Why is it Easier to do an Adult Adoption than an Adoption Before the Child is 18?

There are many reasons to adopt an adult in California. One of them has to do with the fact that it is easier to perform an adult adoption than it is to adopt a child who has not yet turned 18. But why is it easier to adopt an adult than a child?

Here are two of the most powerful reasons.

Adults Can Consent to Adoption

The big reason why it is easier to adopt an adult than it is to adopt a child is that adults have the ability to legally consent to the adoption, while children under the age of 18 do not. This greatly diminishes the amount of concern that courts feel about the adoption process. Judges no longer have to worry about whether the child's interests are really being looked after, and no longer have to be concerned with protecting the adoptee's well-being. Since the person being adopted is of an adult age and is therefore legally assumed to be able to protect their own rights and interests, the court can rest assured that an adult adoption is not being done to take advantage of them.

This is reflected in the much quicker process required for an adult adoption than for the adoption of a child. Adopting a child is very expensive and can take years and involves reams of paperwork and numerous home visits and interviews that are meant to ensure the child's well-being will be promoted by the adoption. Once an adult legally consents to be adopted, though, all of these worries and concerns are eliminated.

No Parental Rights Get Terminated

Adopting an adult is also much easier than adopting a child because adopting a child does not just involve creating a new and legally recognized parent-child relationship: it also involves cutting off the rights of the child's biological parents to raise their minor children.

A child's biological parents have rights, and one of those is to be able to choose how to raise their child. Severing that right is a very serious thing to do, and courts will hesitate until they see that the biological parents are content on relinquishing them.

Adult adoptions, on the other hand, do not implicate the rights of a child's biological parents to raise their child as they see fit. Without this strong interest keeping the court from permitting the adoption, it can go through and become legally binding much quicker and easier.

That is why an Adult Adoption may be completed in as little as 45 days in some counties and a Minor Child Adoption may take 1 to 3 years to complete, or more.

California Adult Adoption Attorney John J. Pearson

While it might be easier to adopt an adult than it is to adopt a child, that does not mean it is easy. It often takes an attorney to make sure the documents are properly filled out and that the process goes smoothly.

Contact the law office of John J. Pearson online today.