Skip to content

How to Adopt an Adult in Minnesota

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

Minnesota opens adult adoption to any adult anywhere and then rests the whole case on one signature. The proceeding is a juvenile court order that permanently makes one adult the legal parent of another adult, creating a parent-child relationship with the inheritance and next of kin consequences that follow (Minn. Stat. 259.241(d)). Eligibility carries no conditions. Minn. Stat. 259.241(a) says any adult person may be adopted, regardless of the adult person's residence, so the person you adopt may live in another state. Minnesota sets no minimum age gap and does not even require the adoptee to be younger than you. Two gates do apply. You must have resided in Minnesota for one year or more, and that residency statute names adults expressly (Minn. Stat. 259.22, subd. 1). If you are married, your spouse must sign and verify the petition with you (Minn. Stat. 259.23, subd. 2), which is joinder rather than consent. Consent itself is narrow. The adult's own written consent is the only consent required, signed before two competent witnesses and acknowledged (Minn. Stat. 259.24, subds. 4 and 5). Nothing is required of that adult's spouse, and birth parents neither consent nor receive statutory notice, though the decree ends their parental rights. One limit deserves close attention: the consent is invalid if the adult is a vulnerable adult under Minn. Stat. 626.5572, subdivision 21, or is found not competent, with an exception for a person in extended foster care (Minn. Stat. 259.241(b) and (c)). No adoption study or background study is needed (Minn. Stat. 259.41, subd. 1). Minnesota publishes statewide forms ADO701 through ADO707. Attorney review of your filing is available through DocDraft.

Find out where you stand in Minnesota

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in Minnesota?

Any adult person may be adopted in Minnesota, and the statute adds that this holds regardless of the adult person's residence, so the person being adopted can live in another state (Minn. Stat. 259.241). There is no category list, no disability requirement and no prior relationship test.

Whose consent does Minnesota require for an adult adoption?

The written consent of the adult being adopted is the only consent Minnesota requires (Minn. Stat. 259.24, subd. 4). It must be signed before two competent witnesses and acknowledged. That consent is invalid if the adult is a vulnerable adult under Minn. Stat. 626.5572, subdivision 21, or is found not competent.

How long must you live in Minnesota before filing an adult adoption?

One year. Minnesota lets any person who has resided in the state for one year or more petition to adopt a child or an adult (Minn. Stat. 259.22, subd. 1). The clock runs on the petitioner, not on the person being adopted, who needs no Minnesota residence at all.

Which court handles an adult adoption in Minnesota?

The juvenile court, which holds original jurisdiction in all adoption proceedings, with venue in the county where the petitioner lives (Minn. Stat. 259.23, subd. 1). The fee statutes describe the same filing as an adoption petition filed in district court (Minn. Stat. 259.52, subd. 14).

Minnesota adult adoption at a glance

An adult adoption in Minnesota is a juvenile court decree that makes one adult the permanent legal parent of another adult, establishing a parent-child relationship that includes the right to inherit (Minn. Stat. 259.241(d)). Eligibility is as wide as it gets: any adult person may be adopted, regardless of the adult person's residence. Minnesota sets no age gap at all and does not require the adoptee to be younger. The gates sit elsewhere. The petitioner must have resided in Minnesota for one year or more (Minn. Stat. 259.22, subd. 1), a married petitioner's spouse must sign the petition (Minn. Stat. 259.23, subd. 2), and the adult's own written consent is the only consent required yet is invalid if that adult is a vulnerable adult or is found not competent (Minn. Stat. 259.241(b)).

Adopting a 20 year old still in extended foster care

Rochester is the setting here, and the person being adopted is still in extended foster care at 20. She has lived in your home since she was 15, you and your wife have both been Minnesota residents for eleven years, so the one year clock in Minn. Stat. 259.22, subdivision 1 is long satisfied. Her consent is the only one the case needs, and because she is in extended foster care under Minn. Stat. 260C.451 she may give it once the court finds her competent (Minn. Stat. 259.241(c)). You sign the ADO702 petition and your wife signs it with you. No adoption study and no background study are needed. You file in Olmsted County, pay $385, and ask that the decree order her new last name. Attorney review of the petition and consent is available.

