Adult adoption, though a quieter affair, is no less profound compared to the adoption of a child. In fact, it may be the final chapter in a family story that began years before—perhaps even a lifetime ago.
If child adoption is about nurturing a young life into adulthood, then adult adoption might be thought of as a formal acknowledgment that the bonds we form don’t end at age eighteen. They don’t even waver. In some cases, adult adoption is the legal step that cements a family relationship long after it’s already proven unbreakable. And in others, it’s a way to repair fractured family ties or bring a long-lost foster child back into the fold. But no matter the path, adult adoption is a legal tool often overlooked but deeply meaningful to those who pursue it.
What is Adult Adoption?
When people think of adoption, their minds immediately turn to infant or child adoption—a life-changing event where parents and children unite to form a new family unit. But what if we told you that adoption doesn’t have to be confined to childhood? The adult adoption process enables individuals over the age of eighteen to be legally adopted, establishing a permanent, legal parent-child relationship between consenting adults.
Unlike child adoption, where home studies, background checks, and a stack of legal paperwork are the norm, adult adoption is refreshingly straightforward. There’s no need for home visits by a social worker or the lengthy vetting procedures you’d expect in other types of adoption cases. What matters most in these instances is that both parties—adopting parents and adult adoptees—give their consent. It’s not a process mired in bureaucratic hurdles but rather one that flows through the family court with relative ease. Yet, this “simple process” carries tremendous weight for those involved.
Why Adult Adoption?
The reasons for adult adoption are as varied as the people who pursue it.
Aging Out of Foster Care
For some, it’s the completion of a long-held wish to adopt a former foster child. These individuals have aged out of the foster care system, often after years of living in limbo. Now adults, they may still long for the legal recognition of a parent who raised them in every way except in name. The foster parent who nurtured them through adolescence becomes, finally and officially, their legal parent.
Crystalizing Family Bonds
In other cases, stepparents may find adult adoption an ideal way to solidify relationships that began in childhood but couldn’t be formalized until later in life. Stepparents may have played a central role in a child’s life, guiding them through their teenage years, but due to complex dynamics with birth parents, adoption didn’t happen earlier. Once the child reaches the age of legal adulthood, the ties between them and their stepparent can finally be codified, creating a permanent legal bond that mirrors the emotional one.
Legal Recognition for LGBTQ+ Families
For LGBTQ+ families, adult adoption can be a remedy for legal inequities that once prevented same-sex couples from adopting. Though the world has changed in many ways, there remain vestiges of a time when legal obstacles stood in the way of a spouse adopting their partner’s child. Adult adoption clears these hurdles, affirming the parent-child relationship in the eyes of the law.
Inheritance Rights
Then there are those families for whom adult adoption is more than a matter of convenience—it’s about inheritance rights. By adopting an adult child, parents ensure that their adopted adult will have the same legal inheritance rights as a biological child, eliminating potential disputes over estate planning. The adopted individual gains legal recognition as an heir, with all the attendant legal and financial benefits.
The Legal Process: How It Works
The legal mechanics of adult adoption might lack the drama of a courtroom thriller, but they’re no less consequential. In most states, including South Carolina, the adult adoption process begins with the filing of a petition in family court. The person adopting and the adult adoptee must both agree to the adoption (and the spouse of the adopting parent, even if the spouse is not adopting the adult). Interestingly, while consent is required from the adoptee and the adopting parent, biological parents do not have any legal say in the matter, nor do they need to be notified. For all intents and purposes, adult adoption is a contract between the adult person being adopted and the prospective adoptive parents.
Once the petition is filed, the court will schedule an adoption hearing. Unlike child adoption cases, there’s no need for home studies, background checks, or even a report of adoption from an adoption agency. The court hearing generally involves reviewing the consent forms and ensuring that all parties understand the legal implications of the adoption. If the judge is satisfied that the adoption is in the best interests of the persons involved, they will issue a decree of adoption. From that moment on, the adoptee becomes the legal child of the adopting parents, with all the rights and responsibilities that go along with it.
