There are several reasons why an adult adoption may be undertaken. The most common reason is to formally and legally recognize an existing parent/child relationship. Among the benefits of a formal adoption is the ability of the adopted person to inherit from the adoptive parent. An adult adoption also may be used to provide protection for a person of diminished capacity or abilities. Once adopted as a legal family member, such an individual may then be assured lifetime care under family insurance or through inheritance. Finally, a stepparent/ stepchild relationship can be formalized through an adult adoption.
Ohio law allows adults who are totally and permanently disabled or intellectually disabled to be adopted. In addition, Ohio law permits adult adoption for any adult who has established a relationship with adoptive parents through a child/foster caregiver or child/stepparent relationship as a minor, assuming the adult child consents to the adoption.
A law that took effect in 2011 also allows an adult child to be adopted by the spouse of his or her parent, as long as the adoptee consents. Ohio law previously did not allow an adult child to be adopted unless he/she had established a parent/child relationship while still a minor. This law applies in situations where someone remarries, and the new spouse has an adult child who wishes to become bound to the new family.
ADULT ADOPTION PROCEDURE
In order to adopt an adult, the prospective adoptive parent must prepare, sign and file a petition with the probate court. The court will then set a date for a final hearing where it will make a determination about whether the adoption serves the best interests of the adoptee. Assuming the court approves the adoption, the court will order a new birth certificate for the adoptee.
Unlike the procedure used for the adoption of a minor child, the court generally will not require a home study in the case of an adult adoption and no waiting period is required before an adult adoption can be finalized.
Before granting an adult adoption in Ohio, the court must determine whether a child/foster parent relationship existed while the person to be adopted was still a minor, unless the adult child is to be adopted by a stepparent. To make such a determination, the court will look at the type of nurturing that was provided to the child, including the provision of emotional and financial support, food, shelter, discipline, guidance, education, religious training, medical care and love and affection.
ADULT ADOPTIONS ARE PERMANENT
When a minor child is adopted, the changes that result are permanent. The same can be said for an adult adoption. As in any adoption, the existing relationship with the biological parents is severed. An adult adoption creates a new parent/child relationship. A new birth certificate is issued for the adopted person, showing the adoptive parents as the legal birth parents. The last name of the adopted person also may be changed to that of the adoptive parents.
The original birth record involved in an adult adoption will be sealed according to the state’s laws, even though the parties involved are adults and are aware of the family details. An experienced family law attorney can help streamline the adoption process and answer any questions the family may have.
Comments 7
I would never adopt an 18 year old or a 21 year old I have only known for 3 years regardless of reason of emotional identity to them. The only reason to adopt a person who is already an adult is so they are automatically made into an entitled heir to your estate (your house/ money) as now they are seen as direct decendents to your estate who are legally equal to any natural children. A better solution in this case is ask her to be her guardian and to have her give you power of attorney over her in order to make decisions for her she needs made for her as if you are her parent. Safer for you and for her (in case some weird friends or relatives of hers have ideas on how to convince her she should just be adopted by you in order for them to kill you off so this “nice” girl – and she may be nice – can inherit your money – and they can get it from her easily then) as well as a guardianship will be kind of being a parent/ child type relationship and will establish for her the support she seems to think she needs. A person may not be a part of a family by blood, but can be more of a meaningful family member by not being legally related. Many make their own families of people completely non related who mean more to them than some in their own blood related family are to them and this does not and should not be reasons to adopt someone. You can adopt them by heart – by being there for them over or equal to any others and this needs to be enough. Predators put others up to no good without their expecting that so protect her too by NOT adopting her and instead just name her in a will as a person able to inherit money after she turns 45 years old. See if that works. If not, maybe guide better your time with her until she grows through some things. Adopted kids, abused or not, do not many times have great records of being ok once adopted – this is because the same issue is there that their “real” parents failed them. She needs assistance with that issue while you continue to care for her if you want to be of real help to her. Her issue is with being failed by persons supposed to have meant something to her and no legal substitute for that will make that go away. Like being married on paper when the marriage isn’t working. The issue is deeper than a piece of paper or the meaning behind it can fill or be fixed – a person not married to another can mean much more – love has nothing to do with blood or papers – it is just love. Her issues with self worth need strenghthened and will take time but it is certain being around caring people will help her make her way to being accepting of herself where tbose who failed her do not matter anymore as she won’t fail herself and loves herself like they did not. Hope I helped. Take care!
I’ve known this adult since she’s been 18 she was never adopted she was kept in this system. She asked me to adopt her. She’s 21. She’s been living with me. She does have some mental illnesses. She’s been living under my roof for like a year, she’s been begging me to adopt her, but I don’t really know what the process is or even if she qualifies as an adult to get adopted I don’t know if she meets the criteria or not, but she has to be constantly reminded to take her medicine. I think it would be a very long time before she would be capable of living on her own. I do want what’s best for her. And that’s why I’ve always looked out for her every since I’ve known her and she has not had the best life when you live in the system you see things that no child should see she’s been abused. Which I can understand what she went through because I was in the system Myself, but I got adopted, but I was still abused myself, but my question for someone to answer for me is how do you know if a person is qualified or not to be able to be adopted even though they are 21 and you have some mental illnesses. She just feels safe at my home. She said she just wants to feel like she belongs to a family she wants to feel that family connection that she’s never experienced before.
Does the birth. Certificate gave to be changed? I would like to adopt my adult step son. But feel Luna bad about changing both certificate. His mom left when he was 4 so I don’t really know why it bothers me… maybe for future generations to know the truth of the family tree.
I need a application emailed to me please to do a adult Adoption. Thank you for your time
please know everyone my parents sent me to camp echoing hills twenty years ago and i didnt liked it at all and that place is terrible prison summer camp and their bunk beds are awful and their foods are awful to me and it making me very sick and no body wont call parents or friends to sent me home and i never happy at camp echoing hills and i know that place is terrible and their bunk beds are tiny and small to sleep on and is not very comfortable at all
can you cancel Adult Adoption
I don’t like the Ohio laws. What if you found your adult son and you can’t adopt because Ohio has a stupid law. I known my hopefully soon adopted son for three years and we believe it’s what God wants us to do and my wife agrees. Im so sick of stupid laws that honest people can’t do what they want.