Typically, when someone hears a reference to an adoption, they assume that a minor child is being adopted; however, that is not always the case. Although less common than the adoption of children, many times in North Carolina a person is seeking to adopt an adult over the age of eighteen. When one adult adopts another, it is important that both parties know and understand the full impact adoption has on inheritance rights, property, and support, not only in terms of the rights being gained by the adoption, but also the rights that may be lost (such as non-vested inheritance rights which previously existed for the adoptee’s benefit). In North Carolina, an adult adoption can refer to the adoption of a person who is at least eighteen-years-old, or an individual who is less than eighteen-years of age, but has been legally emancipated or is married. Please contact our office to set up a consultation if you would like more information about this topic.
In the vast majority of adult adoptions, the adult who is seeking to be adopted must consent to the adoption. There are situations, however, where an adult who has been declared incompetent is the prospective adoptee. In those situations, it is important that the incompetent adult’s legal guardian be a part of the adoption process. If you or a loved one are in such a situation, Attorney Timothy Heinle can help.