Adult Adoption Law in the U.S.
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Below are brief extracts from state legislation,
plus links to the state website where the legislation can be read
in full.
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| New York | North Carolina | North Dakota |
Ohio | Oklahoma | Oregon
| Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee
| Texas | Utah | Vermont
| Virginia | Washington | West Virginia | Wisconsin
| Wyoming
IMPORTANT: CONSULT PROFESSIONAL
LEGAL ADVICE BEFORE PURSUING ANY LEGAL ACTION SUCH AS FILING ADOPTION
APPLICATIONS BASED ON THE INFORMATION PROVIDED ON THIS SITE.
Alabama (AL)
State
Code of Alabama, Title 26, Chapter 10, Section
26-10A-6
Who may be adopted:
The following persons may be adopted: (1) A minor. (2) An adult
under any one of the following conditions: a. He or she is totally and
permanently disabled. b. He or she is determined to be mentally retarded.
(Acts 1990, No. 90-554, p. 912, §6, Act 98-101, p. 118, §1.)
Alaska (AK)
Alaska
Statutes. Title
25. Marital and Domestic Relations, Chapter
23. Adoption
AS 25.23.010. Who May Be Adopted: Any person may be adopted.
AS
25.23.020. Who May Adopt.
AS 25.23.040. Persons Required to Consent to Adoption. (b) A
petition to adopt an adult may be granted only if written consent to
adoption has been executed by the adult and the adult's spouse or by
the guardian or conservator of an incapacitated adult.
AS 25.23.120. Hearing (c) If at the conclusion of the hearing
the court determines that the required consents have been obtained or
excused and that the adoption is in the best interest of the person
to be adopted, it may issue a final decree of adoption.
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Arizona (AZ)
Arizona Revised
Statutes, Title
14 - Decedent's Estates, Guardianships, Protective Proceedings and Trusts,
14-8101.
Adult adoption; agreement; consent of spouse; court procedure; petition
A. Any adult person may adopt another adult person who is a stepchild,
niece, nephew, cousin or grandchild of the adopting person, by an agreement
of adoption approved by a decree of adoption of the court in the county
in which either the person adopting or the person adopted resides. A
foster parent may adopt an adult who was placed in his care when the
adult was a juvenile if the foster parent has maintained a continuous
familial relationship with that person for five or more years.
B. The agreement of adoption shall be in writing, shall be executed
by the person adopting the person to be adopted and shall state that
the parties agree to assume toward each other the legal relation of
parent and child and to have all of the rights and to be subject to
all of the duties and responsibilities of that relation.
C. A married person who is not legally separated from his or her spouse
cannot adopt an adult person without the consent of the spouse of the
adopting person if the spouse is capable of giving the consent. A married
person who is not legally separated from his or her spouse cannot be
adopted without the consent of the spouse of the person to be adopted
if the spouse is capable of giving that consent. Neither the consent
of the natural parent or parents of the person to be adopted, of the
division nor of any other person is required.
D. The adopting person and the person to be adopted may file in the
court in the county in which either resides a petition for a decree
of adoption. The court shall assign the case to a division of the superior
court that shall fix a time and place for a hearing on the petition.
Both the person adopting and the person to be adopted shall appear at
the hearing in person. An attorney may appear on behalf of a person
who is not able to appear if the attorney has that person's written
authorization. The court may require notice of the time and place of
the hearing to be served on any other interested persons. Any interested
person may appear and object to the proposed adoption. Before the hearing,
a person designated by the court shall submit a written report concerning
information that person gathers by observation or investigation regarding
the welfare, competency and best interests of the parties and the public.
The court in its discretion may require additional investigation if
it finds that the welfare of the proposed adoptee will be served or
if additional information is necessary to make an appropriate decision
regarding the adoption.
