Below are brief extracts from state legislation, with links to the state website where the legislation can be read in full. Citations are current as of July 2012. Note that in some states, adult adoption is available via a petition to the court; while in other states, it may not be permitted or may be limited to specific circumstances. Check state government websites for updates and further information..
NOTE: IT IS IMPORTANT TO OBTAIN PROFESSIONAL LEGAL ADVICE BEFORE PURSUING ANY ACTION.
Alabama | Alaska | Arizona | Arkansas | California| Colorado | Connecticut | District of Columbia| 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
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 25.23.040. 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.
Arizona (AZ)
Arizona Revised Statutes, Title 14 – Trusts, Estates and Protective Proceedings
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.
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.
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 allows an adult to enter into an agreement with another adult for inheritance purposes. Filiation remains unaffected and hence a prior adoption is not terminated. See annotations following.
Colorado Revised Statutes | Title 14: Domestic Matters
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Connecticut (CT)
Connecticut General Assembly, Statutes, Volume 12, Title 45a, Chapters 801 to 803a
(Secs. 45a-1 to 45a-779) Probate Courts and Procedure, 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)
Delaware State Code, Title 13 Domestic Relations, Chapter 9. Adoption, Subchapter II. Persons 18 Years of Age or Over.
§ 951. Who may adopt. Any person, or any husband and wife jointly, desiring to adopt any person or persons upwards of 18 years of age, shall file a petition in the Family Court of the county in which the petitioner or the person to
§ 952. Contents of petition. The petition shall state the name, sex and date of birth of the person or persons whose adoption is sought and that the petitioner or petitioners desire to adopt such person or persons. The petition shall be signed by the petitioner or petitioners.
§ 953. Decree of adoption. If the petition complies with the requirements of §§ 951 and 952 of this title, and if the person or persons to be adopted appear in court and consent to the adoption, the Family Court may render a decree ordering the issuance of a certificate of adoption to the petitioner or petitioners. The decree shall state the sex, age and the name by which the person or persons adopted shall thereafter be known.
§ 954. Effect of adoption. Upon the issuance of the decree of adoption and forever thereafter, all the duties, rights, privileges and obligations recognized by law between parent and child shall exist between the petitioner or petitioners and the person or persons adopted, as fully and to all intents and purposes as if such person or persons were the lawful and natural offspring or issue of the petitioner or petitioners.
§ 955. Record of adoption. The Clerk of Court shall file the petition and all papers pertaining thereto among the records of the Court, and shall record in the record book in which the record of other adoptions is kept all the proceedings in such case, together with the decree of the Court, which record or a duly certified copy thereof shall be evidence.
§ 956. Costs. The costs shall be taxed by the Court on the petitioner or petitioners.
District of Columbia
District of Columbia Official Code, Division II. Judiciary And Judicial Procedure, Title 16. Particular Actions, Proceedings and Matters, Chapter 3 Adoption
§ 16-303. Persons adopted.
A person, whether a minor or an adult, may be adopted.
§ 16-308. Investigations when prospective adoptee is adult or petitioner is spouse or domestic partner of natural parent.
(a) The court may dispense with the investigation, report, and interlocutory decree provided for by this chapter when:
(1) The prospective adoptee is an adult; or
(2) The petitioner is a spouse or domestic partner of the natural parent of the prospective adoptee and the natural parents consents to the adoption or joins in the petition for adoption.
Further reading: Jennifer Fairfax, “Adult Adoption”
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.
Georgia (GA)
Georgia State Code , 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)
Hawaii Revised Statutes, DIVISION 1. GOVERNMENT, TITLE 31. FAMILY, 578 Adoption
§578-1.5 Adoption. Any person may be adopted under this chapter; provided that an adult to be adopted must give written consent to the adoption. [L 1976, c 194, §1(11); gen ch 1985; am L 1986, c 166, §1]
Idaho (ID)
Idaho Statutes, TITLE 16 JUVENILE PROCEEDINGS, CHAPTER 15 ADOPTION OF CHILDREN,
16-1501. Minors and adults may be adopted. Any minor child may be adopted by any adult person residing in and having residence in Idaho, in the cases and subject to the rules prescribed in this chapter.
(1) Persons not minors may be adopted by a resident adult in cases where the person adopting has sustained the relation of parent to such adopted person:
(a) For a period in excess of one (1) year while the person was a minor; or
(b) For such period of time or in such manner that the court after investigation finds a substantial family relationship has been created.
16-1504. Necessary consent to adoption. (1) Consent to adoption is required from:
a) The adoptee, if he is more than twelve (12) years of age, unless he does not have the mental capacity to consent;
(b) Both parents or the surviving parent of an adoptee who was conceived or born within a marriage, unless the adoptee is eighteen (18) years of age or older;
(h) The adoptee’s spouse, if any …
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.
