Our Illinois Adoption statute states: "with respect to an adult, that such adult has resided in the home of the persons intending to adopt him at any time for more than 2 years continuously preceding the commencement of an adoption proceeding, or in the alternative that such persons are related to him within a degree set forth in the definition of a related child" in the Adoption Act. 750 ILCS 50/3.

Many people may choose to adopt an adult. The most common reason people seek to adopt an adult is situations where the prospective adoptive parent (most often a stepparent or a relative to the person they are seeking to adopt) has been acting in a parental role for a number of years and now they want the relationship to be formally and legally recognized as a parent-child relationship.  I am often told they "want the birth certificate to reflect what’s in their hearts".

Other families may want to avoid a contested adoption in court so they wait until the minor turns 18 and then complete the adoption.  After the age of 18 the parties do not need to give notice of the adoption to the birth parent and the adult can consent to their own adoption.

• Adoptive parents think that by adopting an adult that adult will automatically gain U.S. citizenship status. This is NOT true.

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• A relative wants to adopt a college student so they can add them to their insurance. 

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Caution:

• Parties should know that the adoption may cause the child to lose financial aid. 

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• The adoption could have inheritance consequences.  The adopted adult child may no longer be able to inherit from the adult child's biological family.

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• Many people think that by adopting the adult, the adult child will automatically be entitled to inherit from the adoptive family. (May or may not be true) Inheritance Laws vary state to state.

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ALL OF THESE FACTORS SHOULD BE INVESTIGATED PRIOR TO AN ADOPTION.

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