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.

6 thoughts on “Adult Adoption Is A Growing Trend”

  1. My adult step-son [age 52] lives in New York/Manhattan. I live in Florida. I would like to adopt my step-son for estate management purposes. Can I adopt my step-son if I am NOT A NEW YORK RESIDENT and do not intend to become a NY resident? Thank You!

  2. I’m looking to adopt my 26 year old stepdaughter. She’s agreed to it but now need help with the process. She’s not sure if she’s ready to change her last name yet, but hopefully will down the road. I’m coming into a VERY large amount of money soon (minimum 3 million) and I want to make sure that she’s protected, when or if the end arrives. She’s as much my daughter as my other 3 children. Any help you can help will be greatly appreciated.

  3. I am 28 and looking to have my step-father adopt me. We both are in agreement and I would like to change my last name in regards to carry on the name of the family that raised me. What would this entail and how long May the process be. Can it be expedited?

  4. I’ve a question that’s need to be answered and on the web site I was looking for it. I couldn’t find it so I thought to write to you instead and hopefully you can help me out. My mom and her family are from Dushore, Pa and the man my mom married isn’t/wasn’t my father. He is on my birth certificate and our blood types don’t match. When my mom and him split up/ divorced .He sent/gave me away to a family from New York State and this family raised me since then. This was a verbal agreement and never went through the courts. I’m an adult now and my mom and her family are all dead and gone. So is the man who married my mom and the family who raised me did ask him if they could adopt me. I guess he said no and he believed I was his kid. Here’s my question” Can an adult be adopted?” This is something I really want and if it is possible how much will it cost? I’m poor and don’t have a lot of money. The family who raised me don’t have the money either and we both have been through a lot. I cant call them mom and dad because they aren’t my parents. I want them to be and how can you help me? I’ll take all the advice I can right now to make my dreams come true. Thank you for listening and please get back to me.

  5. Can my son keep the last name he currently has or hyphenate it if my husband adopts my son?
    He is now adult and wants my husband to adopt him, but we are very close to my ex in laws who have nothing to do with my ex husband.
    Being the first grandson carrying on the last name is important to his grandparents and to us. Is that an option?

  6. I am 30 years old and would like to give my step father the option to adopt me as his legal son. I do not wish to change my name, nor am I looking for any inheritance. I just want him to know that, in my eyes, he is my father. What do I need to do.

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