Adult Adoption – The Basics

What are the Benefits?

Adult adoptions are, as the name suggests, when an adult becomes the parent of another adult. There are several benefits to adult adoptions (or pitfalls to the unwary).  The benefits of being an adopted child (as opposed to no legal relationship between the two adults) are as follows: 

• Emotional and psychological appeal
• Potential inheritance rights as legal child (or parent)
• Priority in potential guardianship proceedings as legal child (or parent)
• Potential authority to make medical decisions (if next of kin is required)
• The adoptee may choose to change their name as a result of the adoption

READ MORE: All Financial Power of Attorney Documents are the Same… Right?

What are the Requirements?

Any minor may be adopted, but that isn’t the case for adults. ORC § 3107.02 allows for adult adoptions if the following conditions are met:

• If the adoptee has a permanent and total disability
• The adoptee has an intellectual disability
• The adoptee has an established relationship with the adopter (such as a foster caregiver or step-parent) as a minor, and the adoptee consents to the adoption
• The adoptee, is, at the time of their 18th birthday, in the custody of an adoption agency, and the adoptee consents to the adoption
• The adoptee is a child of the spouse of the adopter, and the adoptee consents to the adoption

READ MORE: Guardianship – Least Restrictive Means

What is the Process?

Each Ohio county may be a bit different based on each probate court rules; however, the following actions will be required:

• Filing a petition: The adopter files a petition for adult adoption with the probate court in the county where they reside
• Notice to the adoptee: The adoptee must be notified of the petition and provide written consent
• Background checks: The adopter and adoptee might be required to undergo background checks
• Court hearing: A court hearing is held to finalize the adoption
• Decree of adoption: The court issues a decree of adoption, which is then filled with the county recorder’s office

READ MORE: Guardianship of an Adult – The Basics