Introduction:

Typically, adoption centers around the adoption of a child; however a more unconventional option–adult adoption–is a lesser-known path families can take. Adult adoption refers to the adoption of an individual who is above 18 years of age, or anyone under 18 years of age who is married or has otherwise been legally emancipated. Similar to a minor child’s adoption, there are several reasons why a family may choose to adopt an adult, and with that choice comes a significant legal process.

Reasons for adult adoption:

Often times, adults adopt other adults to create legally recognized inheritance, allow access to medical records, or confer social security benefits. Other times, adults may simply be seeking to grow their family and give another adult a support system and home. The potential adoptee and adoptive parent(s) might not have secured legal clearance as a minor child from their biological parent(s)or legal guardians and as an adult, the adoptee does not need the legal consent from their parents/guardian. Families may choose to adopt an adult with special needs, an incompetent individual, or an adult that may have trouble taking care of themselves on their own. Some states restrict adult adoption to adults with diminished capacity, but North Carolina has no such rule. In North Carolina, generally, any adult may adopt another adult, so long as they are not spouses, and the proper legal process is followed.

Legal process:

Filing a Petition: The first step in the legal adoption process is filing a Petition for Adoption with the applicable court. There are several guidelines for choosing a court to file your petition in. In North Carolina, those guidelines are laid out in N.C. Gen. Stat. § 48-2-100. The specifics for what must be contained within the petition in an adult adoption are also laid out in our state statutes.

Notice and Consent: Once the petition has been filed with the documents necessary for the case, the proper parties will be notified. Parties which must be notified of adoption proceedings include but are not limited to: parents or legal guardians of the proposed adoptee, children of the party seeking to adopt, spouses of the adoptee, spouses of the party seeking to adopt (if they are not jointly adopting), and children of the party seeking to be adopted. N.C. Gen. Stat.§ 48-2- 401. Consent to adoption is also required in an adult adoption and is required of the person seeking to be adopted. N.C. Gen. Stat. § 48-5-102.

Hearing: Next, there will be a hearing where the parties will appear before a clerk of court and in some smaller judicial districts a judge. At this hearing, the Clerk/Judge will ensure a number of items have been satisfied, such as legal service of process, standing, all required documents having been received by the court, and parties consent to and understanding of the adoption. The Court has a conversation to determine the merits or intent of the adult adoption request.

Decree of Adoption: Once the Clerk/Judge has determined all requirements have been satisfied, a decree of adoption may be entered, finalizing the adoption. N.C. Gen. Stat. §48-2-606. The adoptee obtains a new birth certificate and changes their name if they so choose, and the familial benefits will be conferred, if any apply for state and/or federal benefits from the adoptive parents in and to the adoptee and vice versa.

What happens next?:

As with a minor child adoption, the rights of the previous parents of the adopted adult are thus terminated, and the adoptive parents confer all the rights and responsibilities that come with being the legal parent. These rights differ with each case per the parties involved. Your attorney will discover those benefits and educate the family accordingly.

We’re Focused on You and Your Family

If you are considering adoption to createor grow your family, Michael & Russell, PLLC can help you every step of theway. You can trust that our attorneys and legal team are committed to servingyou and your family. Through our New Hanover County office, we are able toprovide family law services in person to all of southeastern North Carolina aswell as handle adoption matters across the state and on a national andinternational scale. If you’d like to read more about National Adoption Month, clickhere.

Please reach out to our Wilmington-basedoffice at 910-255-5722 to learn more about working with us for your Adoption orCollaborative Family Law needs. To prepare for your initial consultation,Michael & Russell recommends reading thisarticle on our website.

Citations:

https://codes.findlaw.com/nc/chapter-48-adoptions/nc-gen-st-sect-48-5-100.html

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_48/Article_2.pdf

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