Adult adoption in Arkansas is not as common as adoption of a newborn infant or a child, but there are many kinds of families, and adult adoption can be an important part of establishing your family structure. One example we encountered recently involved Social Security.
Recognizing an established relationship
Children in some cases receive survivor benefits under Social Security in the case of the death of a parent. Usually, those benefits end at age 18. Adult children do not as a rule inherit Social Security payments. However, in cases of certain disabilities, the survivor benefits can continue.
In the example we’re discussing, the child would be eligible for survivor benefits as an adult under his stepfather’s account. However, the individual’s birth father did not consent to the stepparent adoption, so the young man was not adopted.
Without the stepparent adoption, he was not legally the son of his stepfather and would not have been eligible for the benefits.
When the stepson reached 18, the stepfather, out of concern for his stepson’s future, wanted to adopt him. He had raised the young man along with the boy’s mother, and had a well-established loving relationship with him. If the birth father had consented to the adoption, it would have taken place years earlier.
Considering legal benefits
Social Security was the issue in this case, but there are many other legal advantages of an adoptive relationship. It might have been that the young man wanted to be able to make medical decisions for his stepfather, if he knew that his parents were failing and would require additional support. Inheritance rights may be simplified by adoption. These are practical reasons for making the loving choice of adoption, and they can be very good reasons for taking the action.
In the case of our example, it was a joy and a relief for the family to be able to finalize the adoption they had wished for for so many years.
In Arkansas, the individual to be adopted must be consent, and the spouse of that individual must also give written consent if he or she is married.
Every adoption journey is different
Every adoption journey has its own special characteristics. Heimer Law is an adoption law firm in Arkansas. We have extensive experience with a broad range of cases and will be able to help you and stand by you in your adoption, even if it seems to be an unusual or a particularly complex situation. Contact us today for a free consultation.
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