Adult Adoption Is A Growing Trend

In New York State, an individual may adopt a person over the age of 18. This grants the person over the age of 18, the legal treatment of a biological child. Adult adoption often occurs for the purpose of establishing legal rights, including inheritance or recognizing a parent-child relationship. New York State does not have strict laws governing who is eligible to adopt as well as who is eligible to be adopted. For instance, in certain states, an adoptee must be a minimum of 10 years younger than the adopter. New York State only requires that the adoptee agrees to the adoption.

adult adoption lawyerIn New York State, an individual may adopt a person over the age of 18. This grants the person over the age of 18, the legal treatment of a biological child. Adult adoption often occurs for the purpose of establishing legal rights, including inheritance or recognizing a parent-child relationship. New York State does not have strict laws governing who is eligible to adopt as well as who is eligible to be adopted. For instance, in certain states, an adoptee must be a minimum of 10 years younger than the adopter. New York State only requires that the adoptee agrees to the adoption.

While adult adoption is becoming more common, it remains a difficult process. However, there are many reasons why individuals choose this path, such as having a stepparent adopt them after years of caring for them. Some individuals wish to adopt an adult in order to confer certain legal privileges to the child for purposes of inheritance that a non-relative may not be entitled to. In addition to inheritance, there are certain health care benefits that an adopted child may be entitled to through insurance.

In order to obtain an adult adoption in New York, an individual must file a petition for adoption with the Family Court or Surrogate’s Court, depending on the county. An adoptee must provide his or her consent to the adoption. Once the judge in the Family Court or Surrogate’s Court approves the adoption, a formal court order of adoption will be signed and granted. A birth certificate for the adopted person will be issued and all previous parental ties are severed.

While adult adoption may be beneficial for insurance, legal, or estate planning reasons, it is permanent and will entitle an individual to all benefits another child would receive. Overturning an adoption is complex and very difficult, which is why it is important to discuss your options with an experienced attorney.

While an adult adoption may seem like a simple process, it can be complex and lead to unintended consequences if it is not properly thought-out. If you require assistance with an adult adoption, speak to an experienced family lawyer who may provide some insight into the process.

If you have questions regarding adult adoption or another family law matter, contact the Suffolk County family law attorneys of McGuire & Peláez, PC. Ms. Peláez has practiced daily in the family court for more than 10 years as private and Court appointed counsel, and she will zealously fight for your rights as a parent. Contact our Long Island family law firm at (631) 348-1702.

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