still be legally adopted? In most states, including North Carolina, it is possible. Often an adult wants to formalize and legalize an already existing parent-child relationship. Often this involves a step-parent, Aunt or Uncle, grandparent or other relative who stepped in as a parental unit through the adult’s life. An Adult Adoption allows the adult to formalize a legal relationship with the person always considered “their parent.” The unique parent/child bond can be reinforced through an Adult Adoption offering security and protections to those involved.
What are the legal advantages to an Adult Adoption? Although the list is lengthy, some highlights include:
– The adoptee obtains inheritance rights to the estate of the adoptive parent.
– The adoptee would have the ability to change his or her name to align with their “parent’s” name.
– The adoptee can have his or her birth certificate amended to add the adoptive parent’s information.
– The adoptee may have access to social security benefits and insurance via their adoptive parent’s status.
– The adoptive parent may obtain legal authority to assist with the adoptee’s care and welfare, such as reviewing medical records or weighing in on medical decisions, if needed.
In Adult Adoptions, the adoptee and adoptive parent must consent to the adoption. However, the adoptee’s legal/biological parents do not have to give consent for the adoption to go through. Rather, the legal/biological parents must only receive a copy or otherwise be served with the legal documents and be made aware of the ongoing adoption proceedings. Additionally, any adult children of the adoptive parent, any spouse of the adoptee, and any children of the adoptee must be notified of the proceedings. Again however, none of these individuals are required to consent to the adoption.
To get started, a petition must be filed with the Court. Thereafter, notification must be sent to the appropriate individuals, and consent paperwork by the adoptee and adopting parent must be completed. Once everything is in place, the adoption can be finalized in Court. Since the paperwork and process can get tricky, it is best to hire an attorney to ensure as smooth a process as possible.
If you are seeking more information about an Adult Adoption, our Modern Legal team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