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)
Indiana State Code Title 31 Family and Juvenile Law, Article 19: Family Law, Adoption
IC 31-19-2-1
Adoption of adult; petition; venue; consent; investigation
Sec. 1. (a) An individual who is at least eighteen (18) years of age may be adopted by a resident of Indiana:
(1) upon proper petition to the court having jurisdiction in probate matters in the county of residence of the individual or the petitioner for adoption; and
(2) with the consent of the individual acknowledged in open court.
(b) If the court in which a petition for adoption is filed under this section considers it necessary, the court may order:
(1) the type of investigation that is conducted in an adoption of a child who is less than eighteen (18) years of age; or
(2) any other inquiry that the court considers advisable;
before granting the petition for adoption.
As added by P.L.1-1997, SEC.11.
Iowa (IA)
Iowa State Code, Title XV Judicial Branch and Judicial Procedures,
Subtitle 1: Domestic Relations, Chapter 600 Adoption
600.3 Commencement of adoption action — jurisdiction — forum non conveniens.
1. An action for the adoption of any natural person shall be commenced by the filing of an adoption petition, as prescribed in section 600.5 , in the juvenile court or court of the county in which an adult person to be adopted is domiciled or resides, or in the juvenile court or court of the county in which the guardian of a minor person to be adopted or the petitioner is domiciled or resides.
600.11 Notice of adoption hearing.
1. The juvenile court or court shall set the time and place of the adoption hearing prescribed in section 600.12 upon application of the petitioner. The juvenile court or court may continue the adoption hearing if the notice prescribed in subsections 2 and 3 is given, except that such notice shall only be given at least ten days prior to the date which has been set for the continuation of the adoption hearing.
2. a . At least twenty days before the adoption hearing, a copy of the petition and its attachments and a notice of the adoption hearing shall be given by the adoption petitioner to:
…. (2) The person to be adopted who is an adult.
Kansas (KS)
Kansas State Code, Chapter 59.–PROBATE CODE, Article 21.–ADOPTION
59-2113. Who may adopt. Any adult, or husband and wife jointly, may adopt any minor or adult as their child in the manner provided in K.S.A. 59-2111 through 59-2143, except that one spouse cannot do so without the consent of the other.
59-2138. Venue. Venue shall be in the county in which the petitioner or the adult to be adopted resides.
59-2139. Petition. (a) A petition for adult adoption shall be filed by the person desiring to adopt the adult and shall state: (1) The name, residence and address of the petitioner;
(2) the name, residence, address and date of birth of the adult to be adopted;
(3) whether the petitioner or adult to be adopted is married and if so, the name, residence and address of the spouse;
(4) the facts showing the reasons for the adoption;
(5) whether one or both of the parents of the adult to be adopted are living and the name, residence and address of those living so far as known to the petitioner or the adult to be adopted; and
(6) whether or not any change of name is requested.
(b) The written consents required by K.S.A. 59-2140, and amendments thereto, and the accounting required by K.S.A. 59-2121 shall be filed with the petition for adoption.
Kentucky (KY)
Kentucky Revised Statutes, TITLE XXXV – DOMESTIC RELATIONS, CHAPTER 405 PARENT AND CHILD
405.390. Adoption of an adult.
An adult person over eighteen (18) years of age may be adopted in the same manner as provided by law for the adoption of a child and with the same legal effect, except that his consent alone to such adoption shall be required.
Louisiana (LA)
Article 212. Adult adoption requirements
A person who has attained the age of majority may be adopted without judicial authorization only when the adoptive parent is the spouse or the surviving spouse of a parent of the person to be adopted.
In other proposed adult adoptions, the court, upon the joint petition of the adoptive parent and the person to be adopted, may authorize the adoption of a person who has attained the age of majority if the court finds after a hearing that the adoption is in the best interest of both parties.
Article 213. Adult adoption; form
The adoptive parent and the person to be adopted shall consent to the adoption in an authentic act of adoption.
The spouse of the adoptive parent and the spouse of the person to be adopted shall sign the act of adoption for the purpose of concurrence in the adoption only. The act of adoption without this concurrence is absolutely null. The concurrence does not establish the legal relationship of parent and child.
Neither a party to an adult adoption nor a concurring spouse may consent by procuration or mandate.
Article 214. Adult adoption; recordation requirement
The adoption is effective when the act of adult adoption and any judgment required to authorize the adoption are filed for registry, except as otherwise provided by law.
Maine (ME)
Maine Revised Statutes, Title 18-A: PROBATE CODE, Article 9: ADOPTION §9-101 – §9-404l Part 3: ADOPTION PROCEDURES HEADING: PL 1995, C. 694, PT. C, §7 (NEW)
§9-301. Petition for adoption and change of name; filing fee
A husband and wife jointly or an unmarried person, resident or nonresident of the State, may petition the Probate Court to adopt a person, regardless of age, and to change that person’s name.
