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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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Alabama | Alaska
| Arizona | Arkansas | California
| Colorado | Connecticut
| Delaware | Florida | Georgia
| Hawaii | Idaho | Illinois | Indiana | Iowa
| Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan
| Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada
| New Hampshire | New Jersey | New Mexico |
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)
Colorado Revised Statutes
Title 19 Children's Code
ARTICLE 5 RELINQUISHMENT
AND ADOPTION
PART 2 ADOPTION
19-5-201. Who may be adopted.
Any child under eighteen years of age present in the state at the
time the petition for adoption is filed and legally available for adoption
as provided in section 19-5-203 may be adopted. Upon approval of
the court, a person eighteen years of age or older and under twenty-one
years of age may be adopted as a child, and all provisions of this
part 2 referring to the adoption of a child shall apply to such a person.
Source: L. 87: Entire title R&RE, p. 805, § 1, effective
October 1.
19-5-211. Legal effects of final decree.
(1) After the entry of a final decree of adoption, the person adopted
shall be, to all intents and purposes, the child of the petitioner.
He shall be entitled to all the rights and privileges and be subject
to all the obligations of a child born in lawful wedlock to the petitioner.
NOTE: THE FOLLOWING STATUTE GOVERNING ADULT
ADOPTION ONLY PERTAINS TO AN ADULT ENTERING INTO AN AGREEMENT
WITH ANOTHER ADULT STRICTLY FOR INHERITANCE PURPOSES. IT
DOES NOT AFFECT THE FILIATION NOR THE PARENTAL RIGHTS OF THE LEGAL
PARENTS PRIOR TO THE ADULT ADOPTION. IT DOES NOT SERVE TO ANNUL
A PRIOR ADOPTION. SEE ANNOTATIONS FOLLOWING.
Colorado
Revised Statutes
Title 14: Domestic Matters
ADOPTION - ADULTS
Art. 1. Adoption of Adults, 14-1-101.
(1) Any person desiring to adopt an adult as heir at law shall
file his petition therefor in the juvenile court of the county
of his residence or the county of the residence of the person
sought to be adopted, and thereupon summons shall issue the
same as provided in the Colorado rules of civil procedure and
be served on the person sought to be adopted. Such person shall
file in the court a written answer to the petition within the
time required by the summons and shall either consent to such
adoption or deny or disclaim all desire to be adopted by such
person.
(2) Upon the filing, by the person sought to be adopted, of
a disclaimer of all desire to become the heir at law of the
petitioner, the petition shall be dismissed by the court, but
upon the filing of a consent to such adoption, whether by the
person sought to be adopted or by a legally qualified conservator
or other representative if such person is non compos mentis
at the time, the prayer of the petition shall be granted, and
a decree of adoption shall be rendered and entered by the court
declaring such person the heir at law of the petitioner and
entitled to inherit from the petitioner any property in all
respects as if such adopted person had been the petitioner's
child born in lawful wedlock, and such decree may or may not
change the name of such adopted person, as the court rendering
the decree may deem advisable; and such decree or a certified
copy thereof may be used as primary evidence in any court establishing
the status of the person so adopted.
(3) Any action for adoption pursuant to this section shall
follow the same procedure insofar as practicable as provided
in part 2 of article 5 of title 19, C.R.S., concerning the adoption
of children.
Source: L. 67: p. 1055, § 1. C.R.S. 1963: § 4-2-1.
L. 87: (3) amended, p. 815, § 14, effective October 1.
ANNOTATIONS:
- The primary purpose of this section is expressed in the first
sentence: "Any person desiring to adopt a person over 21
years of age as heir-at-law ....". Martin v. Cuellar, 131
Colo. 117, 279 P.2d 843 (1955).
- The name of the person adopted under this section need not
be changed. Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).
- No obligation whatsoever is placed upon the person adopted
with respect to the adoptive parent, and he is granted no rights
whatever, other than the acquisition of an heir-at-law, who
may or may not even bear his name. Martin v. Cuellar, 131 Colo.
