Mansfield | Adult Adoption

The Law Office of Wendy L. Hart

Adult Adoption

When someone says “adoption,” most people think of adopting a baby. Children can either be adopted as an infant or as an older child from foster care or by relatives or friends if both parents are unavailable or gone. However, adults can also be adopted once they turn 18 for several reasons. There are also distinct differences between child and adult adoptions you need to know before proceeding.

Are you considering an adult adoption in Mansfield? The Law Firm of Wendy L. Hart is ready to help with the Texas adult adoption process if you are considering adult adoption for your family.

What Is Adult Adoption in Mansfield?

Adult adoption is a legal procedure in which one adult adopts another to formalize a parent-child relationship. Unlike a child adoption, the only required consent is from the adult adoptee. Their biological parents are not involved. Stepparents can adopt a stepchild once they reach 18. Children raised by someone other than their biological parents or treated as family members by one or more individuals, such as siblings or other relatives, can also be adopted as adults.

Similar to child adoption, adult adoption involves one or two individuals becoming the legal parents of an adult. The process is simpler than a child adoption. However, not many law firms understand how adult adoptions work. That’s why it’s important to work with an adoption attorney who understands and knows how to handle them.

Other adult adoptions may involve a foster child who turns 18 or adoption by a legal guardian. Whatever the circumstances, an adult adoption establishes a legal bond and makes them “part of the family.” Becoming adopted as an adult can strengthen emotional bonds and provide family recognition and inheritance rights.

Informal relationships can become formal and legal once a person reaches 18. Adult adoption in Mansfield is a compassionate legal service allowing individuals and families to solidify their relationships and make them permanent.

Who Can Adopt or Be Adopted?

Any adult who resides in Texas can file for an adult adoption with the consent of the intended adoptee. Texas allows adoptions for people who are married, single, gay, a grandparent or other relative, or a foster parent. Since the adoptee is over 18, there is no requirement to terminate the rights of the biological parents. However, the process does not confer parental rights as it does with child adoption.

Stepparents, foster parents, mentors, caregivers, and close friends can file a petition to adopt an adult. If the petitioner is married, both parties must file and appear in court. Similar to child adoption, there is usually a significant age difference between the individuals. The adoptive parent must be older than the adoptee, and some jurisdictions may have specific age requirements for adult adoption.

Both parties must have the legal capacity to consent to the adoption and must be of sound mind without interference from anything that impairs judgment.

The Texas Adult Adoption Process

Although the process is easier than child adoption, you must follow the steps to complete your adoption.

Both parties must give voluntary, informed consent.
File an Original Petition for Adoption of an Adult in the county court where the adopter resides.
Both parties attend a court hearing where the judge reviews the petition and confirms consent.
Final Decree: The judge issues a final decree of adoption, legally establishing the parent-child relationship.

You’ll need a Consent of Adult Subject to Adoption form and a Decree of Adoption of an Adult form to begin the process.

Legal Effects of Adult Adoption

Adult adoption in Mansfield has many legal advantages for the parties involved, including:

Inheritance Rights

Adopted adults can inherit from their adoptive parents the same as any biological children would, making it ideal for someone who has no living children. If the parent dies without a will (“intestate”), the adoptee has the same legal status as other children. Note that an adopted adult will no longer inherit from their biological parents unless there is a will that names them as a beneficiary or the estate names the adoptee as one, such as in a life insurance policy or trust.

Insurance

If the adoptee has special needs, they can access needed health insurance through their adoptive parent(s).

Permanent guardianship

Someone who cared for a child as a guardian in place of an absent parent can adopt the adult and formalize the relationship going forward. The adopting person may or may not be a relative, and it is not the same as filing for adult guardianship. Adult adoption can be helpful if the adoptive parent is also a caregiver.

Name Change

Adopted adults have the option to change their last name to the adoptive parent’s name just as they would with a child adoption.

Parental Rights

Biological parents’ rights will not terminate as they would in a child’s adoption. The adopted adult can maintain ties with their biological parents if they wish.

Each family has its reasons for adopting an adult. Whatever your reason, we’re available to help make it easy.

Get In Touch

Phone

(817) 842-2336

Address

200 W. Oak Street Mansfield, TX 76063

Business Hours

Mon - Fri: 8:30 am - 4:00 pm

Wendy has worked on two separate family issues I have had. She always provides sound advice and recommendations regarding family law. She will always be the first person I go to when I have a question or a problem.

– Darcy

Frequently Asked Questions (FAQs)

These are some of the most common questions we receive about adult adoptions.

Do biological parents need to consent to adult adoption? No, only the adult adoptee must consent because there is no termination of rights.
Are background checks required? Typically, not for adult adoptions in Texas.
Where do I file? In the district or statutory county court in the county where the adopter lives.
Can I change my name after adoption? Yes, but it is optional.
Do I need a lawyer for an adult adoption? It’s not legally required. However, working with an attorney is highly recommended to ensure proper filing, and compliance with Texas law, and to avoid unnecessary delays or issues in court.
Is court attendance required? A brief court hearing is usually required, during which the judge will review the petition and consent before finalizing the adoption.
Is a home study required for adult adoption in Texas like it is for child adoption? Home studies, background checks, and social worker visits typically required in child adoptions are not required for adult adoptions.
Can a same-sex couple adopt an adult? Yes! There are no restrictions on who can adopt an adult in Texas, regardless of sexual orientation or marital status, as long as all legal requirements are met.
Do both parties have to appear in court? Yes, both the adopting adult and the adoptee must attend the court hearing unless a motion is filed to justify an absence.
Will a new birth certificate be issued? Yes, after the adoption is finalized, the adoptee can request a new birth certificate reflecting the adoptive parent’s name.
How does adult adoption affect inheritance rights? The adopted adult becomes the legal child of the adoptive parent(s) affecting inheritance and legal next-of-kin status.
How long does the Texas adult adoption process take? Typically, the process takes a few weeks to a few months, depending on the court’s schedule and how quickly the necessary paperwork is completed and filed.

As an experienced adoption law firm, The Law Office of Wendy L. Hart can answer all of your questions about Texas adult adoptions before you begin.

Obstacles To A Successful Adult Adoption

There are some instances where a court will deny an adult adoption:

If it appears that the adoption is to defraud creditors or escape other legal obligations, the court will deny the petition.
Texas state law does not allow adult adoptions for immigration.
An adult cannot involuntarily adopt another adult. Both parties must have the free will to participate in the adoption, but the court can deny the adoption if one party is under duress to agree.
The court will refuse the adoption if the parties are involved in a sexual relationship since it violates Texas state law governing incest.

Working with an experienced adult adoption attorney can help make the process easier for everyone involved.

Call a Mansfield Adult Adoption Lawyer Today

If you’re ready to begin the Texas adult adoption process, our Mansfield-based attorneys are here to guide you every step of the way. We offer a personalized consultation and can offer

Early guidance during the adoption process can make a significant difference, helping you avoid common pitfalls and ensuring a smoother path to building your family. If you’re ready to begin or continue your adoption journey, don’t hesitate to contact a Mansfield adoption lawyer for personalized advice and consultation.

Call Attorney Wendy L. Hart today at 817-842-2336 to learn how we can provide the legal and emotional support you need for a successful adoption.

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