Jessica C. Graves, Owner, 7400 N Oracle Rd, Ste 150-403 Tucson 85704, 520.468.3838 - Hablamos Español

Adult Adoption

Tucson Adult Adoption Attorney

 

Arizona law allows one adult to adopt another adult, creating a permanent legal relationship of parent and child. Families turn to adult adoption to make official a bond that has existed for years: a stepparent who raised a child but was never able to adopt, a foster parent whose former foster child is now grown, or a grandparent, aunt or uncle who has been a parent in everything but name. The Law Office of Jessica C. Graves, PLLC handles adult adoptions for families throughout Tucson and Southern Arizona.

 

Attorney Jessica Graves practices exclusively in adoption law. Contact us today at 520-468-3838 for a consultation. Hablamos Español.

Who Can Be Adopted as an Adult in Arizona?

Arizona’s adult adoption statute, A.R.S. § 14-8101, allows an adult to adopt:

  • Another adult who is at least 18 and not more than 21 years old and who consents to the adoption.
  • A current or former stepchild, or a niece, nephew, cousin or grandchild, at any adult age.
  • A former foster child who was placed in the foster parent’s care as a juvenile, if the foster parent has maintained a continuous family relationship with that person for five or more years.

If your relationship does not fit one of these categories, contact our office. We can review your situation and explain what options Arizona law provides.

Consent in an Adult Adoption

The adopting adult and the adult being adopted both sign a written agreement of adoption. In that agreement, each agrees to take on the legal relationship of parent and child, with all of the rights and responsibilities that come with it.

 

If either party is married and not legally separated, that person’s spouse must also consent, as long as the spouse is capable of giving consent.

 

The consent of the adoptee’s biological parents is not required, and they do not need to be notified. This is one of the most important differences between adult adoption and the adoption of a minor. A stepparent who could not adopt during the child’s minority because the other biological parent would not agree can often complete the adoption once the child is an adult.

How the Adult Adoption Process Works

  1. Consultation. We confirm that your relationship qualifies under Arizona law and explain what to expect.
  2. Agreement of adoption. We prepare the written agreement for both of you to sign, along with any spousal consents.
  3. Petition. We file a petition for a decree of adoption in the superior court of the county where either of you lives. For Tucson families, that is usually Pima County Superior Court.
  4. Court report. Before the hearing, a person designated by the court submits a written report on the welfare, competency and best interests of the parties.
  5. Hearing. The court sets a hearing date. Both the adopting adult and the adult being adopted appear in person. If one of you cannot attend, an attorney may appear on that person’s behalf with written authorization.
  6. Decree of adoption. The court enters a decree declaring that you are legally parent and child.

A change of the adoptee’s last name is a separate court request. We can discuss whether to include one in your case.

Why Families Choose Adult Adoption

  • Making a long-standing relationship official. Many adult adoptions formalize a parent-child bond that has existed since childhood.
  • Stepparent adoptions that had to wait. When the other biological parent would not consent during the child’s minority, adult adoption offers a path once the child turns 18.
  • Former foster families. Foster parents who stayed in a grown foster child’s life for years can make that family relationship legal.
  • Inheritance and family standing. An adopted adult holds the legal position of a son or daughter, which can matter for inheritance and other family decisions. We recommend coordinating with an estate planning attorney when inheritance is a goal.

Cost and Timeline

Adult adoptions are generally simpler than adopting a minor. There is no certification or home study requirement, and no termination of parental rights. Timelines depend on the court’s calendar and how quickly the agreement and consents are signed. We review fees and what to expect during your consultation, so there are no surprises.

 

Frequently Asked Questions

 

Q: Can I adopt my adult stepchild in Arizona?

A: Yes. Arizona law allows the adoption of a current or former stepchild as an adult, at any adult age. The adult stepchild must agree to the adoption, and the other biological parent’s consent is not required.

 

Q: Do the biological parents have to agree to an adult adoption?

A: No. Under A.R.S. § 14-8101, neither the consent nor the notification of the adoptee’s natural parents is required. Only the adopting adult, the adult being adopted, and their spouses (if married and not legally separated) must consent.

 

Q: Is there an age limit for adult adoption in Arizona?

A: It depends on the relationship. An adult who is not related to you can be adopted only between the ages of 18 and 21. A current or former stepchild, niece, nephew, cousin or grandchild can be adopted at any adult age. A former foster child can be adopted after five or more years of a continuous family relationship.

 

Q: Does an adult adoption require a home study?

A: No. Adult adoption does not involve the certification or home study required when adopting a minor. The court does designate a person to prepare a short written report before the hearing.

 

Q: Does the adopted adult have to attend court?

A: Yes. Arizona requires both the adopting adult and the adult being adopted to appear in person at the hearing. If a party is unable to appear, an attorney may appear for that person with written authorization.

 

As always, it is important to contact an Arizona adoption attorney to have your questions answered for your specific circumstance, as each family’s case will be different.

Related Adoption Services

Our firm handles all types of adoption in Arizona. Learn more about our other adoption services:

Contact Arizona adoption attorney Jessica Graves today at 520-468-3838 to discuss your adult adoption.