Maryland (MD)
Maryland Civil Code, FAMILY LAW, TITLE 5. CHILDREN, SUBTITLE 3B. INDEPENDENT ADOPTION, PART II. ADOPTION PROCEEDING
§ 5-3B-13. Petition
(a) Eligible adoptee. — Any adult or minor may be adopted under this subtitle.
Further reading: Jennifer Fairfax, “Adult Adoption”, Yale M. Ginsburg “Adopt an Adult?”
Massachusetts (MA)
Massachusetts State Laws PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS, TITLE III DOMESTIC RELATIONS, CHAPTER 210 ADOPTION OF CHILDREN AND CHANGE OF NAMES
Section 1. A person of full age may petition the probate court in the county where he resides for leave to adopt as his child another person younger than himself, unless such other person is his or her wife or husband, or brother, sister, uncle or aunt, of the whole or half blood
Section 3 Dispensing with required consent in certain cases
Section 3. (a) Whenever a petition for adoption is filed by a person having the care or custody of a child, the consent of the persons named in section 2, other than that of the child, shall not be required if:– (i) the person to be adopted is 18 years of age or older; or (ii) the court hearing the petition finds that the allowance of the petition is in the best interests of the child pursuant to paragraph (c).
Michigan (MI)
Michigan State Code, Chapters 701 – 713 Probate Code, CHAPTER X MICHIGAN ADOPTION CODE,
710.22 Definitions.
As used in this chapter:
(a) “Adoptee” means the individual who is to be adopted, regardless of whether the individual is a child or an adult.
710.43 Consent to adoption; persons authorized to execute.
(3) If the individual to be adopted is an adult, the individual’s consent is necessary before the court may enter an order of adoption, but consent by any other individual is not required.
710.56 Order of adoption; time; waiver; extension of time; hearing; effect of filing petition for rehearing or appeal from order terminating parental rights; conditions; adoption of adult.
(5) If the person to be adopted is an adult, the court may enter an order of adoption after all of the following occur:
(a) The person to be adopted consents to the adoption according to section 43(3) of this chapter.
(b) The written report of investigation required by section 46(2) of this chapter is filed.
(c) Notice has been served upon interested parties described in section 24a of this chapter.
Minnesota (MN)
Minnesota Statutes 2006, Chapters 245 – 267 Public Welfare and Related Activities, Chapter 259 CHANGE OF NAME, ADOPTION,
259.21 DEFINITIONS.
Subd. 2a.Adult adoption.
“Adult adoption” means the adoption of a person at least 18 years of age.
259.241 ADULT ADOPTION.
(a) Any adult person may be adopted, regardless of the adult person’s residence. A resident of Minnesota may petition the court of record having jurisdiction of adoption proceedings to adopt an individual who has reached the age of 18 years or older.
(b) The consent of the person to be adopted shall be the only consent necessary, according to section 259.24. The consent of an adult in the adult person’s own adoption is invalid if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, or if the person consenting to the adoption is determined not competent to give consent.
(c) The decree of adoption establishes a parent-child relationship between the adopting parent or parents and the person adopted, including the right to inherit, and also terminates the parental rights and sibling relationship between the adopted person and the adopted person’s birth parents and siblings according to section 259.59.
(d) If the adopted person requests a change of name, the adoption decree shall order the name change
259.24 CONSENTS.
Subd. 4.Adult adoptee.
In the adoption of an adult, the adult’s written consent only shall be required.
259.89 ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.
Subd. 7.Adult adoptions.
Notwithstanding section 144.218, a person adopted as an adult shall be permitted to access the person’s birth records that existed prior to the adult adoption. Access to the existing birth records shall be the same access that was permitted prior to the adult adoption.
Mississippi (MS)
Mississippi Code, Title 93 DOMESTIC RELATIONS, Chapter 017 ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN
SEC. 93-17-3. Who may be adopted; who may adopt; venue of adoption proceedings; certificate of child’s condition; change of name; adoption by couples of same gender prohibited.
