To file adult adoption papers, you prepare a petition and a written adoption agreement, gather signed consent forms from both parties (and any spouses), file everything with the court in your county that handles adoptions, pay the filing fee, and appear at a short hearing where the judge signs a decree. The process is markedly simpler than child adoption because no parental rights are being terminated and a home study is almost never required. Rules and forms vary by state, so confirm the specifics with your local court before you file.
Confirm You’re Eligible Before You File
Both people must be legal adults. The adopter has to be at least 18, and so does the person being adopted. Beyond that baseline, states add their own conditions, and a few of them will stop your case cold if you miss them.
Several states require a minimum age gap. New Jersey requires the adopter to be at least 10 years older than the adoptee. Virginia requires at least a 15-year gap for adoptions that don’t fall into a specific family category. Other states only require the adopter to be older, without a set number of years.
Some states also limit who can be adopted as an adult. Alabama restricts adult adoption to individuals who are permanently disabled or have an intellectual disability. Arizona limits it to stepchildren, nieces, nephews, cousins, grandchildren, and certain former foster children. Idaho requires that the adopter served in a parental role for at least a year during the adoptee’s childhood, or that a substantial family relationship exists. Illinois requires the adoptee to have lived in the adopter’s home for at least two continuous years, or to be a family relation.
Virtually all states prohibit adoption between spouses and between closely related adults like siblings, uncles, or aunts. The adoption has to create a parent-child relationship, not formalize a different kind of tie. Connecticut’s statute spells this out, and most states follow the same logic.
If either party is married, most states require the spouse to sign a consent form as well. That’s because adopting someone creates a new legal heir, which affects a spouse’s share of an estate. Where spousal consent is mandatory and a spouse refuses, the case can’t move forward.
Biological parents generally do not need to consent, because parental rights aren’t being terminated. Most states don’t even require that biological parents be notified, though a handful do require notice. Your court clerk’s office can tell you whether notification is required where you’re filing.
Documents to Prepare
Missing a single form can delay your hearing by weeks. Assemble these before you go to the courthouse:
- Petition for adoption. The core filing. It identifies both parties by name, date of birth, and address, describes the relationship, and states why the adoption is being sought. Most courts provide a fill-in-the-blank form.
- Written adoption agreement. A signed document in which both parties agree to assume the legal relationship of parent and child. Some courts combine this with the petition into one form.
- Consent forms. Separate signed consent from each party, and from any spouse where required. These usually need to be notarized.
- Birth certificates. A copy of the adoptee’s birth certificate, and sometimes the adopter’s. Some courts want a certified copy at the hearing even if a photocopy was filed with the petition.
- Photo identification. Government-issued ID for both parties.
A few jurisdictions ask for extras like a short affidavit from someone who knows the relationship, or a financial statement from the adopter. Call the clerk’s office at the court where you plan to file and ask for a complete checklist. Home studies, which child adoptions require, are almost never part of adult adoption.
Where to File and What It Costs
File in the court with jurisdiction where either the adopter or the adoptee lives. Depending on the state, that might be a probate court, family court, surrogate’s court, or circuit court. The name changes; the function is the same. If you’re not sure which court handles adoptions in your county, check the county court’s website or call the general clerk’s line.
Bring your originals plus at least three copies of every document. The clerk reviews your packet for completeness, stamps your copies, and collects the filing fee. Filing fees generally range from about $100 to $500. Some courts offer fee waivers based on financial hardship, so ask the clerk for a waiver application if cost is a concern.
Attorneys are optional. Many people file adult adoptions themselves because the forms are standardized and courts are used to self-represented filers. If you hire one, flat rates typically run between $1,500 and $4,000, and hourly rates around $300 to $500 are common. A lawyer is worth the money if your state has unusual eligibility rules or if you expect inheritance disputes.
Budget roughly $200 to $600 for incidental costs: notarization (typically $5 to $15 per signature), certified copies of the decree ($10 to $25 each), and later an amended birth certificate.
After You File
Once the clerk accepts your petition, the court assigns a case number and sets a hearing date, usually within a few weeks to a couple of months. The clerk will tell you whether you need to serve notice on anyone else, which matters in the small number of states that require notice to biological parents. Some courts mail the hearing date; others tell you on the spot.
What Happens at the Hearing
Both the adopter and the adoptee have to appear. The hearing is brief. The judge reviews the petition, confirms both parties understand what they’re agreeing to, and asks a few questions to make sure the adoption is voluntary. Expect questions about how you know each other, why you want to formalize the relationship, and whether anyone is pressuring anyone.
If everything checks out, the judge signs the final decree of adoption at the hearing. That decree is the document you’ll use for every post-adoption change. Some courts hand you certified copies immediately; others mail them. Ask ahead so you know when to expect them.
A small number of courts will waive the hearing entirely when the paperwork is clean and no one objects, and issue the decree on the papers alone. Don’t count on it. Plan to appear.
What to Update After the Decree
A signed decree changes the legal relationship, but a few things need your action to catch up.
Name Change
Most petition forms include a line to take the adopter’s surname. If the judge approves the name change with the adoption, it’s handled in one step. After that, update Social Security first, since most other agencies (driver’s license, passport, banks) want to see the updated Social Security card as proof.
Birth Certificate
Most states allow the adoptee’s birth certificate to be amended to list the adoptive parent in place of a biological parent. Submit a certified copy of the decree to the vital records office in the state where the adoptee was born, along with the required application and fee. Processing usually takes several weeks to a few months. The original is typically sealed, and a new one is issued.
Wills and Beneficiary Designations
Once the decree is signed, the adoptee gains the same inheritance rights as a biological child under state intestate succession laws. In many states the adoption also cuts off the adoptee’s right to inherit from biological parents, though states including Alaska, Kansas, Louisiana, and Maine allow it to continue.1Social Security Administration. State Laws on the Right of Adopted Child to Inherit From Natural Parent Rather than rely on default rules, update wills, trusts, and beneficiary designations to reflect what everyone actually wants. That is how estate fights get avoided.
Medical and Next-of-Kin Standing
In most states, when someone is incapacitated without a healthcare proxy, medical decisions fall to next of kin in a statutory order: spouse, then adult children, then parents, then siblings. The decree puts the adoptee squarely in that hierarchy as an adult child, or gives the adopter standing as a legal parent.
Two Things Adult Adoption Will Not Do
It does not create immigration status. Federal immigration law defines a “child” for immigration purposes as someone adopted before age 16 who has been in the legal custody of and resided with the adoptive parent for at least two years.2Legal Information Institute. 8 USC 1101(b)(1) – Definition of Child Adopting someone who is already 18 or older does not meet this definition and cannot support an immigrant visa petition or a citizenship application.3U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 5 Part E Chapter 2 – Eligibility If immigration is the goal, talk to an immigration attorney about options that actually exist.
And it is very hard to reverse. An adoption decree is a court order, and setting it aside generally requires showing fraud, duress, or a fundamental legal defect. Changing your mind is not enough. Very few states have a clear statutory process for annulling an adoption. Treat the filing as permanent and be sure before you sign.