While many people are familiar with the process of adopting a child, they may not be aware that in New York State, you can also adopt an adult. Not to be confused with a guardianship — which is temporary — adult adoption creates a permanent legal relationship between the adoptive parent and the adult adoptee. It also gives the adoptee the same rights that a biological child would have under the law. While there are fewer legal parameters than those involved with traditional adoption, the process can still be complex.

What is an Adult Adoption?

Adult adoption refers to the process of adopting a person over the age of 18. As with traditional adoptions involving children, adult adoption creates a legal parent-child relationship. It severs any legal relationship with the adoptee’s biological parents and a new birth certificate will be issued with the names of the adoptive parents. An adult adoptee also has the option to change their last name to that of their adoptive parents.

What are the Benefits of Adult Adoption?

The most common reason for adult adoptions is to formalize an emotional bond that already exists between two people in a parent-child relationship. If this bond was never legally established when the adoptee was a child, they may wish to do so as an adult. For instance, a stepparent may wish to adopt an adult stepchild after raising them as their own through the years. There can also be legal or estate planning reasons to adopt an adult.

Adult adoption has many benefits, including the following:

• Inheritance rights — An adopted adult would have the same inheritance rights as a biological child. Not only would an adult who was adopted have rights under intestate law in the event that there was no will in place, but also provides more legal protections in cases where there is a will if it is contested.
• Providing care for a person with a disability —Adopting an adult with diminished capacity can help ensure they receive the care they need. The adoptive parent may be able to add the adopted adult to their health insurance and make healthcare decisions on their behalf.
• Formally recognizing a family relationship — Adopt adoption can formalize a family relationship with a foster child or stepchild who the adoptive parent raised.

In addition, adult adoption can also re-establish an adoptee’s relationship with their biological parents if they seek them out later in life and are reunited as adults. This would make the adoptee the legal child of their birth parents again — with all the legal rights and responsibilities that come with adoption.

What is the Process for Adult Adoption?

The adoption process in New York is different from the process for adopting a minor. For example, there is no requirement for a home study when adopting an adult — and consent from the adoptee’s legal parents is not needed. However, the same legal procedures generally apply.

The basic steps in the adult adoption process are as follows:

• Satisfy the residency requirement — The adopting parent must reside in New York for a period of at least three months prior to the adoption.
• File the petition — To adopt an adult in New York, a person must begin the process by filing a petition with the Family Court or Surrogate’s Court. Where the petition is filed depends upon the specific county.
• Obtain consent — The consent of both the adoptee and adopting parent are necessary. If the adopting parent is married, consent must also be obtained from their spouse. Notice to the biological parents is typically not required.
• Get approval from the court — A hearing may be held at which the judge will review the petition. They will approve the adoption by signing a court order of adoption if all legal conditions are met.
• Receive a new birth certificate — The adult adoptee will be issued a new birth certificate listing the names of the adoptive parents.

After the adoption has been finalized, the adult adoptee may choose to change their last name. In such cases, they will have to take additional steps to update their legal records, including with the Social Security Administration.

Contact an Experienced New York Adoption Attorney

Adult adoption is often complicated and it can be difficult to know what documents must be prepared. It’s best to have a knowledgeable adoption attorney by your side who can help you navigate the legal process. At Duke Law Firm, P.C., we offer trusted representation for adult adoptions — and are committed to providing personalized time and attention in every case. To learn how we can assist you with your adoption matter, contact us today to schedule a consultation.