Adult adoption is the creation of a legal parent-child relationship when the adoptee is beyond the age of majority.
The Florida adoption attorneys at Gulf Coast Adoptions explain adult adoption.
What Is an Adult Adoption?
Adoption is a legal process to create a parent-child relationship, where one does not already exist because of birth or prior decree of parentage. When the person to be adopted is an adult, it is an adult adoption.
Can an adult be adopted?
Yes. If the people involved meet the requirements and follow the right steps, an adult can be adopted.
What To Know About Adult Adoption
- Adult adoption is recognized in all 50 states.
- Each state creates its laws for who can be adopted and how adult adoption works.
- There is significant variation. In some states, adult adoption is straightforward while in other states, there are significant restrictions.
- In all states, you must petition the court.
- The adult must consent to the adoption.
As we discuss the procedures and common questions for adult adoption, there are a few common themes. Adult adoption is generally allowed. In many ways, the process is streamlined as compared to the adoption of a minor.
The requirements and procedures vary from state to state. Florida has relatively few restrictions and a straightforward process. Alabama is slightly more restrictive, but adult adoptions are still widely allowed.
Reasons for adult adoption
- Recognizing a parent-child relationship that already exists
- Inheritance rights and preventing disputes
- Care for a person with a disability
- Immigration and residency
- Legal standing for other benefits from a parent-child relationship
- To be next of kin when it comes to medical care and other decisions
- Restoring a legal relationship between biological family members
- Helping foster children into adulthood
The reasons that people pursue adult adoptions vary considerably.
How Do You Initiate an Adult Adoption?
To initiate an adult adoption, you petition the court. Generally, you file in the probate court or family court, depending on the jurisdiction.
You’ll submit a petition for adoption, the required consent forms, and supporting documents. The requirements vary by state, and there may be local court variations. An attorney can help with these differences, ensuring your petition is correct and you avoid delays.
Does Adult Adoption Terminate the Parentage of the Current or Biological Parent?
Usually, yes. In most states, adult adoption terminates current parental rights. However, consent of the current legal parent is not usually required. Whether they must be notified depends on the state.
Note: In Florida, adult adoption terminates parental rights with the granting of the decree of adoption. Fla. Stat. § 63.102(6).
If you’re married, do you have to petition to adopt an adult together?
It depends on the state. In Florida, generally, yes, unless excused by the court for good cause or if failing to join together in the petition is in the best interests of the child (Fla. Stat. § 6.042(2)(c)). Another exception is where the other spouse is already a parent of the adoptee. In that case, the person who is already the parent must consent to the adoption.
In Alabama, § 26-10F-5(b) says that a married couple must adopt together unless one parent is already a legal parent to the adoptee.
Is there a minimum age gap for adopting an adult?
It depends on the state. For example, Alabama requires an age gap of 10 years between parent and adoptee (Ala. Code § 26-10F-5(c)).
The requirement may be waived for good cause. Florida does not have an age gap requirement.
Is the biological parent’s consent required for an adult adoption?
No. The biological parent does not have to consent for a petitioner to adopt an adult in Florida or Alabama. This is a significant difference from child adoptions where the current legal parent must consent to the adoption or have their rights terminated. In Florida, you must give the current parent notice of the final hearing. In Alabama, the current parent doesn’t have to be notified of an adult adoption.
What is the effect of adult adoption?
Adult adoption creates a legal relationship between parent and child, although the child is an adult. The adoptee will have the same rights as any other child with a legal parent-child relationship. A new birth certificate may be issued reflecting the relationship.
Lawyer Who Handles Adult Adoption
Do you have questions about adult adoption? Are you ready to begin? We invite you to contact Gulf Coast Adoptions. Call or message us now.