Most adult adoptions occur in the context of a stepparent-stepchild relationship that has already existed for several years, but has just never been given the legal recognition of a formal adoption. The family relationship is strong and loving, but legal recognition of that relationship has important benefits.
Benefits of Completing an Adult Adoption
Completing the process of adopting an adult brings full legal recognition of the parent-child relationship between the adopting parent and the adult who is being adopted. Even though other family members may already treat the person as “part of the family” there are certain rights that come with being formally adopted as a legal part of the family.
Legal Standing in Family Decision-Making:
As parents age, it becomes more likely that decisions may need to be made by other family members on the parents’ behalf. Formal appointment of a guardian may be necessary. Medical decisions and end-of-life care decisions may need to be made. Utah statutes establish priorities for the authority to make such decisions when the parent has not previously made formal legal arrangements. The statutory priorities include adopted children on the same footing with natural-born children; whereas a stepparent-stepchild relationship does not carry the same legal standing.
Inheritance Rights:
Utah law on intestate succession does not provide any inheritance rights for a stepchild who has not been legally adopted. Further, if a parent has created a last will and testament or living trust that does not specifically address the status of a stepchild, Utah law does not automatically provide a stepchild with any right to inherit. Legally adopting an adult stepchild will ensure legal recognition equal with any other biological child.
Eligibility and Access to Benefits:
An adult stepchild may not be eligible for various benefits that might be available following formal adoption. These can include health insurance coverage or other employer-sponsored benefit plans and even eligibility for social security benefits. The legal adoption process can give access to benefits not otherwise available to an adult stepchild.
Parental Priority for Care:
An adult stepchild may still rely on a parent or stepparent for support, care, or guidance. Legal adoption puts the stepparent in a position to assert priority for appointment as guardian or conservator or in other circumstances where parental standing is important.
Psychological and Emotional Benefits:
A formal adoption may not change the nature of familial love and care that already exists. But there is still something different about being able to introduce yourself as being the father or mother (rather than stepfather or stepmother) or for an adult stepchild to be able to legally change their name to clearly match the rest of the family. Adult adoption is a meaningful way to formalize existing family ties, regardless of biology, providing a sense of stability and security.
The Process of Adopting an Adult in Utah
Initial Requirements
- The prospective adoptive parent must be at least 10 years older than the adoptee.
- The adoptee must be a U.S. citizen or legally residing in the United States.
Filing a Formal Petition with the Court
The adopting parent must submit a petition for adult adoption to the district court where the adopting parent resides or if the adopting parent does not live in Utah, in the district court where the adoptee was born, where the adoptee lives, or where the parent of the adoptee lives.
Notice and Consent
Each of the following people must receive notice of the adoption case and are required to consent to the adoption of an adult:
- The adoptee (or their legally appointed guardian or custodian, if applicable)
- The prospective adoptive parent
- If the prospective adoptive parent is married, their spouse must consent to the adoption.
- The adoptee’s spouse (if there is one) must receive notice or sign a waiver of notice.
- In most situations, the adoptee’s legal parents do not have to be notified about the adoption case or consent to the adoption. However, once the adoption is final (unless the judge waives the notice requirements), the adoptee must give notice of the adoption to their former legal parent.
Attend Court Hearing
After the papers are filed with the court, the court will schedule a hearing. A Judge will review the petition to ensure everything is in order, and then the adoptive parents and the adoptee will sign documents agreeing to the adoption. If the judge approves the adoption, a court will issue an order granting the adoption.
Finalization
When the judge signs the adoption decree, the adoptee is the legal child of the adoptive parents. A new birth certificate will also be issued to conform with the new legal parent-child status.