In some cases, a change of name is also part of the process. The adopted adult may choose to take on the last name of their adoptive parents, though this isn’t a legal requirement. For those looking to solidify their identity within their adoptive family, a name change can be a symbolic final step in the journey.
Legal and Financial Implications of Adult Adoption
Of course, the legal ramifications of adult adoption stretch far beyond emotional connections. One of the primary motivations for adult adoption is inheritance rights. By adopting an adult, families can ensure that their child is legally entitled to inherit just like any biological offspring.
There are other financial benefits as well. Depending on the state and the specific laws in place, adopted adults may gain access to healthcare, social security benefits, and even legal guardianship over matters like health decisions and estate management. For example, in the event of a medical emergency, the adoptive parent would have legal standing to make health-related decisions for their adopted child just as any biological parent would.
Adult adoption also impacts familial relationships in more personal ways. In cases where stepparent adoption or sibling adoption is involved, the legal process allows family members to formalize their roles, providing legal clarity in situations that might otherwise remain ambiguous.
Navigating Consent and Family Dynamics
The concept of consent is central to adult adoption. Unlike child adoption, where biological parents often play a significant role in the legal proceedings, in South Carolina, adult adoption requires consent only from the adopting petitioner, the petitioner’s spouse, and the adoptee. This can be a relief for families where biological parents are estranged or uninvolved as their approval is not necessary for the adoption to move forward.
However, this doesn’t mean that family dynamics are always a smooth transition. Adult adoption can stir emotions among biological family members, especially if the decision to pursue adoption is perceived as a rejection of the birth family. In some cases, adult adoptees may face pushback from biological parents or siblings who feel that their legal and emotional ties are being undermined. It’s a delicate balance, one that requires open communication and, in some cases, mediation.
Yet, for all the potential challenges, the emotional benefits often far outweigh the difficulties. For many adult adoptees, the process offers a sense of closure—a legal affirmation of the bonds they’ve long held dear. It’s an acknowledgment that, in matters of the heart, family isn’t defined by DNA alone.
Common Misconceptions and Myths
One of the most pervasive myths about adult adoption is that it’s solely for inheritance purposes. While it’s true that legal inheritance rights are a factor for many families, adult adoption is far more than a financial transaction. It’s about establishing legal recognition of a relationship that already exists in practice.
Another misconception is that adult adoption can be used as a workaround for immigration laws. In the United States, for instance, adult adoption does not confer automatic citizenship or green card status. The immigration process is governed by a separate set of rules, and adoption alone isn’t a backdoor route to legal residency.
Finally, some people believe that once a person reaches the age of eighteen, adoption is no longer an option. In reality, adult adoption is legal in most states and offers a wide range of benefits, both emotional and legal. Whether it’s a foster child, a stepchild, or even a long-lost sibling, adult adoption provides a legal framework for strengthening family bonds that extend well beyond childhood.
Adult Adoption as a Path to Permanence
In a world where families come in all blends and sizes, adult adoption offers a path to legal and emotional permanence that transcends the boundaries of traditional family structures. Whether it’s the culmination of a foster care journey, the formalization of a stepparent relationship, or the affirmation of a lifelong bond, adult adoption serves as a reminder that family is more than a biological fact—it’s a choice, one made with intention and love.
For those considering adult adoption, the process is both simple and profound. It’s a legal step, but more than that, it’s a way to recognize the deep connections that have always existed beneath the surface. Adult adoption may not make headlines, but for those involved, it’s a life-changing event, offering security, recognition, and the promise of a family that’s bound together not just by law but by choice.
At Thompson Dove Law Group, we’ll make sure your adult adoption is completed efficiently, legally and fairly. To adopt an adult today, please contact us at 864-573-5533.
Frequently Asked Questions (FAQs)
What are the financial implications of adult adoption?
Besides inheritance rights, adult adoptees may gain access to healthcare benefits, insurance, and other legal privileges through their adoptive parents.
Is adult adoption allowed for immigration purposes?
No, adult adoption does not confer citizenship or legal residency.
Does adult adoption require consent from biological parents?
No, biological parents do not need to consent to an adult adoption.
Can an adopted adult take their adoptive parent’s last name?
Yes, but the change of name is optional.
Facebook Feed