E. At the hearing the court shall examine the parties or the attorney
of any party who is not present. If the court determines that the adoption
will be for the best interests of the parties and in the public interest,
the court shall approve the agreement of adoption and make a decree
of adoption declaring that the person adopted is the child of the adopting
person. If the court determines that the adoption is not in the best
interests of the parties and the public interest, the court shall deny
the petition for adoption.
F. The petition for adoption shall state:
1. The length and nature of the relationship between the person seeking
to adopt and the proposed adoptee.
2. The degree of kinship, if any.
3. The reason the adoption is sought, together with a statement as to
why the adoption would be in the best interests of the person seeking
to adopt, the proposed adoptee and the public.
4. The names and addresses of any living parents or adult children of
the proposed adoptee.
5. Whether the person seeking to adopt or his or her spouse has previously
adopted any other adult person and, if so, the name of the person with
the date and place of the adoption.
G. In determining whether or not the adoption of any person is in the
public interest or the best interests of the persons seeking the adoption,
the court may consider evidence without regard to the rules of evidence.
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Arkansas (AR)
Arkansas State Code -Title
9. Family Law.
9-9-203. Who may be adopted. Any individual may be adopted
California (CA)
California State
Code - FAMILY CODE - DIVISION 13. ADOPTION - PART 3. ADOPTION OF
ADULTS AND MARRIED MINORS
CHAPTER 1. GENERAL PROVISIONS .................................
9300-9307
9300. (a) An adult may be adopted by another adult, including
a stepparent, as provided in this part.
(b) A married minor may be adopted in the same manner as an adult under
this part.
9301. A married person who is not lawfully separated from the person's
spouse may not adopt an adult without the consent of the spouse, provided
that the spouse is capable of giving that consent.
9302. (a) A married person who is not lawfully separated from the person's
spouse may not be adopted without the consent of the spouse, provided
that the spouse is capable of giving that consent.
(b) The consent of the parents of the proposed adoptee, of the department,
or of any other person is not required.
9303. (a) A person may not adopt more than one unrelated adult under
this part within one year of the person's adoption of an unrelated adult,
unless the proposed adoptee is the biological sibling of a person previously
adopted pursuant to this part or unless the proposed adoptee is disabled
or physically handicapped.
(b) A person may not adopt an unrelated adult under this part within
one year of an adoption of another person under this part by the prospective
adoptive parent's spouse, unless the proposed adoptee is a biological
sibling of a person previously adopted pursuant to this part.
9304. A person adopted pursuant to this part may take the family name
of the adoptive parent.
9305. After adoption, the adoptee and the adoptive parent or parents
shall sustain towards each other the legal relationship of parent and
child and have all the rights and are subject to all the duties of that
relationship.
9306. (a) Except as provided in subdivision (b), the birth parents
of a person adopted pursuant to this part are, from the time of the
adoption, relieved of all parental duties towards, and all responsibility
for, the adopted person, and have no right over the adopted person.
(b) Where an adult is adopted by the spouse of a birth parent, the parental
rights and responsibilities of that birth parent are not affected by
the adoption.
9307. A hearing with regard to adoption under Chapter 2 (commencing
with Section 9320) or termination of a parent and child relationship
under Chapter 3 (commencing with Section 9340) may, in the discretion
of the court, be open and public.
CHAPTER 2. PROCEDURE FOR ADULT ADOPTION ....................... 9320-9328
9320. (a) An adult may adopt another adult who is younger, except the
spouse of the prospective adoptive parent, by an adoption agreement
approved by the court, as provided in this chapter.
(b) The adoption agreement shall be in writing, executed by the prospective
adoptive parent and the proposed adoptee, and shall state that the parties
agree to assume toward each other the legal relationship of parent and
child and to have all of the rights and be subject to all of the duties
and responsibilities of that relationship.
9321. (a) The prospective adoptive parent and the proposed adoptee
may file in the county in which either person resides a petition for
approval of the adoption agreement.
(b) The petition for approval of the adoption agreement shall state
all of the following:
(1) The length and nature of the relationship between the prospective
adoptive parent and the proposed adoptee.
