Making an Existing Relationship Official

Many adults recognize and assign familial ties to non-biological family members. Examples include stepparents, foster parents, relatives who may have raised them, or even “chosen family.”  Adult adoption is a way to affirm an existing bond that isn’t created by blood, and gain the legal and emotional benefits of being part of a permanent family.

Adult adoptions occur for a variety of reasons, while not an exhaustive list, the examples we often see and support through legal representation include:

• Adoption by former foster parents of the children who lived with them in foster care and are now adults.
• Adoption by a stepparent who has been a consistent parent in the life of their spouse’s biological child.
• Adoption of an adult who does not have any emotional or legal family ties by their “chosen” parents.
• Adoption of an adult who was raised by extended family members (both directly related or not) and wishes them to be legally recognized as the adult’s parents.

Emotional Permanence

Not everyone has the privilege of family. They may have lost their family through death or other situational circumstances. Unfortunately, not everyone grows up with a supportive or emotionally safe family and some opt to sever ties in order to protect themselves. For adults who may have lost or are estranged from their biological parents and/or family, adult adoption can be a way to permanently tie themselves to their family of choice. This provides the knowledge they have a permanent support system and may be one step in healing the emotional trauma of losing or disconnecting from biological family members.

Consent By Biological Parents/Termination of Parental Rights Not Required

When a minor child is adopted, they have to be legally “cleared for adoption” meaning the parental rights of their biological parents must be terminated. In NC, that means the biological parent must willingly sign paperwork consenting to the adoption or their parental rights must be terminated through a multi-step legal process that is often time consuming, costs money, and can sometimes be contentious and emotionally taxing.

An adult adoption does not require this level of legal activity prior to finalization. Instead, the statutes require that the parents of the adult adoptee be noticed of the adoption, unless the requirement of notice is waived for cause by the Clerk of Superior Court. Circumstances that a Clerk of Court may consider include a history of abuse or neglect or emotional trauma, a lack of safety with the biological parents, and the inability for the adoptee and petitioners to locate the biological parents for the purpose of being noticed, as well as other circumstances relevant to the family’s situation.

Some families opt to wait and complete an adoption once the adoptee is 18 years of age or older in order to avoid having to contact the biological parents for consent or terminate their parental rights.

Inheritance Rights and Next of Kin Decisions

Adult adoption is also a formal mechanism for ensuring that an adoptee is eligible to inherit property and assets from the adoptive parents, and can be very important when considering estate planning. Once an adult adoption is complete, the petitioners and adoptee are also legal relatives, which may be critical for establishing next of kin for both legal and medical decision making.

Ultimately, regardless of why you are interested in completing an adult adoption, know that Stephenson & Fleming, LLP has the considerable knowledge and experience to represent your family in the adoption process. Email us now at info@childandfamilylawyers.com to learn more and schedule a free 30 minute consultation.