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How to Adopt an Adult

Reviewed by DocDraft Legal Team · United States · Last updated October 7, 2026

Adult adoption is a court proceeding in which one adult legally becomes the parent of another adult, creating a permanent parent and child relationship with the inheritance and next of kin consequences that follow. People use it to formalise a relationship that already exists in every way but law: a stepparent adopting an adult stepchild they raised, a foster parent adopting a former foster child who has since turned eighteen, or a family member adopting an adult with a significant disability so they can act for them and provide for them. Because the person being adopted is an adult who can speak for themselves, the process is far simpler than adopting a child. There is usually no home study and no involvement from a child welfare agency, and the adoptee's own consent is the centre of the case. What differs most between states is who may be adopted as an adult at all. Many states allow any consenting adult to be adopted. Others permit it only in defined situations, such as where the adoptee has a permanent disability or where a parent and child relationship already existed before the adoptee grew up. States also differ on whose consent is required, in particular whether a husband or wife of either the adopting person or the adoptee must consent or join the case, on whether a minimum age gap applies, and on which court hears the petition. Select your state below for its own rules, forms and fees. DocDraft can prepare the petition, with attorney review available.

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Can you adopt an adult?

Yes, though the rules differ by state. Many states allow any adult to be adopted with their own consent. Others permit adult adoption only in defined situations, such as an adoptee with a permanent disability or one who already had a parent and child relationship with the adopter.

Who has to consent to an adult adoption?

In nearly every case the adult being adopted must consent, and that consent is the heart of the petition, though some states excuse it on the route used for an adoptee with a disability. Many states also require a husband or wife to consent or join, and which spouse varies by state.

Do birth parents have to agree to an adult adoption?

Generally no. Because the person being adopted is an adult who consents for themselves, their birth parents usually have no say and in most states receive no notice. The adoption still legally replaces the parent and child relationship for purposes such as inheritance.

Is a home study required to adopt an adult?

Usually not. Home studies, background checks and agency placement belong to the adoption of children, and most states do not apply them when the person being adopted is an adult. Some states still direct the court to investigate. The requirement varies by state.

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How to Adopt an Adult by State - DocDraft