Adopting an Adult in Texas

Adoption brings to mind pictures of smiling parents with the happy addition to their family. But what happens if the addition is old enough to vote? Can adults adopt adults in Texas? Yes, they can! Although the reasons may be different, the goal is still the same. Whether you're eight or eighteen, everyone wants to be part of a loving family, and everyone can.

Most people adopt a child in order to provide them with a safe home environment, a good education, lots of love, and a sense of belonging in order to help them become happy, well-adjusted adults. So why adopt them when it seems the chance to do these things has already passed? There are different reasons adoptive parents wait until a minor becomes an adult to begin the adoption procedure, such as:

• Stepparents – When an adoptee is a minor, they may live with a biological parent and a stepparent. If the stepparent wants to adopt the minor child, they must get the consent of the other biological parent. However, that parent may refuse, even become violent if approached with the idea, putting the child in a bad position. As an adult, the adoptee does not need the consent of either parent to be adopted. Waiting until adulthood would protect the minor from a difficult situation.
• Foster care – Many adoptees have been in a foster family for years. Adoption within a foster care system, however, is difficult and time consuming, and sometimes the adoptee ages out of the system before that can happen. In these cases, adoptees would legally be able to take all the steps necessary for adoption themselves.
• Inheritance – Adopted adults have the same rights as biological children when it comes to inheritance. By legally adopting adult children, adoptive parents secure their place in the line of inheritance, regardless of whether a will exists. Since they may inherit even before other biological family members, adoption reduces any chance of conflict or the chance that a will would be contested.

The process for adopting an adult is much less complicated than that of adopting a minor child. The adoption of a minor requires the involvement of numerous people and organizations and may take years. In the case of adult adoptions, only the adoptive parents and the adoptee are involved. Legally, the biological parents do not even have to be notified and the adoptee can sign all documents necessary themselves. The process involves only a few short steps:

• Meet with an attorney – Although you can download the forms you need, it's always a good idea to consult someone who is familiar with the process of adoption and can make sure you get all the paperwork filled out correctly.
• File a Petition – The person filing the petition, or petitioner, must file an “Original Petition for Adoption of an Adult” with the designated court. If the petitioner is married, the spouse must be part of the petition.
• Consent of Adoptee – The adult wanting to be adopted must fill out an “Affidavit of Consent to Adoption” proving they are not being forced into the procedure.
• Attend a court hearing – The petitioner and the adult adoptee then attend a court hearing. The judge will review all paperwork. If everything is in order, the adoption will be approved.

The judge could deny the adoption if there is proof it is meant to defraud creditors or avoid legal obligations. It may also be denied if one of the parties has been forced to take part in the adoption or is trying to circumvent current immigration laws.

Once the adoption is finalized, the adopted adult will receive a new birth certificate. They may request a name change, if they want one. They may take part in all family decisions, such as healthcare choices and guardianship designation of the adoptive parents. Also, while they now have the right to inherit from their adopted parents, they no longer have the right to inherit from their biological parents.

Adoption does not have to just be between adults and minor children. Families don't dissolve when children become legal adults. All families enter a new phase as adults and legally belonging together can be just as joyful at eighteen as it is at eight.