Adult Adoptions on The Rise

According to MSNBC and the Family Law Professor Blog, instances of adults legally adopting other adults have gone up.

I have to admit, when I first read that story, I found the whole idea of an adult legally becoming the “child” of another adult a little strange, and kind of creepy. I couldn’t really place my finger on why I felt that way. Maybe it’s because of the terminology used in these cases: the adult being adopted is often referred to as the “child” of the person(s) adopting them. It seems as if they’re trying to crawl back into the womb. Of course, on a rational level, I know that there are many good, practical reasons for adults to adopt another adult.

I have a few guesses as to why adult adoptions have increased, but I should stress that they’re just educated guesses. First, the economy continues to sputter, and doesn’t look like it will be firing on all cylinders any time soon. Many young adults, especially recent college or trade school graduates, are barely making ends meet, and lack any sense of economic security. If this person’s parents are deceased, or out of the picture for some other reason, it’s not inconceivable that an older friend might legally adopt them, in order to provide a sense of security. This is particularly likely if the adopter is estranged from their children, or never had children of their own.

Being the legal child of a person lets you more easily inherit a portion of that person’s assets if they die without a will. It also allows them to make medical and financial decisions on your behalf, if you become incapacitated, and allows you to do the same for your adoptive parents.

Another reason for the apparent increase in adult adoption is the fact that most people are becoming less rigid in how they define “family,” and the notion of creating a new family from scratch has become a bit more acceptable. I honestly see nothing wrong with this. If home is where the heart is, why can’t family be the same?

Another very important reason why adult adoption is becoming more popular is that most states allow adults to legally adopt other adults with relative ease. However, the majority of states don’t offer any legal recognition for same-sex couples.

However, if a person is legally the child of another, they are entitled to many of the same legal rights and obligations, with respect to the adopter, that a spouse would be. For example, under the laws of intestacy (when a person dies without a will), the spouse is usually the first person in line to inherit the decedent’s assets. However, if there is no living spouse, the decedent’s children are next in line. So, in an adult adoption situation, if the adopting partner died without a will, his or her surviving partner would be able to inherit the estate, since they are legally the partner’s child (assuming the partner isn’t married to another person).

Furthermore, in a legal parent-child relationship (in which both parties are adults), the parties can make legally-binding decisions for one another, in the event that one of them becomes incapacitated and unable to make or express such decisions. This is very important in the medical context, when one partner sometimes has to make medical decisions on the other’s behalf. This is a right that most married couples take for granted, but which same-sex couples in most states often have to jump through hoops to acquire these rights. Sometimes, adoption is one of the only options available to guarantee these rights.

Finally, an adult might adopt another adult because the person being adopted is severely disabled, and that person’s natural parents are unable to take care of him or her. This usually makes it much easier for the adopted parents to make decisions for their adopted child.

While most states allow adult adoptions, some of them only allow it under certain circumstances. For example, some states do not allow adult adoption unless the adoptee is disabled, and unable to become self-sufficient.

However, in most states, there are very few conditions. In many cases, all that’s required is the consent of the adult being adopted. Adopting a child is much more difficult, since, under the law, children generally cannot make their own legally-binding decisions. So, the state has a very strong interest in ensuring that the adoption is in the child’s best interests, so the prospective parents must go through a long list of background checks, home inspections, and other hurdles before they’re allowed to adopt a child. Because adults are presumed capable of making their own decisions, these hurdles don’t generally exist in adult adoptions.

It should be noted, however, that the law doesn’t look favorably upon adult adoptions that are clearly motivated by nothing but financial gain, or an attempt to defraud another party. In such cases, a court might not recognize the adoption.