ADULT ADOPTION
In the state of Texas, an adult may adopt another adult by filing a petition to do so in a Texas family court. The adoption and family law attorneys at the Kalish Law Office in The Woodlands, Texas are skilled at handling adult adoption cases.
Adopting an adult is different from adopting a child. When a person is an adult, his or her parents no longer have "parental rights" relating to their offspring, and the biological parents no longer have a legal requirement to support, to take care of, or to visit him or her.
Therefore, in an adult adoption, the consent of the adoptee's biological parents is unnecessary. When a married person adopts a child in Texas, that person's spouse must join in the adoption and become an adoptive parent, too. When an adult is adopted, it is not necessary for both spouses to adopt. For example, a woman may choose to adopt another adult by herself, without her husband joining in the adoption and becoming an adoptive dad himself.
An adult adoptee may choose to change his or her name to match that of the adoptive parent(s).
Even though an adult adoption is different, it doesn't mean that it is automatic. A judge may still deny an adoption petition, and will inquire into the purpose of the adoption. If the purpose is unlawful, or "against public policy", the adoption will be denied. For instance, if the adoptee is attempting to use the adoption and name change to "disappear" from certain obligations or defraud someone, it will not be granted.
It is important to realize that adult adoptions do not give immigration benefits to the adopted person. In general, an adoption must be finalized prior to a child's 16th birthday in order for U.S. immigration benefits to apply. (although there is one exception in which the adoption may be completed before the child's 18th birthday). Although adult adoption may not be an option for immigration benefits, the family-based immigration attorneys at the Kalish Law Office can advise the parties whether or not other immigration options exist.
There may be other private or governmental benefits which cannot be obtained for an adult adoptee. It is important to consider all of the reasons for an adult adoption and seek a consultation with an attorney who is familiar with adoption law, immigration law, or other laws and regulations that may affect the adoption or the long-term goals of the individuals involved.
It is also important to note that, in some cases, obtaining an adoption can affect existing governmental benefits that the parties may already be receiving. It is important to know the facts about how an adoption may affect the parties involved.
Whether or not an adult adoptee can inherit through the adoptive parent(s) (and vice versa) depends on the court order, and on the language in a valid last will and testament, trust document, if there is one. For this reason it is important to consult an attorney who is familiar with inheritance law as well as adoption law. Kalish Law Office has been drafting wills and trusts and assisting clients with estate planning for over 25 years.
Attorneys Bob Kalish, Laura Kalish and Sio Ramirez Pitre are familiar with the laws regarding adult adoption in Texas, as well as family immigration law, inheritance law, and other laws and regulations affecting the lives of the family. The Kalish Law Office attorneys will consult with clients so that all available options are understood and the best decision can be made for the parties involved.
Contact us
If you have questions about issues relating to child support contact a firm that has helped thousands of families. We have an attorney and paralegal who are fluent in English and Spanish and we are available for evening appointments. Our office is conveniently reached via I-45 near The Woodlands Mall. Send us an email, or call us at 281-363-3700