(1) Any person may be adopted in accordance with the provisions of this chapter in term time or in vacation by an unmarried adult or by a married person whose spouse joins in the petition, provided that the petitioner or petitioners * * * have resided in this state for ninety (90) days preceding the filing of the petition. However, if * * * the petitioner or petitioners, or one (1) of them, are related to the child within the third degree according to civil law, or if * * * the adoption is presented to the court by an adoption agency licensed by the State of Mississippi, the residence restriction shall not apply. The adoption shall be by sworn petition filed in the chancery court of the county in which the adopting petitioner or petitioners reside or in which the child to be adopted resides or was born, or was found when it was abandoned or deserted, or in which the home is located to which the child has been surrendered by a person authorized to so do. The petition shall be accompanied by a doctor’s or nurse practitioner’s certificate showing the physical and mental condition of the child to be adopted and a sworn statement of all property, if any, owned by the child. If the doctor’s or nurse practitioner’s certificate indicates any abnormal mental or physical condition or defect, the condition or defect shall not in the discretion of the chancellor bar the adoption of the child if the adopting parent or parents * * * file an affidavit stating full and complete knowledge of the condition or defect and stating a desire to adopt the child, notwithstanding the condition or defect. The court shall have the power to change the name of the child as a part of the adoption proceedings. The word “child” herein shall be construed to refer to the person to be adopted, though an adult.
Missouri (MO)
Missouri Revised Statutes, TITLE XXX DOMESTIC RELATIONS, Chapter 453 Adoption and Foster Care
453.010. Petition for permission to adopt, venue, jurisdiction–no denial or delay in placement of child based on residence or domicile–expedited placement, when.
1. Any person desiring to adopt another person as his or her child shall petition the juvenile division of the circuit court in which:
(1) The person seeking to adopt resides;
(2) The child sought to be adopted was born;
(3) The child is located at the time of the filing of the petition; or
(4) Either birth person resides.
453.090. Consequences of adoption–child defined.
5. The word “child” as used in this section, shall, unless the context hereof otherwise requires, be construed to mean either a person under or over the age of eighteen years.
Montana (MT)
Montana State Code, TITLE 42. ADOPTION. CHAPTER 1. GENERAL ADOPTION PROVISIONS
42-1-105. Who may be adopted.
(2) An adult may be adopted as provided in 42-4-401 through 42-4-405.
42-4-401. Adoption of adult.
A person who has attained the age of legal majority may be adopted without the consent of the person’s parents.
42-4-402. Who may adopt adult or emancipated minor.
(1) An adult may adopt another adult or an emancipated minor pursuant to this section. However, an adult may not adopt the adult’s spouse. An adoption of an incompetent individual of any age must comply with all requirements set by law for the adoption of a child.
(2) An individual who has adopted an adult or emancipated minor may not adopt another adult or emancipated minor within 1 year after the adoption unless the prospective adoptee is a sibling of the adoptee.
42-4-403. Consent to adoption.
(1) Consent to the adoption of an adult or emancipated minor is required only of:
(a) the adoptee;
(b) the prospective adoptive parent; and
(c) the spouse of the prospective adoptive parent unless:
(i) the spouse and the prospective adoptive parent are legally separated; or
(ii) the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interests of the adoptee and the prospective adoptive parent.
(2) The consent of the adoptee and the prospective adoptive parent must:
(a) be in writing and be signed in the presence of the court or an individual authorized to take acknowledgments;
(b) 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 of that relationship; and
(c) state that the parties understand the consequences that the adoption may have for any right of inheritance, property, or support.
42-4-404. Jurisdiction and venue.
(1) The court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor if the petitioner has lived in Montana for at least 90 days immediately preceding the filing of a petition for adoption.
42-4-405. Procedure.
Except as otherwise provided in this part, the procedure and law for adoption of a child set forth in this title is applicable in proceedings for the adoption of an adult. The provisions concerning the counseling requirement, preplacement evaluation, postplacement supervision period, and postplacement evaluation are not applicable to the adoption of an adult.
Nebraska (NE)
Nebraska Revised Statutes , Chapter 43 INFANTS AND JUVENILES,
43-101. Children eligible for adoption.
(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, any minor child may be adopted by any adult person or persons and any adult child may be adopted by the spouse of such child’s parent in the cases and subject to sections 43-101 to 43-115, …
(2) Any adult child may be adopted by any person or persons subject to sections 43-101 to 43-115, except that no person having a husband or wife may adopt an adult child unless the husband or wife joins in the petition therefor. If the husband or wife so joins the petition therefor, the adoption shall be by them jointly. The adoption of an adult child by another adult or adults who are not the stepparent of the adult child may be permitted if the adult child has had a parent-child relationship with the prospective parent or parents for a period of at least six months next preceding the adult child’s age of majority and (a) the adult child has no living parents, (b) the adult child’s parent or parents had been deprived of parental rights to such child by the order of any court of competent jurisdiction, (c) the parent or parents, if living, have relinquished the adult child for adoption by a written instrument, (d) the parent or parents had abandoned the child for at least six months next preceding the adult child’s age of majority, or (e) the parent or parents are incapable of consenting. The substitute consent provisions of section 43-105 do not apply to adoptions under this subsection.
