Can Adults be Adopted?

When one thinks of adoption, the usual process of an adult adopting a child or an infant comes to mind. The question of “Can adults be adopted?” is likely only to arise in more specific circumstances. The concept of an adult adopting another adult is certainly less common but is a growing area of legal practice. It makes the most conceptual sense to think of adult adoption in the same way as child adoption, with the parties being an adopting parent or parents and an adopted child.

In this case, however, the child is an adult (“adoptee”). The terminology and conception of the process apply in the same way as the process fundamentally involves the establishment of a legally specific parent–child relationship. This relationship established via adoption is the same regardless of whether the adoptee is 3 years old or 30 years old. 

Adult Adoption: Age 

A main differentiating factor in the adoption of an adult is the age of the adoptee. In California, a person is classified as an adult once they reach the age of 18. This age gives an adoptee the legal right to provide their consent to legal proceedings. This makes the process of adopting an adult different from that of adopting a child. A child does not have the legal right to consent to an adoption; therefore, it is for the courts to determine what is in the child’s best interest. In contrast, the law recognizes that adults can make such decisions for themselves. 

The main difference in the process of adopting an adult rather than adopting a child is that the adoptee can personally consent to the adoption and the legal process is different because of this. As the adoptee is over the legal age consent, the process of adopting an adult is often a lot faster than the process of adopting a child. Fewer requirements must be fulfilled due to the adoptee's ability to provide consent as well as make their own informed decisions. It is also often the case where the adoptee no longer lives at home with the adopting parents, meaning a home study is not required. This is vastly different from the adoption of a child where the child is intended to live with the adopting parents and they are to make decisions surrounding the child’s everyday well being. In this way, the adoption of an adult is less focused on practical matters of care and more about a symbolic recognition of the parent–child relationship the adopting adult has with the adoptee. 

Why an Adult May Wish to be Adopted

For people considering the process of adopting an adult, the how is of obvious importance. What legal processes to follow and what arrangements need to be made are of course relevant. However, as the nature of the resulting parent–child relationship is very different in an everyday, practical sense, it makes for a more interesting study to consider the why behind adult adoption. Adult adoption is not undertaken to obtain the legal rights and responsibilities that establish parental rights relating to the day to day care of a child. In most cases, the adoptee will have left home and become responsible for these decisions themselves. This seems to suggest that the desire to undertake the process of adult adoption stems from a symbolic place. 

Having the relationship of a parent and child recognized legally, regardless of biological linkages, is of utmost importance to many people. It is a foundational relationship in a family and while it may seem like an unnecessary legal formality to many, it is of great importance to some. This is often the case in a situation of stepparent adoption. A common reason behind adult adoptions is the recognition of a parent–child relationship between a stepparent and their stepchild. Often stepparents have held the role of a primary carer for an adoptee. A stepparent can have had just as much influence, if not more, on an adoptee's life than a biological parent. This is especially so if the adoptee has grown up with the stepparent from a young age. In this situation, naturally, the adoptee likely considers their stepparent to simply be their parent. While the legal relationship in this situation does not change these feelings, or the everyday reality of their parent–child relationship, having the option to have this relationship formalized in a legal sense is of great significance. 

Birth Certificate 

During the process of adopting an adult, an adoptee may wish to change their birth certificate. This may be the sole driver behind the formal adoption or a significant part of it. Changing a birth certificate links with the symbolic nature of the adult adoption process. Having the people an adoptee regards as their parents recognized on their birth certificate, a highly important legal document, is a huge symbolic acknowledgement of their parental relationship. This step is likely to be a special one for both the adopting parents and the adoptee. 

While this would be the case irrespective of the adoptee's age, it has an extra weight of significance when the adoptee is an adult. The adoptee is confirming their choice of parents and editing their birth certificate to reflect that. In this legal process, no consent from an adoptee's biological parents is required unless one of the biological parents is retaining their parental rights. Therefore, in the case of stepparent adoption, it is more than likely the biological parent will consent to the stepparent, their spouse or partner becoming a legally recognized parent of their adult child. 

While these symbolic goals are achieved through adult adoption, more practical goals can also be achieved. Adult adoption comes up in the area of estate planning. Inheritance laws applicable to children, including adult children, apply to biological and adopted children in the same way. In this sense, it may give adopting parents peace of mind that the adoptee will continue to be cared for by their estate. Despite the general route of wills and trusts being used to direct assets, being legally classified as the parent's child adds another layer of legal protection for adoptees. 

Summary