Adult Adoption Petition

PETITION FOR ADULT ADOPTION

COURT CAPTION

[STATE] PROBATE COURT / FAMILY COURT / SUPERIOR COURT
COUNTY OF [COUNTY]

In the Matter of the Adoption of:

[ADULT ADOPTEE'S NAME], an Adult

Case Number: [TO BE ASSIGNED]

PETITION FOR ADULT ADOPTION

PETITIONER INFORMATION

Petitioner 1 (Adopting Person)

Petitioner 2 (Co-Adopting Person, if applicable)

ADOPTEE INFORMATION

Adult to be Adopted

SECTION I: RELATIONSHIP BETWEEN PARTIES

1.1 Prior Relationship

Describe the relationship between Petitioner(s) and Adoptee:

☐ Stepparent-stepchild (Petitioner is/was married to Adoptee's parent)

☐ Foster parent-foster child

☐ Former legal guardian

☐ Aunt/Uncle

☐ Grandparent

☐ Cousin

☐ Other relative: _____________

☐ Non-relative with close personal relationship

☐ Other: _____________

1.2 Duration of Relationship

1.3 Purpose of Adoption

State the reason(s) for seeking adult adoption:

☐ To formalize an existing parent-child relationship

☐ To create inheritance rights

☐ To allow Adoptee to use Petitioner's surname

☐ To provide emotional security and family recognition

☐ To honor a long-standing family bond

☐ Other: _____________________________________________________________________________

Narrative Statement:

_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

SECTION II: CONSENT REQUIREMENTS

2.1 Consent of Adult Adoptee

☐ The Adult Adoptee consents to this adoption

☐ Written consent of Adoptee is attached (Exhibit A)

2.2 Consent of Adoptee's Spouse (if applicable)

☐ Adoptee is not married - consent not required

☐ Adoptee is married and spouse consents (written consent attached as Exhibit B)

☐ Adoptee is married and spouse's consent is not required because: _____________

2.3 Consent of Petitioner's Spouse (if applicable)

☐ Petitioner is not married - not applicable

☐ Co-Petitioner spouse is joining in this petition

☐ Petitioner's spouse consents but is not joining as co-Petitioner (consent attached as Exhibit C)

☐ Petitioner's spouse's consent is not required because: _____________

2.4 Other Consents

State-specific requirements may require consent of:

☐ Adoptee's living biological/legal parents

☐ Other parties: _____________

☐ No other consents required under applicable state law

SECTION III: ADOPTEE'S BIOLOGICAL/LEGAL PARENTS

3.1 Biological/Legal Mother

3.2 Biological/Legal Father

3.3 Effect on Biological Parents

☐ This adoption will terminate the legal parent-child relationship between Adoptee and biological parent(s)

☐ This adoption will NOT affect existing parent-child relationships (stepparent adoption)

☐ Other: _____________

SECTION IV: JURISDICTIONAL ALLEGATIONS

4.1 Residency

☐ Petitioner resides in [COUNTY], [STATE]

☐ Petitioner has resided in [STATE] for at least [NUMBER] months/years

☐ Adoptee resides in [COUNTY], [STATE]

☐ Other jurisdictional basis: _____________

4.2 Venue

Venue is proper in [COUNTY] because:

☐ Petitioner resides in this county

☐ Adoptee resides in this county

☐ Other: _____________

4.3 Age Requirements

State-Specific Age Requirements:

☐ Petitioner meets all age requirements under [STATE] law

☐ Petitioner is at least [10] years older than Adoptee (if required)

☐ Age difference requirement does not apply because: _____________

SECTION V: STATUTORY ELIGIBILITY

5.1 Petitioner Eligibility

Petitioner affirms:

☐ Petitioner is legally competent to enter into this adoption

☐ Petitioner is not the spouse of the Adoptee

☐ Petitioner meets all eligibility requirements under [STATE] law

☐ Other: _____________

5.2 Adoptee Eligibility

Under applicable state law:

