Adult adoption

Adult adoption is a form of adoption between 2 or more adults in order to transfer inheritance rights and/or filiation. Adult adoption may be done for various reasons including: to establish intestate inheritance rights;[1] 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 natural families.[2]

In Japan, adult adoption may be used in order to facilitate the continuance of a family business.[3] This form of adoption is known as mukoyōshi (“son-in-law adoption”).[4] Adult adoption may also be used in some jurisdictions by same-sex couples in order to establish inheritance rights.[5]

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:

"4) 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."[6]

In places where adult adoptions exist, it may or may not transfer filiation 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.[7] However, adoption of a person between the ages of 18 and 20 (inclusive) transfers both inheritance rights and filiation.[8] In most other American states, both filiation and inheritance rights are transferred.

See also

References

  1. ↑ Ratliff, S. (2011). Adult Adoption: Intestate Succession and Class Gifts under the Uniform Probate Code, Northwestern University Law Review, Vol. 105, No. 4 (PDF)
  2. ↑ Healing Families Dismembered By Adoption.
  3. ↑ Mehrotra, V., Morck, R., Shim, J. & Wiwattanakantangd, Y. (2013). "Adoptive Expectations: Rising Sons in Japanese Family Firms" (PDF)
  4. ↑ The Economist (December 1, 2012). Keeping it in the family: Family firms adopt an unusual approach to remain competitive. .
  5. ↑ Jacobs, Deborah L. (May 20, 2009). "Adult Adoption a High-Stakes Means to an Inheritance". New York Times, Your Money, Estate Planning. .
  6. ↑ Adoption of Children Act (2002), Part 1 Adoption, Chapter 3 Placement for adoption and adoption orders, 49. Applications for Adoption
  7. ↑ Colorado Revised Statutes, Title 14 Domestic Matters, Article 1 Adoption - Adults, Section 14-1-101 "Adoption of Adults"
  8. ↑ Colorado Revised Statutes, Title 19 Children’s Code, Article 5 Relinquishment and Adoption, Part 2 Adoption, Section 19-5-201 "Who May be Adopted"

External links