Adult Adoption
Not all adoptions involve children. In North Carolina, adult adoption is a legal process that allows one adult to adopt another—typically to formalize a lifelong bond, establish inheritance rights, or affirm a chosen family relationship.
At NicholsonPham, we guide clients through adult adoption with sensitivity and clarity, helping them navigate a process that can carry deep emotional meaning and lasting legal benefits.
What Is Adult Adoption?
Adult adoption is the legal adoption of a person over the age of 18. While often simpler than minor child adoption, it still requires court filings and judicial approval. These adoptions are commonly used to:
- Establish inheritance rights
- Recognize the role of a stepparent, mentor, or long-term guardian
- Affirm a chosen family or non-biological parental bond
In North Carolina, adult adoption carries the same legal weight as any other adoption: the adoptee gains new legal parents, and the legal relationship with prior parents is terminated.
What’s Required to Adopt an Adult?
Unlike minor child adoption, adult adoption does not require consent from biological parents. However, North Carolina law does require notification of certain relatives, and the adoptee must consent to the adoption in writing. The court will review the petition, consider the circumstances, and issue a decree if the legal requirements are met.
Adult adoptions can also include a name change, if requested, and the issuance of a new birth certificate showing the adoptive parent(s).
Inclusive Legal Guidance for Every Family
At NicholsonPham, we are especially proud to support all kinds of families by choice including blended families, and individuals who are forging meaningful, long-standing relationships beyond traditional legal definitions. Adult adoption allows you to give legal recognition to the people who’ve shown up for you—whether or not they share your DNA.
Key Takeaways
- Adult adoption is permitted under North Carolina law and has the same legal effect as child adoption
- Common motivations include inheritance planning, chosen family recognition, and stepparent affirmation
- Consent of biological/legal parents is not required, but certain notifications are
- The adoptee must consent and may request a name change
- NicholsonPham provides clear, affirming guidance through the adult adoption process
Ready to formalize the bond you already feel? Let NicholsonPham help you complete your adult adoption with confidence and care. Contact us today for a consultation.
Comprehensive Adoption Services
ADULT ADOPTION FAQ's
You can do it under the law but it may not be a good idea. Prior to marriage equality, some couples performed an adult adoption in order to ensure inheritance rights between them. Now that same-sex marriage is legal in all fifty states, there are better options to make sure you and your loved one are protected, even if you don’t marry. Call our attorneys to talk through your family’s particular situation.
In an adult adoption, the consent of the original parent(s) is not required. However, the law requires that we give the parents notice of the adoption filing and they are allowed to come to court and object. The presiding Clerk of Court will have to determine that the adoption is not in your best interest before s/he will deny the adoption. Just because your original parent(s) doesn’t consent doesn’t mean you can’t be adopted by your family of choice.
That depends on what the petitioner requests. If the person adopting and the adoptee decide to change the adoptee’s name, they can do that in an adult adoption. Otherwise, the name of the adoptee stays the same.
Yes. It will. The legal ties to your other parent (whether deceased or not) will be severed and you will no longer be legally bound to that person.