(2) The degree of kinship, if any.
(3) The reason the adoption is sought.
(4) A statement as to why the adoption would be in the best interest
of the prospective adoptive parent, the proposed adoptee, and the public.
(5) The names and addresses of any living birth parents or adult children
of the proposed adoptee.
(6) Whether the prospective adoptive parent or the prospective adoptive
parent's spouse has previously adopted any other adult and, if so, the
name of the adult, together with the date and place of the adoption.
9322. When the petition for approval of the adoption agreement is filed,
the court clerk shall set the matter for hearing.
9323. The court may require notice of the time and place of the hearing
to be served on any other interested person and any interested person
may appear and object to the proposed adoption.
9324. Both the prospective adoptive parent and the proposed adoptee
shall appear at the hearing in person, unless an appearance is impossible,
in which event an appearance may be made for either or both of the persons
by counsel, empowered in writing to make the appearance.
9325. No investigation or report to the court by any public officer
or agency is required, but the court may require the county probation
officer or the department to investigate the circumstances of the proposed
adoption and report thereon, with recommendations, to the court before
the hearing.
9326. The prospective adoptive parent shall mail or personally serve
notice of the hearing and a copy of the petition to the director of
the regional center for the developmentally disabled, established pursuant
to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare
and Institutions Code, and to any living birth parents or adult children
of the proposed adoptee, at least 30 days before the day of the hearing
on an adoption petition in any case in which both of the following conditions
exist:
(a) The proposed adoptee is an adult with developmental disabilities.
(b) The prospective adoptive parent is a provider of board and care,
treatment, habilitation, or other services to persons with developmental
disabilities or is a spouse or employee of a provider.
9327. If the prospective adoptive parent is a provider of board and
care, treatment, habilitation, or other services to persons with developmental
disabilities, or is a spouse or employee of a provider, and seeks to
adopt an unrelated adult with developmental disabilities, the regional
center for the developmentally disabled notified pursuant to Section
9326 shall file a written report with the court regarding the suitability
of the proposed adoption in meeting the needs of the proposed adoptee
and regarding any known previous adoption by the prospective adoptive
parent.
9328. (a) At the hearing the court shall examine the parties, or the
counsel of any party not present in person.
(b) If the court is satisfied that the adoption will be in the best
interests of the persons seeking the adoption and in the public interest
and that there is no reason why the petition should not be granted,
the court shall approve the adoption agreement and make an order of
adoption declaring that the person adopted is the child of the adoptive
parent. Otherwise, the court shall withhold approval of the agreement
and deny the petition.
(c) In determining whether or not the adoption of any person pursuant
to this part is in the best interests of the persons seeking the adoption
or the public interest, the court may consider evidence, oral or written,
whether or not it is in conformity with the Evidence Code.
CHAPTER 3. PROCEDURE FOR TERMINATING ADULT ADOPTION ..............
9340
9340. (a) Any person who has been adopted under this part may, upon
written notice to the adoptive parent, file a petition to terminate
the relationship of parent and child. The petition shall state the name
and address of the petitioner, the name and address of the adoptive
parent, the date and place of the adoption, and the circumstances upon
which the petition is based.
(b) If the adoptive parent consents in writing to the termination, an
order terminating the relationship of parent and child may be issued
by the court without further notice.
(c) If the adoptive parent does not consent in writing to the termination,
a written response shall be filed within 30 days of the date of mailing
of the notice, and the matter shall be set for hearing. The court may
require an investigation by the county probation officer or the department.
Colorado (CO)
Connecticut (CT)
Delaware (DE)
Florida (FL)
TITLE
VI CIVIL PRACTICE AND PROCEDURE
Chapter
63 ADOPTION
63.042 Who may be adopted; who may adopt.--
(1) Any person, a minor or an adult, may be adopted.