☐ Adoptee is 18 years of age or older

☐ Adoptee is a current or former stepchild of Petitioner

☐ Adoptee was formerly a foster child of Petitioner

☐ Adoptee is a niece, nephew, cousin, or grandchild of Petitioner

☐ Petitioner has maintained a continuous familial relationship with Adoptee for [NUMBER] years

☐ Other qualifying relationship: _____________

5.3 State-Specific Limitations

Note: Some states have restrictions on adult adoption:

☐ This adoption does not violate any state-specific prohibition

☐ Adoptee is under age [21] and qualifies for adoption as a minor/young adult under [STATE] law

☐ This adoption complies with all applicable state requirements

SECTION VI: LEGAL EFFECTS OF ADOPTION

6.1 Creation of Parent-Child Relationship

Upon entry of the adoption decree:

☐ Petitioner(s) shall be the legal parent(s) of Adoptee

☐ Adoptee shall be the legal child of Petitioner(s)

☐ All legal rights and obligations of parent and child shall exist

6.2 Inheritance Rights

☐ Adoptee shall have the right to inherit from Petitioner(s) as a child

☐ Petitioner(s) shall have the right to inherit from Adoptee as a parent

☐ Adoptee's descendants shall inherit through Adoptee

☐ Inheritance rights from biological parents: ☐ Terminated ☐ Retained (varies by state)

6.3 Name Change

☐ Adoptee's name shall remain [CURRENT NAME]

☐ Adoptee's name shall be changed to [NEW NAME]

☐ Name change shall be reflected on amended birth certificate

6.4 Birth Certificate

☐ Request issuance of amended birth certificate showing Petitioner(s) as parent(s)

☐ Original birth certificate to be sealed (if permitted by state law)

SECTION VII: AGREEMENT OF PARTIES

7.1 Written Agreement

☐ Petitioner(s) and Adoptee have entered into a written agreement for this adoption

☐ Agreement is attached as Exhibit D

☐ No written agreement is required under [STATE] law

7.2 Terms of Agreement (if applicable)

_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

SECTION VIII: PRAYER FOR RELIEF

WHEREFORE, Petitioner(s) respectfully request(s) that this Court:

A. Find that all statutory requirements for adult adoption have been met;

B. Find that all necessary consents have been obtained;

C. Enter a Decree of Adoption establishing Petitioner(s) as the legal parent(s) of [ADOPTEE NAME];

D. Order that the Adoptee's legal name be [NEW NAME] (if name change requested);

E. Order the State Registrar of Vital Statistics to issue a new/amended birth certificate reflecting the adoption;

F. Grant such other and further relief as the Court deems just and proper.

SECTION IX: VERIFICATION

I/We, [PETITIONER NAME(S)], being duly sworn, declare under penalty of perjury:

☐ I am/We are the Petitioner(s) in this action

☐ I/We have read this Petition and know its contents

☐ The facts stated herein are true and correct to the best of my/our knowledge

☐ I/We desire to adopt [ADOPTEE NAME] and establish a legal parent-child relationship

☐ I/We understand the legal consequences of this adoption

Executed on [DATE], at [CITY, STATE].

Petitioner 1:

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

Petitioner 2 (if applicable):

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

ADULT ADOPTEE'S CONSENT AND JOINDER

I, [ADOPTEE NAME], the adult to be adopted, hereby state:

☐ I am [AGE] years of age

☐ I consent to my adoption by [PETITIONER NAME(S)]

☐ I understand the legal effects of this adoption

☐ I am entering into this adoption voluntarily and of my own free will

☐ I request that my name be changed to [NEW NAME] (if applicable)

☐ I join in this Petition for Adult Adoption

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

NOTARY ACKNOWLEDGMENT

State of [STATE]
County of [COUNTY]

On [DATE], before me, [NOTARY NAME], a Notary Public, personally appeared [NAMES OF ALL SIGNING PARTIES], proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument and acknowledged that they executed the same.

WITNESS my hand and official seal.

