Adult Adoption

The most common driver for adult adoption is the protection of an estate. Under state intestacy laws, a child (even one adopted as an adult) is a primary heir. By establishing this legal bond, the adopter ensures that their assets will pass to the adopted individual by operation of law, even if a will is contested or missing. This preemptively neutralizes potential claims from distant biological kin who might otherwise seek to challenge the decedent’s intent in probate court.

For individuals caring for an adult with a disability, adult adoption provides a streamlined path to establishing permanent guardianship and medical decision-making authority. It solidifies the caregiver’s standing in the eyes of hospitals, insurance companies and government agencies. This formal status ensures that as the adopter or the adopted adult ages, there is no ambiguity regarding who has the right to manage their affairs or make end-of-life decisions.

Beyond the financial implications, adult adoption serves to validate a relationship that has existed in practice for years, if not decades. Whether it is a step-parent formalizing their bond with a step-child or a mentor adopting a protégé, the legal decree provides a sense of permanence and social legitimacy. This public declaration of kinship carries significant emotional weight and serves to integrate the individual fully into the family’s social and historical narrative.

The hallmark of adult adoption is the requirement of mutual, informed consent. Unlike the adoption of a minor, the court generally does not require a home study or the consent of the biological parents. Both the adopter and the person being adopted must sign formal affidavits expressing their clear intent to create a parent-child relationship. If the court suspects that one party is being coerced or that the adoption is being used for a fraudulent purpose, such as evading immigration laws, it will deny the petition.

In many jurisdictions, if the adopter is married, their spouse must also join the petition or provide formal written consent. This prevents one spouse from unilaterally introducing a new heir into the marital estate without the other's knowledge. Similarly, if the adult being adopted is married, their spouse may need to be notified of the proceeding, as the change in legal parentage could impact marital property or inheritance expectations.

To file for adult adoption, at least one of the parties must typically meet the state’s residency requirements, often living in the county of filing for at least six months. Navigating these jurisdictional rules is critical, especially for families with members living in different states. A failure to establish the proper nexus with the court can lead to the decree being challenged later as void for lack of jurisdiction, putting the entire inheritance strategy at risk.

If a will was written before the adult adoption took place, the newly adopted child might be considered a pretermitted heir—someone inadvertently left out of the will. Most states have laws that allow these individuals to claim a portion of the estate as if the decedent died without a will. This can disrupt the intended distribution of assets to other beneficiaries. We ensure that our clients update their estate documents immediately following the adoption to reflect their current familial structure and intent.

Estranged relatives often attempt to contest a will by arguing undue influence or lack of capacity. However, challenging an adoption decree is much more difficult. By formalizing the relationship through adult adoption while the adopter is of sound mind, you create a nearly insurmountable legal barrier for those who would seek to divert your assets. The court views the adoption as a definitive statement of the adopter’s desire to treat the individual as their primary heir.

Adult adoption can have significant impacts on inheritance and estate taxes. In states with inheritance taxes, Class A beneficiaries (direct descendants) often pay lower rates or are entirely exempt compared to Class C or Class D beneficiaries (distantly related or unrelated individuals). By moving an individual into the status of a legal child, you can potentially save hundreds of thousands of dollars in taxes upon the transfer of the estate.

If a biological parent dies without a will after the adult adoption is finalized, the adopted child has no legal claim to their assets. The biological line is cleansed for legal purposes. For some, this is a clean break from a traumatic past; for others, it is an accidental forfeiture of a family legacy. A sophisticated legal strategy must consider the potential value of the biological estate before finalizing the new kinship bond.

Some states provide an exception for stepparent adoptions, allowing the child to maintain their legal tie to one biological parent while being adopted by the spouse of the other. However, in a standard adult-to-adult adoption between unrelated parties, this dual-kinship is rarely permitted. The law generally demands that a person have only one set of legal parents at a time to avoid confusion in estate and custody matters.

Unlike a power of attorney or a guardianship, which can be revoked or modified, an adult adoption is permanent. Once the judge signs the decree and the appeal period expires, the relationship cannot be undone simply because the parties had a falling out. Reversing an adoption requires another adoption or a very high-level challenge based on fraud or lack of capacity at the time of the original filing. This permanence is what gives the arrangement its power, but it also necessitates extreme certainty before signing.

The court is particularly vigilant against scenarios where a younger adult might be taking advantage of an elderly adopter to gain access to their wealth. If the judge senses that the adopter lacks the mental capacity to understand the legal consequences of the adoption, they will appoint a Guardian ad Litem to investigate. SJKP LLP prepares our clients for this judicial inquiry by documenting the history of the relationship and ensuring the adopter’s capacity is beyond reproach.

As part of the adoption decree, the adopted adult has the option to legally change their surname to match the adopter’s. This is a significant part of the identity transformation. However, a name change triggers a cascade of administrative requirements, including updating Social Security records, passports, driver’s licenses and professional certifications. We handle the coordination of these post-decree formalities to ensure the transition is seamless.

The final step in the process is the prove-up hearing where the judge reviews the evidence and signs the decree. Following this, the state’s department of vital statistics is ordered to issue a new birth certificate for the adopted adult, listing the adopter as the parent. This document is the ultimate proof of the new legal reality and serves as the foundational record for all future legal and financial interactions.