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.
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.
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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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!
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.
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?
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.
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?
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.
How many months does an adult adoption process take from start to finish?
This depends on a number of factors, including how accurately and completely you filled out your paperwork, whether there are any legal complexities that need to be sorted out, and how many cases the court is dealing with. Many cases, for example, have faced substantially delays due to the COVID-19 pandemic.
That said, you should expect your case to take a minimum of two to three months, assuming all goes well. If there are delays with the court or any legal problems that arise, it could take significantly longer.
Can a New York resident adopt their adult nephew who is resident in another country in order for them to become resident in New York?
It is potentially possible to adopt an adult relative from a foreign country. However, the primary benefit to this is for inheritance purposes, and is unlikely to help much with the immigration process. Unfortunately, our firm does not really handle immigration matters, and you should consult with an attorney specializing in immigration to learn more about potential options you may have.
I’m hoping to embrace my 26 year old stepdaughter. She’s consented to it yet presently need assistance with the interaction. She doesn’t know whether she’s prepared to change her last name yet, yet ideally will not too far off. I’m coming into a VERY enormous measure of cash soon (least 3 million) and I need to ensure that she’s secured, when or on the other hand assuming the end shows up. She’s as much my little girl as my other 3 youngsters. Any assist you with canning assist will with being incredibly valuable.
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It helped when you said that there is an adult option for the legal rights to create. A friend of mine mentioned to me last night that they are looking for an adoption attorney that could help them through the legal process as they are planning to adopt a child. Thanks to this informative article, I’ll tell him that it will be much better if they consult a trusted adoption attorney as they can provide more information about the process.
Does adult adoption require notification of the adoptee’s biological parents? The information I picked up from my local Family Court is the same packet they use for Private Placement and it contains a for for Notice of Adoption which appears it would be sent to the biological/legal parents of the adoptee.
I am 62 and both of my parents are deceased. We never had a particularly close relationship. After the passing of my 90 year old mother in 2023, I grew to resent her and I think that I actually hate her. My closest blood relative is my sister. She couldn’t care less about me. I’m just dying to have someone that I can truly call family. My neighbors across the street are the kindest and sweetest people you could ever meet. Deep in my heart, I really love them. They have looked out for me so much and have been so caring, especially spirituality.
I seek nothing from these people financially. I would just love to be able to truly call them my mom and dad. Nothing more. Is this possible or even realistic?