Notary Signature: _________________________________

Print Name: _________________________________

Commission Expires: _________________________________

Commission Number: _________________________________

[NOTARY SEAL]

CONSENT OF SPOUSE(S) (if applicable)

Consent of Adoptee's Spouse

I, [SPOUSE NAME], spouse of [ADOPTEE NAME], hereby consent to the adoption of my spouse by [PETITIONER NAME(S)].

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

Consent of Petitioner's Spouse (if not co-Petitioner)

I, [SPOUSE NAME], spouse of [PETITIONER NAME], hereby consent to my spouse's adoption of [ADOPTEE NAME].

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

STATE-SPECIFIC NOTES

California

• Governed by California Family Code Sections 9300-9340
• Adult adoptee must consent
• Stepparent adoption: no age difference requirement
• Non-stepparent adoption: generally allowed with consent
• Petition filed in Superior Court

Texas

• Governed by Texas Family Code Chapter 162
• Adult adoption permitted with consent of adult adoptee
• Court may require written agreement between parties
• No home study typically required
• Petition filed in court with jurisdiction over adoptions

Florida

• Governed by Chapter 63, Florida Statutes
• Adult consent required
• May require consent of adoptee's spouse
• Simplified process compared to minor adoption
• No home study required

New York

• Governed by New York Domestic Relations Law Article 7
• Adults over 18 can be adopted
• Adoptee must consent
• May file in Surrogate's Court or Family Court
• Limited restrictions on who can adopt whom
• Cannot adopt one's own spouse

Arizona

• A.R.S. Section 14-8101
• Adults 18-21 may be adopted as minors or adults
• Adults over 21 can be adopted if stepchild, niece, nephew, cousin, or grandchild
• Foster parent can adopt adult if in care 5+ years with continuous relationship
• Agreement of parties required

Colorado

• Persons 18-21 can be adopted as minors
• Adults over 21 petition juvenile court
• Simplified procedures available

Idaho

• Adoptee must have lived with prospective adoptive parent for at least one year before adoption

Indiana

• Adult must be at least 18
• Petition filed in probate court of county of residence
• Consent acknowledged in open court

Michigan

• Consent of adult adoptee required
• No consent of other individuals required
• Simplified process

New Jersey

• Prospective adoptive parents must be at least 10 years older than adoptee

EXHIBITS/ATTACHMENTS

☐ Exhibit A: Written Consent of Adult Adoptee

☐ Exhibit B: Written Consent of Adoptee's Spouse (if applicable)

☐ Exhibit C: Written Consent of Petitioner's Spouse (if applicable)

☐ Exhibit D: Agreement Between Parties (if required)

☐ Exhibit E: Birth Certificate of Adoptee

☐ Exhibit F: Proof of Death (if biological parent deceased)

☐ Exhibit G: Marriage Certificate of Petitioner(s) (if applicable)

☐ Exhibit H: Proof of Residence

☐ Filing Fee or Fee Waiver Application

ORDER/DECREE OF ADULT ADOPTION

(For Court Use)

[STATE] PROBATE COURT / FAMILY COURT / SUPERIOR COURT
COUNTY OF [COUNTY]

Case Number: [NUMBER]

DECREE OF ADULT ADOPTION

This matter coming before the Court upon the Petition for Adult Adoption filed by [PETITIONER NAME(S)], and the Court having considered the petition, evidence, and applicable law, finds:

☐ All statutory requirements for adult adoption have been satisfied

☐ All necessary consents have been obtained

☐ The adoption is in accordance with the laws of [STATE]

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

1. The Petition for Adult Adoption is GRANTED.

2. [ADOPTEE NAME] is hereby declared to be the legal child of [PETITIONER NAME(S)] as fully as if born to them.

3. All rights and responsibilities of the parent-child relationship shall exist between the parties.

4. Adoptee's legal name shall be: [NAME]

5. The State Registrar of Vital Statistics is directed to issue an amended birth certificate.

DATED: _________________________________

_________________________________
JUDGE

DOCUMENT CONTROL

This Petition is provided for informational purposes only. Adult adoption laws and requirements vary significantly by state. Some states restrict who may be adopted as an adult. Consult with a qualified attorney licensed in your jurisdiction before filing.