(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. 96-130 made technical changes, including changing “natural” to “biological” and “solemnized” to “celebrated” in Subsec. Delaware State Code, Title 13 Domestic Relations, Chapter 9. 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. Minnesota Statutes 2006, Chapters 245 – 267 Public Welfare and Related Activities, Chapter 259 CHANGE OF NAME, ADOPTION, 259.21 DEFINITIONS. (b) The consent of the person to be adopted shall be the only consent necessary, according to section 259.24. 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.Upon the approval of the court, the adopted person shall be in law the child of both. (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. 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:….. 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. 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. In the adoption of an adult, the adult’s written consent only shall be required. Access to the existing birth records shall be the same access that was permitted prior to the adult adoption.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. [L 1976, c 194, §1(11); gen ch 1985; am L 1986, c 166, §1] Idaho Statutes, TITLE 16 JUVENILE PROCEEDINGS, CHAPTER 15 ADOPTION OF CHILDREN, 16-1501. 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) 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 … (d) an adult who meets the conditions set forth in Section 3 of this Act; … 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. (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. (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. TOP Nebraska Revised Statutes , Chapter 43 INFANTS AND JUVENILES, 43-101. (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, …(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. (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. Illinois Compiled Statutes, Chapter 750, Act 50 “Adoption Act” , (750 ILCS 50/1) (from Ch. 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. (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.(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. 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. Adult adoption; form The adoptive parent and the person to be adopted shall consent to the adoption in an authentic act of adoption. — Any adult or minor may be adopted under this subtitle.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. (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. 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. Further reading: Jennifer Fairfax, “Adult Adoption”, Yale M. ” 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.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. The length and nature of the relationship between the person seeking to adopt and the proposed adoptee. (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. 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. (a) At the hearing the court shall examine the parties, or the counsel of any party not present in person.
The word “child” herein shall be construed to refer to the person to be adopted, though an adult. 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. 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.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. 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. TOP 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. (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. 259.89 ACCESS TO ORIGINAL BIRTH RECORD INFORMATION. Mississippi Code, Title 93 DOMESTIC RELATIONS, Chapter 017 ADOPTION, CHANGE OF NAME, AND LEGITIMATION OF CHILDREN SEC. 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.45-64a and 45-69b, deleting reference to reciprocal rights and duties of natural parent and child and detailed provisions re inheritance; P. 80-476 divided section into Subsecs., rephrased provisions and deleted reference to Sec. 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. (d) If the adopted person requests a change of name, the adoption decree shall order the name change 259.24 CONSENTS. (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. (1) An adult may adopt another adult or an emancipated minor pursuant to this section. 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. 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. 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. 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.NOTE: IT IS IMPORTANT TO OBTAIN PROFESSIONAL LEGAL ADVICE BEFORE PURSUING ANY ACTION. The court may require notice of the time and place of the hearing to be served on any other interested persons. (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. A person adopted pursuant to this part may take the family name of the adoptive parent. 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. (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. (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.