(2) The following persons may adopt:
(a) A husband and wife jointly;
(b) An unmarried adult; or
(c) A married person without the other spouse joining as a petitioner,
if the person to be adopted is not his or her spouse, and if 1.
The other spouse is a parent of the person to be adopted and consents
to the adoption; or 2. The failure of the other spouse to join in
the petition or to consent to the adoption is excused by the court
for good cause shown or in the best interest of the child.
63.062 Persons required to consent to adoption; affidavit of nonpaternity;
waiver of venue.--
(8) A petition to adopt an adult may be granted if:
(a) Written consent to adoption has been executed by the adult and
the adult's spouse, if any.
(b) Written notice of the final hearing on the adoption has been
provided to the parents, if any, or proof of service of process has
been filed, showing notice has been served on the parents as provided
in this chapter.
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Georgia (GA)
Hawaii (HI)
Idaho (ID)
Illinois (IL)
Illinois Compiled Statutes, Chapter 750, Act
50 "Adoption Act"
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the context otherwise
requires:
F. A person is available for adoption when the person is:
... (d) an adult who meets the conditions set forth in Section 3
of this Act; ...
(750 ILCS 50/2) (from Ch. 40, par. 1502)
Sec. 2. Who may adopt a child.
A. Any of the following persons, who is under no legal disability
(except the minority specified in sub-paragraph (b) and who has
resided in the State of Illinois continuously for a period of at
least 6 months immediately preceding the commencement of an adoption
proceeding, or any member of the armed forces of the United States
who has been domiciled in the State of Illinois for 90 days, may
institute such proceeding:.....
B. The residence requirement specified in paragraph A of this
Section shall not apply to an adoption of a related child
or to an adoption of a child placed by an agency.
(750 ILCS 50/3) (from Ch. 40, par. 1504)
Sec. 3. Who may be adopted.
A male or female child, or an adult, may be adopted, provided
the other conditions set forth in this Act are met, and further
provided, with respect to an adult, that such adult has resided
in the home of the persons intending to adopt him at any time for
more than 2 years continuously preceding the commencement of an
adoption proceeding, or in the alternative that such persons are
related to him within a degree set forth in the definition of a
related child in Section 1 of this Act.
(750 ILCS 50/5) (from Ch. 40, par. 1507)
Sec. 5. Petition, contents, verification, filing.
A. ... A petition to adopt an adult or a related child may be filed
at any time. ...
C. A petition to adopt a related child shall include the information
specified in sub-paragraphs (a), (b), (d), (e), (f), (i) and (k)
of paragraph B and a petition to adopt an adult shall contain the
information required by sub-paragraphs (a), (b) and (i) of paragraph
B in addition to the name, place, date of birth and sex of such
adult.
Indiana (IN)
Iowa (IA)
Kansas (KS)
Kentucky (KY)
Louisiana (LA)
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Maine (ME)
Maryland (MD)
Massachusetts (MA)
Michigan (MI)
Minnesota (MN)
Mississippi (MS)
Missouri (MO)
Montana (MT)
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Nebraska (NE)
Nevada (NV)
Nevada
Revised Statutes, CHAPTER 127 - ADOPTION OF CHILDREN AND ADULTS
ADOPTION
OF ADULTS
NRS 127.190 Adoption of adults: Ages; agreement of adoption.
1. Notwithstanding any other provision of law, any adult person
may adopt any other adult person younger than himself, except the
spouse of the adopting person, by an agreement of adoption approved
by a decree of adoption of the district court in the county in which
either the person adopting or the person adopted resides.
2. The agreement of adoption shall be in writing and shall be executed
by the person adopting and the person to be adopted, and shall set
forth that the parties agree to assume toward each other the legal
relation of parent and child, and to have all of the rights and be
subject to all of the duties and responsibilities of that relation.
(Added to NRS by 1959, 606)
NRS 127.200 Adoption of adults: Consent required.
1. A married person not lawfully separated from his spouse may not
adopt an adult person without the consent of the spouse of the adopting
person, if such spouse is capable of giving such consent.
