Experienced Kansas Adoption Attorney Explains: Adult Adoption
Many images come to mind when a person mentions adoption—a baby carried into a home, a child leaving foster care and entering a new family, a child entering the United States from a foreign country. What comes to mind less frequently is adult adoption, where one person over 18 adopts another. However, adult adoption is common in Kansas and serves many noble purposes.
If you are considering an adult adoption, you will need the assistance of an experienced adoption attorney. Hiring an experienced Kansas adoption attorney can help you navigate this process without problems, call McDowell Chartered at (316)-269-0746 to get the advice you need.
The Adult Adoption Process in Kansas
Kansas law states that for an adult to be adopted, only the permission of the adult, as well as the spouse of the adult to be adopted if they are married, is required. Thus, the adult to be adopted does not need to have the permission of his or her biological parents before being adopted by new, adoptive parents. However, in the case of a disabled adult, the permission of the legal guardian is needed. The legal process of the adoption remains the same in adult adoptions as in child adoptions. The relevant paperwork must be filled out and submitted to the courts. If the adoption is approved, a new birth certificate will be issued for the adopted adult showing the adoptive parents as the legal birth parents. The adopted person’s legal relationships with his or her adoptive parents are effectively severed. The adopted person can then change their last name if they desire. The records of the adoption are sealed, and the adoption is then considered complete.
Common Reasons for Adult Adoption
I have seen many reasons for adult adoptions here in Kansas, and many are based on a desire to create a clearer legal relationship between the adoptive parent and the adult he or she is adopting. Here are a few of the most common reasons:
Abusive or Neglectful Biological Parents—Sadly, some people make poor parents. In these situations, adult children often find a parental figure in life that is not his or her biological parent. Often this bond is very strong, and adult adoption makes it legally official.
Financial Legacy—Some people want to will their estates to people who are very special to them, but who are not biologically related to them. In these situations, it often simplifies things if the beneficiary is legally adopted.
Physical and Mental Disabilities—When a person with physical or mental disabilities has no living relatives, it can be legally challenging for third parties to make financial and medical decisions on his or her behalf. In this situation, adoption often makes this relationship much simpler and allows a caregiver to act without unnecessary constraints.
Biological Birth Parent Adoption—A person sometimes reconnects with their biological parent later in life after the biological parent put them up for adoption. In this situation, the adoption is often an important symbolic gesture reconnecting two adults.
When Will and Adult Adoption be Denied?
Interestingly, only in certain cases is adult adoption denied. The most common reason for a court’s denial of an adoption petition is due to a preexisting sexual relationship between the parties. The court is legally formalizing the relationship between parent and child, so any sexual relationship, even in the form of a same-sex couple, will prevent the court from granting the adoption. Another example would be where there is some evidence that the adoption is being carried out to perpetuate some type of fraud.
What Should I Do If I am Considering an Adult Adoption in Kansas?
Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adult adoption process. There are many reasons for adult adoption, and an experienced adoption attorney can walk you through the legal steps you will need to take. Call us at (316)-269-0746 to set up an appointment and to discuss your adult adoption needs.