117, 279 P.2d 843 (1955).
- This section is merely a means of giving effect to a personal
transaction mutually agreeable between two adults. Martin v.
Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).
- No rights of the natural parents of the person adopted are
taken from them, or even mentioned, where the purpose of the
adoption is to acquire an adult "heir-at-law". Martin
v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).
- Certainly the rights of the natural parents of such person
so adopted may not be lost in a proceeding of which they receive
no notice, and there is no requirement of service of notice
upon them. Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).
- The effect of an adult adoption and a child adoption are different.
A person adopts an adult to make such person his or her intestate
heir. Matter of Trust created by Belgard, 829 P.2d 457 (Colo.
App. 1991).
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Connecticut (CT)
CHAPTER
803* TERMINATION OF PARENTAL RIGHTS AND ADOPTION
Sec. 45a-734. (Formerly Sec. 45-67). Adoption
of adults. Inheritance. (a) Any person eighteen years of
age or older may, by written agreement with another person at least
eighteen years of age but younger than himself or herself, unless
the other person is his or her wife, husband, brother, sister, uncle
or aunt of the whole or half-blood, adopt the other person as his
or her child, provided the written agreement shall be approved by
the court of probate for the district in which the adopting parent
resides or, if the adopting parent is not an inhabitant of this state,
for the district in which the adopted person resides.
(b) The Court of Probate may, upon presentation of the agreement
of adoption for approval, cause public notice to be given of the time
and place of hearing on the agreement. If at the hearing the court
finds that it will be for the welfare of the adopted person and for
the public interest that the agreement be approved, it may pass an
order of approval of it and cause the agreement and the order to be
recorded. Thereupon the adopted person shall become the legal child
of the adopting person, and the adopting person shall become the legal
parent of the adopted person, and the provisions of section 45a-731
shall apply.
(c) A married person shall not adopt a person under the provisions
of this section unless both husband and wife join in the adoption
agreement, except that the Court of Probate may approve an adoption
agreement by either of them upon finding that there is sufficient
reason why the other should not join in the agreement.
(d) When one of the biological parents of an adult has died and
the surviving parent remarries, the person with whom the remarriage
is celebrated may become an adopting parent without the biological
parent's joining in the adoption except to consent in writing. Upon
the approval of the court, the adopted person shall be in law the
child of both.
(1949 Rev., S. 6871; 1961, P.A. 77; 1963, P.A. 460; P.A. 73-156,
S. 16; P.A. 80-476, S. 154; P.A. 96-130, S. 20.)
History: 1961 act substituted "may" for "shall"
in provision re court's power to cause public notice to be given
of hearing time and place; 1963 act rephrased provision requiring
adoption by both husband and wife, adding exception; P.A. 73-156
applied provisions to persons "at least eighteen years of age"
rather than to persons "of full age", specified that adopted
person has rights detailed in Secs. 45-64a and 45-69b, deleting
reference to reciprocal rights and duties of natural parent and
child and detailed provisions re inheritance; P.A. 80-476 divided
section into Subsecs., rephrased provisions and deleted reference
to Sec. 45-69b; Sec. 45-67 transferred to Sec. 45a-734 in 1991;
P.A. 96-130 made technical changes, including changing "natural"
to "biological" and "solemnized" to "celebrated"
in Subsec. (d).
Annotation to former section 45-67:
Written agreement may be supplemented by oral agreement as
to property settlement. 96 C. 478.
Sec. 45a-735. (Formerly Sec. 45-68). Husband
or wife of adopted adult to consent. An agreement of adoption
between persons of the age of majority shall not be approved without
the written consent of the husband or wife, if any, of the adopted person.
(1949 Rev., S. 6872; P.A. 80-476, S. 155.)
History: P.A. 80-476 rephrased section but made no substantive
change; Sec. 45-68 transferred to Sec. 45a-735 in 1991.