2. A married person not lawfully separated from his spouse may not
be adopted without the consent of the spouse of the person to be adopted,
if such spouse is capable of giving such consent.
3. Neither the consent of the natural parent or parents of the person
to be adopted, nor of the Division, nor of any other person is required.
(Added to NRS by 1959, 606; A 1963, 891; 1967, 1148; 1973, 1406;
1993, 2684)
NRS 127.210 Petition for approval of agreement of adoption; notice,
investigation and hearing; decree of adoption.
1. The adopting person and the person to be adopted may file in
the district court in the county in which either resides a petition
praying for approval of the agreement of adoption by the issuance
of a decree of adoption.
2. The court shall fix a time and place for hearing on the petition,
and both the person adopting and the person to be adopted shall appear
at the hearing in person, but if such appearance is impossible or
impractical, appearance may be made for either or both of such persons
by counsel empowered in writing to make such appearance.
3. The court may require notice of the time and place of the hearing
to be served on other interested persons, and any such interested
person may appear and object to the proposed adoption.
4. No investigation or report to the court by any public officer
is required, but the court may require the Division to investigate
the circumstances and report thereon, with recommendations, to the
court before the hearing.
5. At the hearing the court shall examine the parties, or the counsel
of any party not present in person. If the court is satisfied that
the adoption will be for the best interests of the parties and in
the public interest, and that there is no reason why the petition
should not be granted, the court shall approve the agreement of adoption,
and enter a decree of adoption declaring that the person adopted is
the child of the person adopting him. Otherwise, the court shall withhold
approval of the agreement and deny the prayer of the petition.
(Added to NRS by 1959, 606; A 1963, 892; 1967, 1148; 1973, 1406;
1993, 2684)
New Hampshire (NH)
New Jersey (NJ)
New Mexico (NM)
New York (NY)
New York Consolidated Laws - Chapter
14 Domestic Relations
ARTICLE 7 ADOPTION - TITLE
1 ADOPTIONS GENERALLY
S 110. Who may adopt; effect of article. An adult unmarried
person or
an adult husband and his adult wife together may adopt another person.
S 111. Whose consent required.1. Subject to the limitations
herein-after set forth consent to adoption shall be required as follows:
(a) Of the adoptive child, if over fourteen years of age, unless thejudge
or surrogate in his discretion dispenses with such consent;
4. Where the adoptive child is over the age of eighteen years the consents
specified in paragraphs (b), (c) and (d) of subdivision one of this
section shall not be required, and the judge or surrogate in his discretion
may direct that the consent specified in paragraph (f) of subdivision
one of this section shall not be required if in his opinion the best
interests of the adoptive child will be promoted by the adoption and
such consent cannot for any reason be obtained.,
5. An adoptive child who has once been lawfully adopted may be readopted
directly from such child`s adoptive parents in the same manner as from
its natural parents. In such case the consent of such natural parents
shall not be required but the judge or surrogate in his discretion may
require that notice be given to the natural parents in such manner as
he may prescribe.
See also "Title
3" - Private Placement Adoption, for details on adoption
applications.
North Carolina (NC)
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North Dakota (ND)
Ohio (OH)
Ohio
Revised Code, CHAPTER
3107: ADOPTION:
§ 3107.02 Who may be adopted; physical examination.
(B) An adult may be adopted under any of the following conditions:
(1) If the adult is totally and permanently disabled;
(2) If the adult is determined to be a mentally retarded person as defined
in section 5123.01 of the Revised Code;
(3) If the adult had established a child-foster caregiver or child-stepparent
relationship with the petitioners as a minor, and the adult consents
to the adoption.
Oklahoma (OK)
Oregon (OR)
Oregon
Revised Statutes - 11. DOMESTIC RELATIONS 109.304-109.410
ADOPTION
109.309 Petition for leave to adopt and for change
of name; residency requirement; where filed; venue; notice; placement
report; fee.