Relevant Laws

Minn. Stat. 259.241 (adult adoption)

The adult adoption section. Provides that any adult person may be adopted regardless of residence, makes the adult's consent the only consent necessary while voiding it for a vulnerable adult or a person found not competent, allows consent by a person in extended foster care, and requires the decree to order a requested name change.

Minn. Stat. 259.22, subd. 1 (who may petition; one year residence)

Provides that any person who has resided in the state for one year or more may petition to adopt a child or an adult, and that one petitioner may seek the adoption of two or more persons in a single petition. The reduction to 30 days and the relative waiver in the same subdivision are both worded around a child.

Minn. Stat. 259.24 (consents; adult adoptee)

Subdivision 4 provides that in the adoption of an adult, the adult's written consent only shall be required. Subdivision 5 requires all consents to be in writing, executed before two competent witnesses, and acknowledged by the consenting party.

Minn. Stat. 259.41, subd. 1 (adoption study; adult exception)

Subdivision 1, paragraph (b) closes by providing that background study results must be filed with the adoption petition according to section 259.22, except in an adult adoption where an adoption study and background study are not needed.

Minn. Stat. 259.59 (effect of adoption)

Provides that the adopted person becomes the legal child of the adopting persons, inherits from the adoptive parents or their relatives as though a natural child, and no longer inherits from the birth parents or kindred, with a stepparent exception in subdivision 1a.

Regional Variances

Minnesota adult adoption rules at a glance

Who may be adopted

Any adult person, with no enumerated categories, and the statute adds regardless of the adult person's residence (Minn. Stat. 259.241(a)). An adult means an individual 18 years of age or older (Minn. Stat. 645.451, subd. 3), and adult adoption is a defined term at Minn. Stat. 259.21, subd. 2a.

Age relationship

None. Minnesota sets no minimum number of years between the parties and does not require the adoptee to be younger. A sweep of the whole adoption chapter found no age differential language anywhere in it.

Consent of the adoptee

Required and exclusive. In the adoption of an adult the adult's written consent only shall be required (Minn. Stat. 259.24, subd. 4), executed before two competent witnesses and acknowledged (subd. 5). Form ADO703 is published for it.

The vulnerable adult limit

The consent is invalid if the adult is considered a vulnerable adult under Minn. Stat. 626.5572, subdivision 21, or if the person consenting is determined not competent to give consent (Minn. Stat. 259.241(b)). A person in extended foster care under Minn. Stat. 260C.451 may consent if found competent.

Spouse of the adoptee

Nothing required. Not consent, not joinder, not notice. Every reference to a spouse in the adoption chapter concerns the petitioner's spouse, and the exclusivity language in Minn. Stat. 259.24, subd. 4 leaves no room for a second consent.

Spouse of the adopting person

Must sign the petition, which is joinder rather than consent. The petition shall be signed by the petitioner and, if married, by the spouse (Minn. Stat. 259.23, subd. 2), and petitioner is defined as a person with spouse, if there be one (Minn. Stat. 259.21, subd. 7).

Birth parents

No consent and no statutory notice. The notice section reaches a petition to adopt a child (Minn. Stat. 259.49, subd. 1) and a child is a person under the age of 18 (Minn. Stat. 259.21, subd. 2). The decree still terminates their parental rights (Minn. Stat. 259.241(d)).

Court and venue

The juvenile court has original jurisdiction in all adoption proceedings, with venue in the county of the petitioner's residence (Minn. Stat. 259.23, subd. 1). If you move mid case, the court may transfer the proceeding to your new county.

Residency

One year in Minnesota for the petitioner, and the statute names adults expressly (Minn. Stat. 259.22, subd. 1). The person being adopted needs no Minnesota residence (Minn. Stat. 259.241(a)).