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)
Title 19,
Chapter 8, Section 21 (19-8-21)
(a) Adult persons may be adopted on giving written consent to
the adoption. In such cases, adoption shall be by a petition duly
verified and filed, together with two conformed copies, in the superior
court in the county in which either any petitioner or the adult
to be adopted resides, setting forth the name, age, and residence
of each petitioner and of the adult to be adopted, the name by which
the adult is to be known, and his written consent to the adoption.
The court may assign the petition for hearing at any time. After
examining each petitioner and the adult sought to be adopted, the
court, if satisfied that there is no reason why the adoption should
not be granted, shall enter a decree of adoption and, if requested,
shall change the name of the adopted adult. Thereafter, the relation
between each petitioner and the adopted adult shall be, as to their
legal rights and liabilities, the relation of parent and child.
(b) Code Section 19-8-19, relating to the effect of a decree of
adoption, and Code Section 19-8-20, relating to notice of adoption,
shall also apply to the adoption of adults.
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)
TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
2A:22-1.
Action in Superior Court
2A:22-1. Action in Superior Court
2A:22-1. The Superior Court shall allow an unmarried person of full
age, a husband with his wife's consent, a wife with her husband's
consent or a husband and wife jointly to adopt an adult person and
may change the name of the adult, if the court is satisfied that the
adopting parent or parents are of good moral character and of reputable
standing in their community, and that the adoption will be to the
advantage and benefit of the person to be adopted.
L.1951 (1st SS), c.344; amended 1991,c.91,s.78.
2A:22-2. Age of plaintiff; request by adoptee; waiver of requirements
Such adoption shall not be granted, unless the adopting parent or
parents are at least 10 years older than the person to be adopted
and the latter has, in writing acknowledged by him as deeds are required
to be acknowledged, requested the adoption and, if desired, the change
of name. The court, upon being satisfied that the best interests of
the person to be adopted would be promoted by granting the adoption,
may waive any and all of the above requirements. Every such waiver
shall be recited in any judgment of adoption thereafter entered.
L.1951 (1st SS), c.344; amended by L.1977, c. 212, s. 1, eff. Sept.
7, 1977.
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
the judge 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)
North
Carolina General Statutes, Chapter 48 Adoptio, Articles 5 and 6
Article
5. Adoption of Adults
This Article shall apply to the adoption of adults, including married
and emancipated minors.
§ 48-5-101. Who may file for a petition to adopt an adult.
(a) An adult may adopt another adult, except for the spouse of the
adopting adult, pursuant to this Article.
(b) If a prospective adoptive parent is married, both spouses must
join in the petition unless the prospective adoptive parent is the
adoptee's stepparent or unless the court waives this requirement for
cause.
§ 48-5-102. Consent to adoption.
(a) Consent to the adoption of an adult is required only of:
(1) The adult being adopted;
and
(2) The spouse of the petitioner
in an adoption by the adult's stepparent, unless the court
waives this requirement
for cause.
(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 nonvested inheritance rights which
existed
prior to the adoption and
the acquisition of new inheritance rights.
(c) The consent of the spouse of the petitioner in a stepparent adoption:
(1) Must be in writing and
be signed and acknowledged before an individual authorized to administer
oaths or take acknowledgments;
and
(2) Must state that the
spouse:
a.
Consents to the proposed adoption;
b.
Understands that the adoption may diminish the amount the spouse might
take
from
the petitioner through intestate succession or by dissenting to the
petitioner's will
and
may also diminish the amount of other entitlements that may become
due the spouse
and
any other children of the petitioner through the petitioner; and
c.
Believes the adoption will be in the best interest of the adult being
adopted and
the
prospective adoptive parent.
(d) Anyone who gives a consent under this Article may revoke the consent
at any time before the entry of the decree of adoption by delivering
a written notice of revocation to the individual to whom the consent
was given. If a petition to adopt has been filed, the notice of revocation
shall also be filed with the clerk of court in the county where the
petition is pending.
§
48-6-101.
Article 6. Adoption by a Former Parent.
