Page 14 - Ohio Vol 5 No 1

Ohio Law
Permits
Adult
Adoptions
BY THOMAS TANEFF
There are several reasons why adult adoptions may be un- dertaken. e most common reason is to formally and le- gally recognize an existing parent/ child relationship. Among the ben- e ts of a formal adoption is the ability of the adopted person to inherit from the adoptive parent. An adult adop- tion also may be used to provide pro- tection for a person of diminished ca- pacity or abilities. Once adopted as a legal family member, such an individ- ual may then be assured lifetime care under family insurance, or through inheritance. Finally, a stepparent/ stepchild relationship can be formal- ized through an adult adoption.
Ohio law allows adults who are totally and permanently disabled or intellectually disabled to be adopted. In addition, Ohio law permits adult adoption for any adult who has es- tablished a relationship with adoptive parents through a child/foster care- giver or child/stepparent relation- ship as a minor, assuming the adult child consents to the adoption. A law that took e ect in 2011 also allows an adult child to be adopted by the spouse of his or her parent, as long as the adoptee consents. Ohio law pre- viously did not allow an adult child
to be adopted unless he/she had es- tablished a parent/child relationship while still a minor. is law applies in situations where someone remarries, and the new spouse has an adult child who wishes to become bound to the new family.
ADULT ADOPTION PROCEDURE
In order to adopt an adult, the pro- spective adoptive parent must pre- pare, sign and le a petition with the probate court. e court will then set a date for a nal hearing where it will make a determination about whether the adoption serves the best interests of the adoptee. Assuming the court approves the adoption, the court will order a new birth certi cate for the adoptee.
Unlike the procedure used for the adoption of a minor child, the court generally will not require a home study in the case of an adult adop- tion and no waiting period is required before an adult adoption can be nal- ized.
Before granting an adult adoption in Ohio, the court must determine whether a child/foster parent rela- tionship existed while the person to be adopted was still a minor, unless the adult child is to be adopted by a stepparent. To make such a determi-
nation, the court will look at the type of nurturing that was provided to the child, including the provision of emo- tional and nancial support, food, shelter, discipline, guidance, educa- tion, religious training, medical care and love and a ection.
ADULT ADOPTIONS ARE PERMANENT
When a minor child is adopted, the changes that result are permanent. e same can be said for an adult adoption. As in any adoption, the ex- isting relationship with the biological parents is severed. An adult adoption creates a new parent/child relation- ship. A new birth certi cate is issued for the adopted person, showing the adoptive parents as the legal birth parents. e last name of the adopted person also may be changed to that of the adoptive parents. e origi- nal birth record involved in an adult adoption will be sealed according to the state’s laws, even though the par- ties involved are adults and are aware of the family details. An experienced family law attorney can help stream- line the adoption process and answer any questions the family may have.
THOMAS TANEFF IS PRINCIPAL OF THOM- AS TANEFF CO., LPA IN COLUMBUS.
ATTORNEY AT LAW MAGAZINE · OHIO · VOL. 5 NO. 1 14