Legal Definitions - adult adoption

Adult adoption is a legal process through which one adult formally adopts another adult. Unlike the adoption of a minor, which typically focuses on providing care and protection, adult adoption primarily establishes a legal parent-child relationship between two consenting adults. This process can have significant legal consequences, including inheritance rights, the ability to make medical decisions, and the establishment of a formal family bond.

Here are some examples of how adult adoption might apply:

• Formalizing a long-standing parent-child relationship: Imagine a situation where a stepchild, who was raised by a stepparent from a young age, was never formally adopted during childhood. Now, both the adult stepchild and the stepparent wish to legally recognize their deep, existing parent-child bond. For instance, Sarah, now 30, was raised by her stepfather, Mark, since she was five. Her biological father was absent, and Mark has always been the only father she's known. They decide to pursue an adult adoption to legally formalize their relationship, granting Sarah the same inheritance rights and legal standing as Mark's biological children. This example illustrates how adult adoption can solidify a familial relationship that has existed in practice for many years but lacked legal recognition.

• Establishing legal family ties for inheritance or medical decisions: An adult adoption can be used to create a legal family relationship where one might not traditionally exist, often for practical reasons like estate planning or healthcare directives. For example, Mr. Henderson, a wealthy widower with no biological children, has been deeply cared for by his long-time personal assistant, Lisa, for over two decades. He considers her family and wants to ensure she inherits his estate and has the legal authority to make medical decisions on his behalf if he becomes incapacitated, without relying solely on a will or power of attorney. By adopting Lisa as an adult, Mr. Henderson establishes a legal parent-child relationship, automatically conferring certain rights and responsibilities, such as inheritance and next-of-kin status, simplifying future legal and personal matters.

• Creating a legal family bond for emotional and social recognition: Sometimes, adult adoption is pursued primarily to provide legal recognition for a profound emotional bond that functions as a parent-child relationship, even if there's no traditional history of raising a child. Consider this scenario: Maria, a 65-year-old woman, has been a mentor and surrogate mother figure to David, 40, since he was a troubled teenager. David's biological family is estranged, and he considers Maria his true mother. They both desire to make their deep emotional connection legally binding. Through adult adoption, Maria can legally adopt David, providing him with a recognized legal mother and potentially granting him rights such as being listed as next-of-kin, solidifying a chosen family bond that already exists emotionally.