Adult Adoption
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Adult adoption is a form of
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
between two or more adults in order to transfer
inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...
rights and/or
filiation Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec: Filiation is the relationship ...
. Adult adoption may be done for various reasons including: to establish intestate inheritance rights; to formalize a step-parent/step-child relationship or a foster parent/foster child relationship; or to restore the original legal relationship between adult adoptees and their biological families. In Japan, adult adoption may be used in order to facilitate the continuance of a family business. This form of adoption is known as ''
mukoyōshi A is an adult man who is adopted into a Japanese family as a daughter's husband, and who takes the family's surname. Generally in Japan, a woman takes her husband's name and is adopted into his family. When a family, especially one with a wel ...
'' ("son-in-law adoption"). Adult adoption became a method to gain titles.
Hohenzollern-Sigmaringen Hohenzollern-Sigmaringen () was a principality in southwestern Germany. Its rulers belonged to the junior House of Hohenzollern#Swabian branch, Swabian branch of the House of Hohenzollern. The Swabian Hohenzollerns were elevated to princes in 162 ...
, Ascania and
Sayn-Wittgenstein Sayn-Wittgenstein was a county of medieval Germany, located in the Sauerland of eastern North Rhine-Westphalia. History Sayn-Wittgenstein was created when Count Salentin of Sayn-Homburg (1314-1392), a member of the House of Sponheim, married ...
have name bearers who are not recognized by the dynasty. Depending on the laws of the jurisdiction, adult adoption may not be available as a legal option. In the United Kingdom, only children may be adopted. The ''Adoption and Children Act (2002)'' states, "An application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application." In places where adult adoptions exist, it may or may not transfer
filiation Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec: Filiation is the relationship ...
in addition to inheritance rights. For example, in Colorado, one can adopt an adult of age 21 or older for inheritance purposes, but filiation will remain unaffected. However, adoption of a person between the ages of 18 and 20 (inclusive) transfers both inheritance rights and filiation. In countries where same-sex couples have not received the same legal protections as heterosexual couples, adult adoption of a partner has been used to ensure the property transfer to the surviving partner upon death.


Among same-sex couples

During the 1980s and 1990s, in absence of recognition of same-sex marriage, adult adoption was a way used by some persons having same-sex preference to let their partner inherit their estates. The process however involved the convoluted process of first getting rid of the formal parent child relationship of the adoptee from his/her biological parents and then applying for an adult adoption where his/her partner would be the adopter. In the 2010 book ''Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States,'' author Yuval Merin called adult adoption among same-sex couples "problematic" and noted that it had not gained popularity as a means to "circumvent the impossibility of same-sex marriage" at that time in the U.S.


See also

*
Adoption in Ancient Rome Adoption in ancient Rome was primarily a Roman law, legal procedure for transferring paternal power ''(patria potestas, potestas)'' to ensure Inheritance law in ancient Rome, succession in the male line within Roman paterfamilias, patriarchal soc ...
* Adoptee rights *'' Adult Adoption'', a 2022 Canadian film * : Adult adoptees


References

Kinship and descent Adoption law {{law-stub