Adult adoptions in Arizona may seem like a unique legal process, but they serve a meaningful purpose for many individuals and families. In this blog, we will explain all there is to know about adult adoptions, addressing why people choose to pursue them and what you need to know if you’re considering this legal avenue.
Why Adult Adoptions?
Many people assume that adoption is only for minors, but there are many reasons and benefits as to why you might want to adopt another adult. While these situations may seem rare, they are becoming increasingly popular for various reasons.
Emotional Bonds: Some people adopt an adult to solidify an emotional bond. This is common when an individual has been a caregiver or mentor to the person they want to adopt. The legal process serves to recognize and strengthen this existing connection.
Inheritance and Estate Planning: Adult adoptions can simplify inheritance and estate planning. By legally adopting someone, you can ensure they receive certain benefits, such as inheritance, social security, or medical decisions, even if you’re not biologically related.
Personal Fulfillment: Adult adoptions can be a way to create a sense of belonging and family unity. It’s a way of making a formal commitment to someone who has been a significant part of your life.
6 Things You Need to Know About Adult Adoptions in Arizona
If you’re considering adult adoption in Arizona, there are some key things you should be aware of:
1. Consent
The consent of both parties involved in adult adoptions is crucial. The person being adopted and the adopting adult must be willing participants. The consent of the biological or current legal parent (who is being replaced) is not required.
2. Age Requirement
If you have no familial relationship with the adult you want to adopt, the adoptee must be between 18-21 years old. If the adult you want to adult is a stepchild, niece, nephew, cousin, or grandchild, the 18-21 age limit does not apply. If you are a foster parent and the adult you want to adopt was placed as a juvenile, there is no age requirement. However, the foster parent must have maintained a continuous familial relationship with that person for five or more years.
For more information, please review Arizona Revised Statutes (“A.R.S.”) section 14-8101.
3. Parent-Child Relationship
Adult adoptions establish a new legal parent-child relationship, and a certificate of adoption will be sent to the Office of Vital Records to have a new birth certificate created that will include the new parent. The adult adoptee has the option to also include a name change if desired.
4. Legal Representation
It’s advisable to seek legal counsel to navigate the process of adult adoptions. An attorney can guide you through the paperwork, help ensure you meet all the requirements, and handle any legal complications that may arise.
5. Legal Rights
After an adult adoption is finalized, the adoptee gains legal rights, including the right to inherit from their adoptive parent and access certain benefits. Understanding how this will impact your family and estate planning is important.
6. Public Records
Adult adoptions in Arizona are public records. This means that they can be accessed by anyone who requests them, so it’s important to be aware of the potential loss of privacy.
Adult Adoptions in Arizona
Adult adoptions in Arizona are a unique and meaningful legal process that can strengthen and formalize existing relationships. Whether for emotional bonds, inheritance planning, or personal fulfillment, there are valid reasons why people choose to go through this process. However, it’s important to be aware of the requirements and legal implications, and seeking legal guidance is highly recommended to ensure the process goes smoothly. Here at Stuart and Blackwell, we can help guide you through this process or answer any questions. Adult adoptions may not be as common as traditional adoptions, but they can be just as significant for those involved.
Contact Stuart & Blackwell at stuartandblackwell.com/contact/ or call (480) 420-2900 to schedule an initial consultation.