Filing fee

$310 on the first paper filed in a civil proceeding (Minn. Stat. 357.021, subd. 2) plus a $75 fathers' adoption registry surcharge on each adoption petition filed in district court (Minn. Stat. 259.52, subd. 14), so $385 before county charges such as a law library fee.

Adoption study and background study

Not needed. Minn. Stat. 259.41, subd. 1(b) closes by excepting an adult adoption from both. The three month preadoption residence in Minn. Stat. 259.53, subd. 4 is keyed to the child and does not reach an adult.

Name change

Mandatory on request. If the adopted person requests a change of name, the adoption decree shall order the name change (Minn. Stat. 259.241(e)). The general provision is only permissive (Minn. Stat. 259.57, subd. 1).

Inheritance

Carried by the decree, which establishes the parent-child relationship including the right to inherit (Minn. Stat. 259.241(d)). The adoptee inherits from the adoptive parents or their relatives as a natural child would, and the probate code records the same relationship (Minn. Stat. 259.59; 524.2-118).

Forms

A dedicated statewide adult adoption set, ADO701 through ADO707, plus a combined packet, published by the Judicial Branch. ADO704 exists because the petition must describe and value property owned by the person being adopted.

Suggested Compliance Checklist

Verify one year of Minnesota residence

Before you draft anything days after starting

Minn. Stat. 259.22, subdivision 1 requires the petitioner to have resided in the state for one year or more and names adults expressly. Gather proof of the dates. The subdivision's 30 day reduction and relative waiver are worded around a child, so treat them as unsettled for an adult case.

Assess the adult's capacity to consent

Before preparing the consent days after starting

Minn. Stat. 259.241(b) voids the consent if the adult is a vulnerable adult under Minn. Stat. 626.5572, subdivision 21, or is found not competent. Read that definition against the adult's living and care arrangements. Minn. Stat. 259.241(c) covers a person in extended foster care.

Draft the petition for adult adoption

First document to prepare days after starting

Form ADO702. Minn. Stat. 259.23, subdivision 2 requires a verified petition filed in duplicate covering the parties, the name to be given the adoptee, and the description and value of any real or personal property the adoptee owns. Attorney review of the petition is available through DocDraft.

Prepare the adoptee's list of assets

With the petition days after starting

Form ADO704 exists to satisfy clause (g) of Minn. Stat. 259.23, subdivision 2. List real property, accounts, vehicles and other personal property with values. Leaving this blank is a common reason a clerk returns an adult adoption filing.

Execute the consent before two witnesses

Before filing days after starting

Form ADO703. Minn. Stat. 259.24, subdivision 5 requires the consent to be in writing, executed before two competent witnesses, and acknowledged by the consenting party. If you are married, your own signature plus your spouse's goes on the petition under subdivision 2 of Minn. Stat. 259.23.

File in your county and pay the fee

When the papers are signed days after starting

Venue is the county where you live, and the juvenile court holds original jurisdiction over all adoption proceedings (Minn. Stat. 259.23, subd. 1). Pay $310 under Minn. Stat. 357.021, subdivision 2 and the $75 registry surcharge under Minn. Stat. 259.52, subdivision 14.

Attend the hearing and request the name change

On your hearing date days after starting

The hearing is confidential and held in closed court (Minn. Stat. 259.61). Ask on the record for the name change so the decree orders it under Minn. Stat. 259.241(e). Form ADO705 is the findings and decree, and ADO706 applies where a felony conviction is involved.

Frequently Asked Questions

Other Minnesota guides

Adverse Possession in Minnesota: 15 Years, Then Five Years of Taxes

Asset Protection Planning in Minnesota (2026)

Dealing With Debt Collectors in Minnesota (2026)

Expunging a Criminal Record in Minnesota (2026)

Filing a Workplace Harassment Complaint in Minnesota

Filing Chapter 7 Bankruptcy in Minnesota (2026)

Ready to Draft Your Document?

Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.

Get Started