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 Hampshire Revised Statutes,TITLE XII PUBLIC SAFETY AND WELFARE, CHAPTER 170-B ADOPTION
170-B:3 Who May be Adopted; Requirements. – Any individual may be adopted, provided, however, that:
I. If the adoptee is 14 years of age or older, he or she must assent to the adoption unless the court determines that it is not in the best interests of the adoptee to require assent. Such an assent shall be executed by the adoptee in writing and signed in the presence of the court in which the petition for adoption has been filed.
II. If the adoptee is alleged to be incapacitated, incompetent, mentally ill, developmentally disabled, or is in any other way emotionally or mentally deficient, the court may also appoint a guardian ad litem to protect that adoptee’s interests.
III. If the adoptee, whether a minor or an adult, is married, the spouse of the adoptee shall also assent to the adoption. The court may waive this requirement for good cause shown.
170-B:7 Persons Not Required to Surrender. – Surrender of parental rights is not required of:
I. The alleged father who has not met the requirements of RSA 170-B:5, I or RSA 170-B:6;
II. A parent whose parental rights have been voluntarily or involuntarily terminated by order of a court in another state;
III. An alleged father who is found not to be the father pursuant to RSA 168-A;
IV. Any parent of the adoptee, if the adoptee is an adult;
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 Mexico Statutes, Chapter 40 Domestic Affairs, ARTICLE 14 Adult Adoptions
40-14-1. Short title.
This act [40-14-1 to 40-14-15 NMSA 1978] may be cited as the “Adult Adoption Act”.
40-14-2. Definitions.
As used in the Adult Adoption Act [40-14-1 NMSA 1978]:
A. “adoptee” means any adult who is the subject of an adoption petition;
B. “adult” means any individual who is eighteen years of age or older;
C. “court” means the district court;
D. “parent” means the biological or adoptive parent;
E. “person” means an individual;
F. “petitioner” means any person who signs a petition to adopt under the Adult Adoption Act; and
G. “resident” means a person who, immediately prior to filing an adoption petition, has lived in the state for at least six months or a person who has become domiciled in the state by establishing legal residence with the intention of maintaining the residence indefinitely.
40-14-3. Jurisdiction.
The court shall have original jurisdiction over proceedings arising under the Adult Adoption Act
40-14-4. Venue.
A. A petition for adoption may be filed in any county where:
(1) a petitioner resides; or
(2) the adoptee resides.
B. A court that has jurisdiction under the Adult Adoption Act [40-14-1 NMSA 1978] may decline to exercise jurisdiction any time before entering a decree if the court finds that under the circumstances of the case it is an inconvenient forum to make a determination. In that case, the court shall transfer the proceedings on any conditions that are just.
40-14-5. Who may be adopted; who may adopt.
A. Any adult may be adopted.
B. Residents who are one of the following may adopt:
(1) any adult who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adult Adoption Act [40-14-1 NMSA 1978]; or
(2) a married adult, without the spouse of the married adult joining in the adoption if:
(a) the non-joining spouse is a parent of the adoptee;
(b) the adult who is adopting and the non-joining spouse are legally separated; or
(c) the failure of the non-joining spouse to join in the adoption is excused for reasonable circumstances as determined by the court.
40-14-6. Consent to the adoption.
A. Consent to the adoption shall be required of the adoptee or a person legally authorized to consent on behalf of the adoptee if the adoptee is incapacitated and unable to consent to the adoption.
B. A consent shall be in writing, signed by the adoptee and shall state the following:
(1) the date, place and time of execution;
(2) the date and place of birth of the adoptee and any names by which the adoptee has been known;
(3) the name of the petitioner;
(4) that the adoptee has been advised of the legal consequences of the adoption by independent legal counsel or a judge;
(5) that consent to an adoption cannot be withdrawn;
(6) that the adoptee is voluntarily and unequivocally consenting to the adoption; and
(7) that the adoptee has received or been offered a copy of the consent.
C. In cases when the consent is in English and English is not the first language of the consenting person, the person taking the consent shall certify in writing that the document has been read and explained to the person whose consent is being taken in that person’s first language, by whom the document was read and explained and that the meaning and implications of the document are fully understood by the person giving the consent.
D. A consent to adoption shall be signed before and approved by a judge who has jurisdiction over adoption proceedings, within or without this state, and who is in the jurisdiction in which the adoptee or the petitioner resides.
E. The consent shall be filed with the court in which the petition for adoption has been filed before adjudication of the petition.
F. In its discretion, the court may order counseling.
G. A consent to adoption shall not be withdrawn prior to the entry of a decree of adoption unless the court finds, after notice and an opportunity to be heard is given to the petitioner and the adoptee, that the consent was obtained by fraud. In no event shall a consent or relinquishment be withdrawn after the entry of a decree of adoption.
(Continues on in Sections 7 to 15).
