An adult adoption is one where the adoptee is over the age of 18. Anyone may adopt a person that is an adult. An adult adoptee must consent to his/her own adoption before a judge or referee.

REASONS TO FILE AN ADULT ADOPTION PETITION

There are many reasons Michigan adult adoptions are filed. The most common reason is for people to formally recognize their relationship in the eyes of the law. A step-parent adopting a step-child that he/she has parented. An older sibling adopting a younger sibling. A foster parent(s) adopting a former foster child.

THE LEGAL EFFECT OF AN ADULT ADOPTION

After the entry of an order finalizing a Michigan adult adoption, the adoptive parent(s) become the legal parent(s) of the adult adoptee as though the adopted person had been born to the adoptive parent(s). The relationship is now one recognized in the eyes of the law. As to inheritance rights, an adopted adult is no longer an heir at law of a person who was his/her parent(s) prior to the entry of the adoption or the lineal or collateral kindred of that person, except for a right, title, or interest that has vested before entry of the final order of adoption and is not divested by that order. MCL 710.60(2).

AN ADULT ADOPTEE MAY CHANGE HIS/HER NAME

An adult adoptee may elect to change his/her name as part of the adult adoption. If the adoptee’s name is being changed, after the adoption is finalized, the adoptee will be known and called by his/her new name. MCL 710.60(1)

A NEW BIRTH CERTIFICATE MAY BE CREATED

Adoptive parent(s) and an adoptee may elect to have a new birth record created as a part of the adult adoption. If they elect to do so, an adult adoptee’s original birth certificate is sealed and replaced by the new birth record recognizing the adoptive parent(s) as the adoptee’s parent(s). As a part of the adoption, the parties may request a certified copy of the new birth record created at a cost of $50 payable to the state of Michigan. The cost for the new birth record and necessary documentation slightly varies if the adoptee was born outside of the state of Michigan. The adoptee’s birth state is responsible for sealing the former birth record and creating a new one.

OUR LAW FIRM

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