This Article shall apply to the adoption of adoptees by a former
parent.
§ 48-6-101. Readoption under other Articles.
A former parent may readopt a minor adoptee pursuant to Article 3
of this Chapter or, if applicable, Article 4 of this Chapter. A former
parent may readopt an adult adoptee pursuant to Article 5 of this
Chapter.
Additional information about the laws’ application and procedure,
and links to required forms are found at:
North Carolina DHHS Service Manuals,
1201-VII-G Permanency for Adolescents (#4 through #11)
http://info.dhhs.state.nc.us/olm/manuals/dss/csm-10/man/CSs1201c7-08.htm#P812_7
All forms can be found at this section of NC Division of Social
Services (updated link):
http://info.dhhs.state.nc.us/olm/forms/forms.aspx?dc=dss
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North Dakota (ND)
CHAPTER 14-15 REVISED
UNIFORM ADOPTION ACT
14-15-02. Who may be adopted.
Any individual may be adopted
14-15-05. Persons required to consent to adoption.
2. 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.
14-15-06. Individuals as to whom consent not required - Notice
of hearing.
1. Consent to adoption is not required of:
g. Any parent of the individual to be adopted, if the individual
is an adult.
14-15-11. Notice of petition - Investigation and hearing.
5. An investigation and report is not required in cases in which
a stepparent is the petitioner or the individual to be adopted is
an adult.
7. After the filing of a petition to adopt an adult, the court by
order shall direct that a copy of the petition and a notice of the
time and place of the hearing be given to any individual whose consent
to the adoption is required but who has not consented and to each
living parent of the adult to be adopted. The court may order an
appropriate investigation to assist it in determining whether the
adoption is in the best interest of the individuals involved.
8. Notice must be given in the manner appropriate under the North
Dakota Rules of Civil Procedure for the service of process in a
civil action in this state or in any manner the court by order directs.
Proof of the giving of the notice must be filed with the court before
the petition is heard.
14-15-16. Hearings and records in adoption proceedings - Confidential
nature -
Disclosure of identifying and nonidentifying information - Retroactive
operation.
3. All hearings held in actions under this chapter must be held
in closed court without admittance of any individual other than
essential officers of the court, the parties, their witnesses, counsel,
individuals who have not previously consented to the adoption but
are required to consent, the parents of an adult to be adopted,
and representatives of the agencies present to perform their official
duties. Upon a showing of good cause by the petitioner, the court
may prohibit the parents of an adult to be adopted from attending
the adoption hearings and proceedings. A parent of an adult to be
adopted who is prohibited by the court from attending the proceedings
may submit
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)
A. Chapter 75 "Oklahoma Adoption Code".
Article
7. Adult Adoptions.
§10-7501-1.1.
An adult person may be adopted by any other adult person, with the
consent of the person to be adopted or his guardian, if the court
shall approve, and with the consent of the spouse, if any, of an adoptive
parent, filed in writing with the court. The provisions of Sections
9 through 36 of this act shall not apply to the adoption of a competent
adult person. A petition therefor shall be filed with the district
court in the county where the adoptive parents reside. After a hearing
on the petition and after such investigation as the court deems advisable,
if the court finds that it is to the best interests of the people
involved, a decree of adoption may be entered which shall have the
legal consequences stated in Section 37 of this act.
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)
Pennsylvania State Code - TITLE 23 DOMESTIC RELATIONS
Chapter
23 - Jurisdiction and Parties
Subchapter B. Parties
2311 - Who may be adopted.
Any individual may be adopted, regardless of his age or residence
2312. Who may adopt.
Any individual may become an adopting parent.
Chapter
27 - Petition for Adoption
2713 - When other consents not required.
§ 2713. When other consents not required. The court, in its
discretion, may dispense with consents other than that of the adoptee
to a petition for adoption when:
(1) the adoptee is over 18 years of age; or
(2) the adoptee is under 18 years of age and has no parent living
whose consent is required.
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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