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 Adoption, Articles 5 and 6
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
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, Title [31] Domestic Relations – Children, Chapter 3107: Adoption
3107.02 Who may be adopted – physical examination.
(A) Any minor may be adopted.
(B) An adult may be adopted under any of the following conditions:
(1) If the adult is totally or permanently disabled;
(2) If the adult is determined to be a mentally retarded person ;
(3) If the adult had established a child-foster caregiver, kinship caregiver, or child-stepparent relationship with the petitioners as a minor, and the adult consents to the adoption;
(4) If the adult was, at the time of the adult’s eighteenth birthday, in the permanent custody of or in a planned permanent living arrangement with a public children services agency or a private child placing agency, and the adult consents to the adoption;
(5) If the adult is the child of the spouse of the petitioner, and the adult consents to the adoption.
Oklahoma (OK)
Oklahoma Statutes, Title 10 Children, 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.
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)
State of Rhode Island General Laws, TITLE 15 Domestic Relations CHAPTER 15-7 Adoption of Children
§ 15-7-4 Petition to adopt – Court having jurisdiction.
(d) Petitions for adoptions of persons eighteen (18) years or older shall be heard by the probate court of the city or town in which the petitioners live.
Related Links: State of Rhode Island Probate Forms , PC-8.2 (11/02, formerly SW-6) Adult Adoption Petition and Change of Name (PDF)
South Carolina (SC)
South Carolina Code of Laws , Title 63 – South Carolina Children’s Code, CHAPTER 9 ADOPTIONS, SUBARTICLE 11 STEPPARENT, RELATIVE, AND ADULT ADOPTIONS,
SECTION 63-9-1120. Adult adoption.
An adult person may be adopted by another adult person with the consent of the person to be adopted or his guardian and with the consent of the spouse, if any, of a sole adoptive parent, filed in writing with the court. The provisions of Section 62-2-109 and Sections 63-9-30 through 63-9-760, excluding Section 63-9-740, do not apply to the adoption of an adult person. A petition for the adoption must be filed with the family court in the county where the adoptive parents reside. After a hearing on the petition and after those investigations as the court considers advisable, if the court finds that it is in the best interests of the persons involved, a decree of adoption may be entered which has the legal consequences stated in Section 62-2-109.
South Dakota (SD)
South Dakota Constitution, Title 25 Domestic Relations,
25-6-18 Petition for adoption of adult–Consent required–Residence with adoptive parent during minority required.
An adult may adopt another adult by filing a petition requesting such adoption with the judge of the circuit court, together with an agreement in writing that the person being adopted shall be treated in all respects as a natural child of the petitioner. Written consent of the adopted person shall also be required. It shall be a further prerequisite that the person being adopted shall have lived in the home of the adoptive parent during his minority for a period of at least six months, and this fact shall appear in the petition.
Tennessee (TN)
Tennesee State Code, Title 36 Domestic Relations, Chapter 1 Adoption, Part 1 General Provisions
36-1-107. Persons to whom this part is applicable.
(a) Any person, irrespective of place of birth, citizenship, or place of residence, may be adopted or readopted in accordance with the provisions of this part.
(b) A single person may file a petition for the adoption of a child.
(c) An adult may be adopted.
Texas (TX)
Texas Statutes, Family Code, “Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship,” Subtitle B Suits Affecting the Parent-Child Relationship, Chapter 162. Adoption
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)
Utah State Code and Constitution, Title 78B Judicial Code, Chapter 06 Particular Proceedings
78B-6-115. Who may adopt — Adoption of minor — Adoption of adult.
(2) Subject to this section and Section 78B-6-117, any adult may be adopted by another adult.
(3) The following provisions of this part apply to the adoption of an adult just as though the person being adopted were a minor:
(a) (i) Section 78B-6-108;
(ii) Section 78B-6-114;
(iii) Section 78B-6-116;
(iv) Section 78B-6-118;
(v) Section 78B-6-124;
(vi) Section 78B-6-136;
(vii) Section 78B-6-137;
(viii) Section 78B-6-138;
(ix) Section 78B-6-139;
(x) Section 78B-6-141; and
(xi) Section 78B-6-142;
(b) Subsections 78B-6-105(1)(a), (1)(b)(i), (1)(b)(ii), (2), and (7), except that the juvenile court does not have jurisdiction over a proceeding for adoption of an adult, unless the adoption arises from a case where the juvenile court has continuing jurisdiction over the adult adoptee; and
(c) if the adult adoptee is a vulnerable adult, Sections 78B-6-128 through 78B-6-131, regardless of whether the adult adoptee resides, or will reside, with the adoptors, unless the court, based on a finding of good cause, waives the requirements of those sections.
(4) Before a court enters a final decree of adoption of an adult, the adoptee and the prospective adoptive parent or parents shall appear before the court presiding over the adoption proceedings and execute consent to the adoption.
