In an adoption proceeding, an adult formalizes an on-going relationship and becomes the parent of a minor. Similarly, an adult may become the parent of another adult.
Allingham & Cuerva’s Experience with Adoption Proceedings
Our law firm has experience in minor and adult adoptions.
Adoption of a Minor
The adoption of minor can be a straightforward affair if the minor’s parent(s) agree to let the adopting parent adopt the child. Both birth parents must be contacted and both must agree if the adoption is to proceed without conflict. Typically one or both of the birth parents will waive his/her rights and responsibilities toward the child. If either parent opposes the adoption, then the process will become litigious and expensive, as the potential adopting parent will have to demonstrate that it is in the best interest of the child to be adopted.
Adopting a Consenting Adult
If the person being adopted is an adult who consents to the adoption, then the process can be straightforward. The birth parents still need to receive notice of the impending adoption, and they still may oppose it, which may delay the process. However, the birth parents cannot stop the adoption.
One adult may adopt the other for a variety of reasons. For example, a step-parent may adopt an adult that he/she helped raise form childhood, thereby formalizing a long-standing relationship. An adult may also adopt another to guarantee that that person will be able to inherit from his or her estate.
Having an Attorney Represent You
In a contested adoption, it is essential to have an attorney represent you. The attorney will research the legal issues of your case, prepare the paperwork to be filed, prepare you for any testimony you may to give, and appear with you in court. In contested adoptions, the attorney will develop a strategy for your case, conduct discovery to obtain all the necessary information, and present your case at the hearing.