Adoption of an adult – Not every adoption involves a minor child. Many people wonder if it’s possible to adopt an adult. The answer to this is yes. The adoption of a minor child and/or adult are considered family law matters. In this blog we will be assisting in explaining the requirements and the process to adopt someone over the age of 18 in North Carolina.
Like all of our blogs, this is intended for informational purposes only and not intended as a substitute for the advice and counsel of a family law attorney.
Who can adopt an adult?
Any adult in the state of North Carolina can adopt an adult except for the spouse of the adopted adult. If the prospective adoptive parent is married, then both spouses must join in the petition. There are exceptions to this. The court can waive the requirement of both spouses and/or if the adoptive parent is the adoptee’s stepparent then both spouses are not required.
Consent to the Adoption
For the prospective parents, there isn’t much needed regarding consent. They must have the consent of the adult adoptee and the consent of the spouse in married cases.
There are different items needed for the adult adoptee in order to properly give consent for adoption.
North Carolina § 48-5-102 states:
(b) The consent of the adult being adopted must:
(1) Be in writing and be signed and acknowledged before an individual authorized to administer oaths or take acknowledgments;
(2) State that the adult agrees to assume toward the adoptive parent the legal relation of parent and child and to have all of the rights and be subject to all of the duties of that relationship; and
(3) State that the adult understands the consequences the adoption may have for rights of inheritance, property, or support, including the loss of non-vested inheritance rights which existed prior to the adoption and the acquisition of new inheritance rights
It’s also necessary to understand that consent can be revoked by any party at anytime before the entry of the decree of adoption. In order to do this, the party must deliver a written notice of revocation to the individual to whom the consent was given.
Benefits to Adult Adoption
Having a strong parent-child relationship with a person is great in many ways but creating legal parent-child bond has a lot of legal advantages. Some of these include access to medical records, social security benefits, inheritance rights, and the ability to change a name.
The adult adoption process is typically straightforward but can seem overwhelming to some. If you or someone you know is in need of assistance with adopting an adult in North Carolina, please contact us.