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What should you know about adult adoption?

On Behalf of | Oct 1, 2021 | stepparent adoption

When you think of adoption, you might think of the adoption of a minor child, or even an infant. However, most states do have laws that allow for the adoption of consenting adults, as well.

Adult adoptions happen for many reasons, from protecting the inheritance of a young adult to finally overcoming longstanding obstacles that prevented adoption before. However, even adults need to qualify for the adoption process.

Who can adopt and be adopted?

NCDHSS Policies and Manuals looks at the details of adopting consenting adults in North Carolina. First, it is crucial to know who is eligible for this process. Anyone over 18 can consent as an adult to adoption, and anyone over 18 can adopt another consenting adult. Emancipated minors – those under 18 who courts have granted legal adult rights – can also consent to adoption. If you adopt, your marital status does not matter.

Next, if you are the adopted party, you must have the legal competence to consent to the adoption. You need to consent in writing, stating that you know and understand what the adoption means. You must next agree to assume all duties and rights that come along with the adoptive relationship.

Is the birth family’s consent needed?

If a court deems you incompetent to make your own decisions, then the adopting party must gain consent to adopt from your legal guardians. However, you can consent, then your birth family does not need any sort of involvement.

Adopting parties with spouses must also include the spouse in the application form, too. However, this does not apply to step-parent adoptions because the adoptee already has birth relations with one party.