(5) No provision of this part, other than those listed or described in this section or Section 78B-6-117, apply to the adoption of an adult.
78B-6-116. Notice and consent for adoption of an adult.
(1) (a) Consent to the adoption of an adult is required from:
(i) the adult adoptee;
(ii) any person who is adopting the adult;
(iii) the spouse of a person adopting the adult; and
(iv) any legally appointed guardian or custodian of the adult adoptee.
(b) No person, other than a person described in Subsection (1)(a), may consent, or withhold consent, to the adoption of an adult.
(2) (a) Except as provided in Subsection (2)(b), notice of a proceeding for the adoption of an adult shall be served on each person described in Subsection (1)(a) and the spouse of the adoptee.
(b) The notice described in Subsection (2)(a) may be waived, in writing, by the person entitled to receive notice.
(3) The notice described in Subsection (2):
(a) shall be served at least 30 days before the day on which the adoption is finalized;
(b) shall specifically state that the person served must respond to the petition within 30 days of service if the person intends to intervene in the adoption proceeding;
(c) shall state the name of the person to be adopted;
(d) may not state the name of a person adopting the adoptee, unless the person consents, in writing, to disclosure of the person’s name;
(e) with regard to a person described in Subsection (1)(a):
(i) except as provided in Subsection (2)(b), shall be in accordance with the provisions of the Utah Rules of Civil Procedure; and
(ii) may not be made by publication; and
(f) with regard to the spouse of the adoptee, may be made:
(i) in accordance with the provisions of the Utah Rules of Civil Procedure;
(ii) by certified mail, return receipt requested; or
(iii) by publication, posting, or other means if:
(A) the service described in Subsection (3)(f)(ii) cannot be completed after two attempts; and
(B) the court issues an order providing for service by publication, posting, or other means.
(4) Proof of service of the notice on each person to whom notice is required by this section shall be filed with the court before the adoption is finalized.
(5) (a) Any person who is served with notice of a proceeding for the adoption of an adult and who wishes to intervene in the adoption shall file a motion in the adoption proceeding:
(i) within 30 days after the day on which the person is served with notice of the adoption proceeding;
(ii) that sets forth the specific relief sought; and
(iii) that is accompanied by a memorandum specifying the factual and legal grounds upon which the motion is made.
(b) A person who fails to file the motion described in Subsection (5)(a) within the time described in Subsection (5)(a)(i):
(i) waives any right to further notice of the adoption proceeding; and
(ii) is barred from intervening in, or bringing or maintaining any action challenging, the adoption proceeding.
(6) Except as provided in Subsection (7), after a court enters a final decree of adoption of an adult, the adult adoptee shall:
(a) serve notice of the finalization of the adoption, pursuant to the Utah Rules of Civil Procedure, on each person who was a legal parent of the adult adoptee before the final decree of adoption described in this Subsection (6) was entered; and
(b) file with the court proof of service of the notice described in Subsection (6)(a).
(7) A court may, based on a finding of good cause, waive the notification requirement described in Subsection (6).
Vermont (VT)
Constitution of the State of Vermont , Title 15a Adoption Act, Article 5 ADOPTION OF ADULTS AND EMANCIPATED MINORS
§ 5-101. Who may adopt adult or emancipated minor
An adult may adopt another adult or an emancipated minor pursuant to this article, but an adult may not adopt his or her spouse. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 5-102. Legal consequences of adoption
The legal consequences of an adoption of an adult or emancipated minor are the same as under sections 1-103 through 1-106 of this title, …
§ 5-104. Jurisdiction and venue
(a) The probate division of the superior court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor under this article if a petitioner lived in this state for at least 90 days immediately preceding the filing of a petition for adoption.
(b) A petition for adoption may be filed in the probate division of the superior court in the district in which a petitioner lives. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 5-105. Petition for adoption
(a) A prospective adoptive parent and an adoptee under this article shall jointly file a petition for adoption.
(b) The petition shall be signed and verified by each petitioner and state:
(1) the full name, date of birth, and place and duration of residence of each petitioner;
(2) the current marital status of each petitioner, including the date and place of marriage, if married;
(3) the full name by which the adoptee is to be known if the petition is granted;
(4) the duration and nature of the relationship between the prospective adoptive parent and the adoptee;
(5) that the prospective adoptive parent and the adoptee desire to assume the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship;
(6) that the adoptee understands that a consequence of the adoption will be to terminate the adoptee’s relationship as the child of an existing parent, but if the adoptive parent is the adoptee’s stepparent, the adoption will not affect the adoptee’s relationship with a parent who is the stepparent’s spouse, but will terminate the adoptee’s relationship to the adoptee’s other parent, except for the right to inherit from or through that parent;
(7) that the adoptee and the prospective adoptive parent understand the consequences the adoption may have for any right of inheritance, property, or support each person has;
(8) the name and last known address of any other person whose consent is required;
(9) the name, age, and last known address of any child of the prospective adoptive parent, including a child previously adopted by the prospective adoptive parent or his or her spouse, and the date and place of the adoption; and
(10) the name, age, and last known address of any living parent or child of the adoptee.
