Can you adopt someone older than you? The answer will depend on where you live since most adoption laws are state, not federal laws. In Arkansas, the answer is yes. In Arkansas, an adult may generally adopt another adult even if the person being adopted is older than the prospective adoptive parent. Arkansas adoption statutes permit the adoption of “any individual.” They do not require that the adoptive parent be older than the adult adoptee. The key questions are whether the parties meet the statutory consent and filing requirements and whether the court approves the adoption petition.
Why adopt someone older than yourself? Sometimes adult adoptions recognize a longstanding relationship. It’s possible that a younger person might stand in for a parent. You might have a chosen family, and one member of the group is ready to take on the role of a parent. You may also be stepparent to someone older than yourself. Adult adoption establishes a legal parental relationship, but it doesn’t define that relationship.
The law
Adult adoption, regardless of who is older, is different from adopting a minor. For children, Arkansas adoption law involves parental rights, custody, eligibility requirements, and a court’s assessment of the child’s best interests. Adult adoption is usually simpler because the person being adopted can make their own legally binding decision. For an adult adoption, the adult being adopted must give written consent. If that adult is married, their spouse must also provide written consent.
Arkansas law also identifies who may adopt. A married couple may petition together; an unmarried adult may adopt; and, in certain circumstances, a married person may file for adoption without their spouse. Examples might be when the spouses are legally separated, the spouse is unavailable or incapacitated, or the court finds that withholding consent is unreasonable.
Keep in mind that adoption is a legal status—not simply a sentimental recognition of a close relationship—so a court may examine whether the petition follows Arkansas law and whether the parties understand its consequences.
How to start
Adopting someone older than yourself is in many ways similar to adopting a child. The process normally begins with filing a verified petition for adoption in the appropriate Arkansas circuit court. For an adult adoption, either the petitioner or the person to be adopted must be physically present in Arkansas. It’s usual to file in the county where you or the adoptee live. The petition includes identifying information, such as the adoptee’s date and place of birth along with a birth certificate or other document. You’ll give the name the adoptee will use after the adoption as well as the adoptive parent’s basic information and marital status. You should also submit the written consents. If there is anyone (such as a spouse) whose permission is required but who has not yet given that permission, you must give their name.
A court hearing may follow. Adult adoption cases may not require a home study, you will need a lawyer—especially where either person is married, where there are complicated family relationships, or where inheritance, benefits, immigration, taxes, disability programs, or estate planning are involved. Your lawyer will make sure the paperwork uses the correct language and is filed in the proper court. This can help you avoid long, frustrating corrections later.
What happens next?
Once a final adoption decree is entered, Arkansas law creates a legal parent-child relationship between the adoptive parent and the adopted person for all purposes, including inheritance, unless a legal document expressly says otherwise. At the same time, the decree terminates the adopted person’s legal relationship with biological relatives, including inheritance rights through those relatives. There is an important exception for the petitioner’s spouse and that spouse’s relatives in a stepparent setting.
Because the consequences can reach inheritance and other legal rights, anyone considering this should consult an Arkansas family-law or estate-planning attorney before filing. An adoption law firm like Heimer Law is best prepared to handle all aspects of this type of adoption as well as more common kinds. Contact us today and see how we can help make a complicated situation go more smoothly.
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