Adoption is typically associated with children, but in Oklahoma, adults can be adopted too. Adult adoption is a unique and valuable legal process that allows one adult to become the legal child of another. While it is not as commonly discussed as the adoption of minors, adult adoption plays a significant role in family law. It can offer many benefits, such as formalizing an existing family relationship or securing inheritance rights. If you’re considering adult adoption in Oklahoma, it’s important to understand the process, the benefits, and how the law works to protect both the adopter and the adopted adult.
What Is Adult Adoption?
Adult adoption is the legal process in which one adult adopts another adult, creating a parent-child relationship in the eyes of the law. In Oklahoma, the process is similar to adopting a minor, with a few important differences. The key difference is that, since the person being adopted is an adult (18 years or older), they can legally make their own decisions about the adoption. The purpose of adult adoption can vary, but it is often used to formalize a family relationship that already exists or to secure important legal rights.
Adult adoption typically occurs in situations where a stepparent wants to legally adopt their spouse’s adult child, or where a close family friend or relative wants to formalize their bond with someone they have cared for. In these cases, adoption ensures that the legal relationship is recognized by the court, granting the adopted adult the same rights as a biological child, including inheritance rights and other family benefits.
Why Do People Pursue Adult Adoption?
There are many reasons why an adult might choose to adopt another adult. Some of the most common reasons include strengthening family bonds, securing inheritance rights, and establishing legal decision-making authority.
In some cases, adult adoption is pursued when a stepparent wants to formalize a relationship with their spouse’s adult child. Perhaps the stepparent has raised the child for many years and wants to ensure that their bond is legally recognized. In these situations, adult adoption helps affirm the emotional and familial connection that already exists.
Another important reason for adult adoption is inheritance. In Oklahoma, an adopted adult has the same inheritance rights as a biological child. If a biological parent passes away without a will, the adopted adult will inherit as if they were a biological child. This can be critical for adults who want to ensure that their relationship with their adoptive parent is legally recognized in the event of their passing.
Additionally, adult adoption can be used to establish legal authority in situations where a family member might need assistance. For example, if an elderly relative needs help making medical decisions or managing finances, adult adoption can make the adopter the legal guardian or decision-maker for that individual.
What Is the Process for Adult Adoption in Oklahoma?
The process for adult adoption in Oklahoma is relatively straightforward compared to adopting a child. It involves filing a petition with the court and attending a hearing, where the judge will review the petition and decide whether the adoption is appropriate. For the adoption to proceed, both the adult adopting and the adult being adopted must give their consent.
The first step is for the petitioner (the adopting adult) to file an adoption petition with the court in the county where they live. This petition will outline the relationship between the adopter and the adopted adult and explain why the adoption is in the best interest of both parties. Unlike child adoption, where there is a focus on protecting the child, the primary concern in adult adoption is ensuring that both adults consent to the process and that it aligns with their intentions.
Once the petition is filed, a court hearing will be scheduled. At the hearing, both parties must appear before the judge, who will review the petition and the reasons for the adoption. The judge will also want to ensure that both individuals understand the legal consequences of the adoption. If everything is in order, the judge will grant the adoption and issue an order of adoption, officially making the adopted adult a legal child of the adopting adult.
Do Biological Parents Need to Consent to Adult Adoption?
One of the key differences between adopting a minor and adopting an adult is that biological parents do not need to consent to adult adoption. Since the person being adopted is an adult, they have the legal right to make their own decisions. This means that the biological parent’s rights to the adult child are not affected by the adoption.
However, in some cases, biological parents may be involved if the adoption is being pursued for inheritance purposes. For example, if the adopted adult wants to ensure that they have the same inheritance rights as a biological child, it may be important to clarify that the adoption will not affect the rights of any biological parents involved. In Oklahoma, once the adult adoption is finalized, the adopted adult will have inheritance rights similar to those of biological children.
How Long Does the Adult Adoption Process Take?
The adult adoption process in Oklahoma is usually quicker than the adoption of a minor. Once the petition is filed, it typically takes a few months for the court to schedule a hearing. The timeline can vary depending on the complexity of the case and the court’s schedule, but in most cases, the process can be completed within three to six months.
At Titus Hillis Reynolds Love, we work closely with our clients to ensure that all necessary paperwork is filed promptly and that the court hearing goes smoothly. Having experienced legal representation can help ensure that everything is handled correctly and efficiently.
What Happens After Adult Adoption is Finalized?
Once the adoption is finalized, the adopted adult will have the same legal rights as a biological child. This includes the right to inherit from the adopting parent, the ability to make medical decisions on behalf of the adopter if needed, and other rights related to family law. In most cases, the adopted adult’s name will remain the same, although they may choose to change it if they wish.
Additionally, the court will issue an official adoption decree, which makes the adoption legally binding. This decree will be added to the legal records and serve as proof of the new parent-child relationship. After the adoption is finalized, both the adopter and the adopted adult will be able to enjoy the legal protections and benefits that come with this formalized family bond.
How Can Titus Hillis Reynolds Love Help with Adult Adoption in Oklahoma?
At Titus Hillis Reynolds Love, we assist our clients with adult adoption with dedication and care, and are here to help you and your family understand all aspects of this important legal process. Our experienced family law team provides personalized advice and representation to ensure your adoption is completed efficiently.
Whether adopting a stepparent's child or formalizing a family bond, we can help you through the legalities. Adult adoption can strengthen family ties, secure inheritance rights, and protect decision-making authority. Contact us today to schedule a consultation and make the process smooth and seamless.