(c) The petitioners shall attach to the petition:
(1) a certified copy of the birth certificate or other evidence of the date and place of birth of the adoptee and the prospective adoptive parent, if available; and
(2) any required consent that has been executed. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
Virginia (VA)
Code of Virginia, Title 63.2 – WELFARE (SOCIAL SERVICES). Chapter 12 – Adoption
63.2-1243 Adoption of certain persons eighteen years of age or over
A petition may be filed in circuit court by any natural person who is a resident of this Commonwealth (i) for the adoption of a stepchild eighteen years of age or over to whom he has stood in loco parentis for a period of at least three months; (ii) for the adoption of a close relative, as defined in § 63.2-1242.1, eighteen years of age or older; (iii) for the adoption of any person eighteen years of age or older who is the birth child of the petitioner or who had resided in the home of the petitioner for a period of at least three months prior to becoming eighteen years of age; or (iv) for the adoption of any person eighteen years of age or older, for good cause shown, provided that the person to be adopted is at least fifteen years younger than the petitioner and the petitioner and the person to be adopted have known each other for at least one year prior to the filing of the petition for adoption. Proceedings in any such case shall conform as near as may be to proceedings for the adoption of a minor child under this chapter except that:
(a) No consent of either parent shall be required; and
(b) The consent of the person to be adopted shall be required in all cases.
Any interlocutory or final order issued in any case under this section shall have the same effect as other orders issued under this chapter; and in any such case the word “child” in any other section of this chapter shall be construed to refer to the person whose adoption is petitioned for under this section. The entry of a final order of adoption pursuant to this section which incorporates a change of name shall be deemed to meet the requirements of § 8.01-217.
The provisions of this section shall apply to any person who would have been eligible for adoption hereunder prior to July 1, 1972
Washington (WA)
The Revised Code of Washington State, Title 26 Domestic Relations, 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)
West Virginia State Code, Chapter 48 Domestic Relations, Article 22 Adoption, 801 Adoption of Adults
“Any adult person who is a resident of West Virginia may petition the circuit court or any other court of record having jurisdiction of adoption proceedings for permission to adopt one who has reached the age of eighteen years or over, and, if desired, to change the name of such person. The consent of the person to be adopted shall be the only consent necessary. The order of adoption shall create the same relationship between the adopting parent or parents and the person adopted and the same rights of inheritance as in the case of an adopted minor child. If a change in name is desired, the adoption order shall so state.” W. Va. Code §48-22-801.
Wisconsin (WI)
Wisconsin Statutes & Annotations, Ch. 882 Title Adoption of Adults
882.01 Adoption of adults. An adult may be adopted by any other adult, who is a resident of this state.
882.02 Consent. The consent of the adult to be adopted and the consent of the spouse of the petitioner, if that spouse has not joined in the petition under s. 882.01, shall be filed in writing with the court.
882.03 Jurisdiction and venue. The circuit court shall have jurisdiction to order an adoption. The petition shall be filed in the county where the petitioner resides.
882.04 Hearing and order. After a hearing on the petition, which may be held in chambers and which shall be attended by the petitioner and the adult to be adopted, unless the court orders otherwise, and after such investigation as the court considers advisable, if the court finds that it is to the best interests of the persons involved, an order of adoption may be granted which shall have the same legal consequences as an order of adoption of a minor under ch. 48.
Wyoming (WY)
Wyoming Statutes, TITLE 1 – CODE OF CIVIL PROCEDURE, Chapter 22 – Adoption, Article 1 – In General
1-22-102. Persons subject to adoption.
(b) Any adult may be adopted, regardless of his residence within or outside of this state at the time the petition is filed, provided:
(i) The adopting parent was a stepparent, grandparent or other blood relative, foster parent or legal guardian who participated in the raising of the adult when the adult was a child; and
(ii) The adult files a consent to the adoption with the court.
Related Links:
- Adoption Laws of the Fifty States, District of Columbia and Puerto Rico provided by Cornell University’s Legal Information Institute
- Baby Scoop Era Research Initiative – Legal Adoption or Systemic Violation of Single Parents Legal Rights? Questioning the legality of baby-scoop era adoptions, support group for “birthmothers” of all eras. (Note: the word “birthmothers” is used on this website for search engine purposes only. We prefer the terms “mother” or “natural mother” that do not disrespect true family.)
- Jennifer Fairfax, “Adult Adoption”