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Adoption Law

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Can One Adopt An Adult Or Married Minor?

The adoption of an adult or a married minor is a much less complicated procedure than adopting an unmarried minor. For an adult this is because the prospective child is capable of consenting to the adoption himself. Of course, as with other adoptions, the prospective adoptive parent must obtain the consent of his spouse prior to adopting an adult or married minor. Similarly, the person to be adopted must also obtain consent from his or her spouse, in the event either is married, prior to being adopted. After the adoption, the adopted child and the adoptive parent will maintain the legal relationship as parent and child and have all the rights and be subject to all of the duties of that relationship from then on. The procedure for an adult adoption generally commences with the preparation of an adoption agreement which is executed by the prospective adoptive parent and the prospective adoptee, and which establishes the nature of the adoption and the consent of all parties thereto. Thereafter the prospective adoptive parent and adoptee will file a petition for approval in the court. The matter is then set for hearing and notice is given to all interested parties. The court is free to examine all facts and circumstances surrounding this adoption and either approves the adoption or not.

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