(3) The petition to adopt a person 18 years of age or older may be filed
in the county where the petitioner, the person to be adopted or the
person who consents to the adoption resides.
109.329 Consent when person to be adopted has reached
age of majority. If the person to be adopted is legally married
or is 18 years of age or older, the written consent of the person to
be adopted may be held by the court to be sufficient without the necessity
for the consent of any other person to the adoption. [1957 c.710 §10
(109.312 to 109.329 enacted in lieu of 109.320); 1973 c.827 §13]
Pennsylvania (PA)
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Rhode Island (RI)
South Carolina (SC)
South Dakota (SD)
Tennessee (TN)
Texas (TX)
The
Texas Statutes, "Title
5. The Parent-Child Relationship and the Suit Affecting the Parent-Child
Relationship," Chapter
162. Adoption, Section
162.501. "Adoption of Adult"
SUBCHAPTER F. ADOPTION OF AN ADULT
§ 162.501. Adoption of Adult
The court may grant the petition of an adult residing in this state
to adopt another adult according to this subchapter.
§ 162.502. Jurisdiction
The petitioner shall file a suit to adopt an adult in the district
court or a statutory county court granted jurisdiction in family law
cases and proceedings by Chapter 25, Government Code, in the county
of the petitioner's residence.
§ 162.503. Requirements of Petition
(a) A petition to adopt an adult shall be entitled "In the
Interest of __________, An Adult."
(b) If the petitioner is married, both spouses must join in the petition
for adoption.
§ 162.504. Consent
A court may not grant an adoption unless the adult consents in writing
to be adopted by the petitioner.
§ 162.505. Attendance Required
The petitioner and the adult to be adopted must attend the hearing.
For good cause shown, the court may waive this requirement, by written
order, if the petitioner or adult to be adopted is unable to attend.
§ 162.506. Adoption Order
The court shall grant the adoption if the court finds that the requirements
for adoption of an adult are met.
§ 162.507. Effect of Adoption
(a) The adopted adult is the son or daughter of the adoptive parents
for all purposes.
(b) The adopted adult is entitled to inherit from and through the adopted
adult's adoptive parents as though the adopted adult were the biological
child of the adoptive parents.
(c) The adopted adult retains the right to inherit from the adult's
biological parents. However, a biological parent may not inherit from
or through an adopted adult.
Utah (UT)
Title 78
-- Chapter 30 -- Adoption
78-30-1. Who may adopt -- Adoption of minor -- Adoption of adult.
(1) Any minor child may be adopted by an adult person, in accordance
with the provisions and requirements of this section and this chapter.
(2) Any adult may be adopted by another adult. However, all provisions
of this chapter apply to the adoption of an adult just as though the
person being adopted were a minor, except that consent of the parents
of an adult person being adopted is not required.
78-30-2. Relative ages.
A person adopting a child must be at least ten years older than the
child adopted, unless the petitioners for adoption are a married couple,
one of which is at least ten years older than the child.
Vermont (VT)
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Virginia (VA)
Washington (WA)
The Revised Code of
Washington State Chapter
26.33 RCW Adoption
RCW 26.33.140 Who may adopt or be adopted.
(1) Any person may be adopted, regardless of his or her age or residence.
(2) Any person who is legally competent and who is eighteen years of
age or older may be an adoptive parent.
RCW 26.33.160 Consent to adoption -- When revocable -- Procedure.
(1) Except as otherwise provided in RCW 26.33.170, consent to an
adoption shall be required of the following if applicable:
(a) The adoptee, if fourteen years of age or older; ....
(2) Except as otherwise provided in subsection (4)(h) of this section,
consent to adoption is revocable by the consenting party at any time
before the consent is approved by the court. The revocation may be made
in either of the following ways:
West Virginia (WV)
Wisconsin (WI)
Wyoming (WY)
District of Columbia
Puerto Rico
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