Adult Adoption
Texas Family Law and Adoption Attorneys
Create Your Family Your Way with Adult Adoption
Adoption isn’t just for kids. You may wish to adopt another adult for various reasons, from officially becoming the legal parent of a child you’ve raised for years to assuming a parent role for your younger sibling.
As with all types of adoption, the process can be emotionally intense and legally complex. Alexandra Geczi PLLC brings a compassionate, empowering approach to family law, helping families through the Dallas-Fort Worth area and the State of Texas. We ensure the entire process goes smoothly so can avoid some of the common obstacles that adoptive parents often run into. Reach out now to talk about your options.
What is Adult Adoption?
Adult adoption in Texas is when one adult wishes to adopt another adult. It is less complicated than the adoption of a child, but you must still meet certain legal requirements.
Common reasons for adult adoptions are stepparents who wish to adopt their stepchildren after they become adults, or non-related individuals who want to preserve property rights.
Not many attorneys (and even some judges) know about adult adoptions in Texas, but it is one of our niche practice areas. We have helped many people with adult adoptions — not just in Dallas but throughout the State of Texas.
Reasons to Consider Adult Adoption
Overcome the challenge of stepparent adoption
In some blended families, one parent is raising children with a new partner. Adopting a minor child as a stepparent requires the other biological parent to terminate their parental rights. This isn’t always feasible.
Once the child turns 18, though, consent from both biological parents is no longer required. Families in this situation may choose to finally adopt their de facto stepchild, officially declaring themselves their parent. This also helps ensure their assets can pass onto this dependent.
Assume the parental role for a younger sibling
Let’s say you’ve been caring for your sibling(s) because your parents aren’t able to do so, for whatever reason. If you’re over 18, you may be declared their legal guardian. But what happens when your little brother or sister turns 18? Adult adoption is a way to continue that parental relationship and establish yourself as their legal and financial provider.
Declare a provider relationship for an adult dependent
Some adults cannot care for themselves due to a physical or intellectual disability. An adult adoption can help establish the legal and financial framework for you to take care of them.
Reconnect with your biological children
People who were adopted as kids may reach out to their biological parents as adults. Sometimes, the parents want to re-establish their parental bond by adopting their adult children.
Make your bond official
Family is much more than blood relations. You may take on a parental role for people you’ve sheltered, fostered, mentored, or co-raised with a domestic partner. Even if those people are over the age of 18, they can still become officially part of your family. You can legally recognize your bond and establish a legal–financial framework to continue caring for them.
The Texas Adoption Process
Adoption can involve a lot of paperwork, from consent forms to financial documentation to name changes. While adult adoptions typically have fewer hurdles than minor or stepparent adoptions, they still require thorough planning. Alexandra Geczi PLLC can help.
Keep in mind: the courts will always base their decisions on what’s best for the person being adopted. This means you, the petitioner, must prove your fitness to be the adoptee’s legal provider. To be successful, adult adoptions must reflect a legitimate reason that benefits all parties. And remember, consent is critical for both the potential adoptee and your spouse!
Step 1: File a Petition
Submit an original petition to adopt an adult to either the District Court or County court, depending on where you live. Filing fees vary, and you can get those details from your local Clerk of Court.
You are now considered the petitioner, and if you’re married, your spouse is as well. The person you intend to adopt is the adoptee. They will need to write the court with their voluntary consent to the adoption.
Step 2: Attend Your Hearing
The court will schedule a hearing date that you, your spouse, and the adult you wish to adopt all must attend. Be prepared to show the judge that you meet all requirements and have legitimate reasons to pursue the adoption.
Step 3: Update Legal Documents
Once your petition is granted, you can begin setting up the legal and financial framework for your new family. This may involve:
- A name change for the adoptee (not required, but may be recommended)
- Obtaining new driver’s license or Social Security card if the adoptee’s name was changed
- Opening shared financial accounts or adding the adoptee to certain legal records or assets
- Updating your will, account beneficiaries, and other inheritance documents
This step is where many families encounter unexpected questions: should your new family member legally change their name? Do they need to be added to your lease or mortgage documents? How can you make sure they’re included in your will?
Our team of experts at Alexandra Geczi PLLC is here to help your newly expanded family set up a happy future. While we focus on legal guidance for adult adoptions in Texas, we can refer you to estate planning attorneys and other legal professionals to handle all aspects of the process.
Frequently Asked Questions About Adult Adoption
Does adult adoption terminate the parental rights of the biological parents?
Yes, as with any adoption, the biological parents no longer have parental rights in the eyes of the law. However, they don’t need to consent to their biological child being adopted as an adult.
Do I need to pass a home study to adopt an adult?
No. That’s one reason why some families wait to adopt a child they’ve been fostering. Once the person turns 18, a home study is no longer required.
Do the person’s biological parents need to consent?
No, consent is no longer required from the biological parents. As the adoptee is now a legal adult, they can consent for themselves to be adopted. (And this consent is required for the adoption to proceed.)
If I adopt an adult, will my spouse also be considered their parent?
Adult adoption in Texas requires both spouses to be part of the legal process. One spouse may waive their parental rights, but they must sign a form stating they consent to you adopting the person.
Will the adopted adult have inheritance rights?
Yes, because the person you adopted is considered your legal descendant, they may be included in your will and estate.
What if the adult I wish to adopt is married or has siblings?
Adopting an adult has no bearing on that adult’s own legal relationships.