An adult adoption

[abuseofpower]

What is the name of your state (only U.S. law)? Texas

My paternal grandmother and her husband raised me from birth, literally. They were known as mom and dad to me until I moved out at 18. For the last 12 years they were still mom and dad. Last year my mom past away. I was never adopted. I am 30 now and looking at it as an option. Do we have to have an attorney or can we draft and file it with the courts ourselves? We can get a court date and go before the judge, but i dont necessarily have to have an attorney for that do I? There is not much to it except for signing the papers and getting the judge to agree, right? Can it be contested? How much does an adoption generally cost if we go through an attorney? Any help you can offer would be great.
Thanks.

 

[Ohiogal]

Who died? Your grandmother or your mother?

 

[abuseofpower]

Biologically it was my grandmother...and her daughter is my biological mother. she is still living. My father that raised me, was just my biological grandmother's husband. However I was raised by both of them as my mom and dad. I was the only one that they raised together.

 

[BlondiePB]

Who died? Your grandmother or your mother?

OG, it looks like it's too late for the OP's grandparent to sign any legal documents.

https://forum.freeadvice.com/elder-law-powers-attorney-living-wills-advance-health-care-directives-115/legal-leg-stand-447132.html

 

[jenndga]

You cannot be adopted by a person who is deceased, even if you are a consenting adult. If your grandfather is still living, you can most likely proceed with an adult adoption with him as the father, but your grandmother (mom) would not be listed or named as your parent.

I am sorry for your loss, good luck to you!

 

[Ohiogal]

Yep. She cannot be adopted by a deceased person.

 

[BlondiePB]

You cannot be adopted by a person who is deceased, even if you are a consenting adult. If your grandfather is still living, you can most likely proceed with an adult adoption with him as the father, but your grandmother (mom) would not be listed or named as your parent.

I am sorry for your loss, good luck to you!

The living grandparent cannot adopt the poster either.

 

[jenndga]

The living grandparent cannot adopt the poster either.

I could not find anything in Texas statute stating he couldn't. Could you cite your source for why he couldn't so that we can at least know why?

 

[Silverplum]

I could not find anything in Texas statute stating he couldn't. Could you cite your source for why he couldn't so that we can at least know why?

That's a great idea. And you can do the same:

https://forum.freeadvice.com/adoption-34/abandonment-adoption-445884.html#post2145652

https://forum.freeadvice.com/adoption-34/completly-confused-446183.html#post2145634

https://forum.freeadvice.com/adoption-34/adoption-446132.html#post2145907

 

[Zigner]

The living grandparent cannot adopt the poster either.

From: http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000162.00.htm



FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

CHAPTER 162. ADOPTION

...

SUBCHAPTER F. ADOPTION OF AN ADULT

Sec. 162.501. ADOPTION OF ADULT. The court may grant the petition of an adult residing in this state to adopt another adult according to this subchapter.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.502. JURISDICTION. The petitioner shall file a suit to adopt an adult in the district court or a statutory county court granted jurisdiction in family law cases and proceedings by Chapter 25, Government Code, in the county of the petitioner's residence.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.503. REQUIREMENTS OF PETITION. (a) A petition to adopt an adult shall be entitled "In the Interest of __________, An Adult."

(b) If the petitioner is married, both spouses must join in the petition for adoption.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.504. CONSENT. A court may not grant an adoption unless the adult consents in writing to be adopted by the petitioner.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.505. ATTENDANCE REQUIRED. The petitioner and the adult to be adopted must attend the hearing. For good cause shown, the court may waive this requirement, by written order, if the petitioner or adult to be adopted is unable to attend.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.506. ADOPTION ORDER. (a) The court shall grant the adoption if the court finds that the requirements for adoption of an adult are met.

(b) Notwithstanding that both spouses have joined in a petition for the adoption of an adult as required by Section 162.503(b), the court may grant the adoption of the adult to both spouses or, on request of the spouses, to only one spouse.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 555, Sec. 1, eff. June 20, 2003.


Sec. 162.507. EFFECT OF ADOPTION. (a) The adopted adult is the son or daughter of the adoptive parents for all purposes.

(b) The adopted adult is entitled to inherit from and through the adopted adult's adoptive parents as though the adopted adult were the biological child of the adoptive parents.

(c) The adopted adult may not inherit from or through the adult's biological parent. A biological parent may not inherit from or through an adopted adult.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 169, Sec. 1, eff. September 1, 2005.

 

[Zigner]

The living grandparent cannot adopt the poster either.

I am also curious as to why...

 

[mommyof4]

From the link Blondie so nicely provided.

What is the name of your state (only U.S. law)? Texas

My paternal grandmother and her husband raised me from birth, literally. They were known as mom and dad to me until I moved out at 18. For the last 12 years they were still mom and dad. Last year my mom past away. My dad was in an automobile accident 3 weeks later and almost died. He had lost most of his memory after the accident, but has gotten most of it back. He is now in a nursing facility because he has the onset of dementia. For the most part he is normal, but probably would be declared incompetent in a court of law. My parents own a house, a mobile home and have quite a bit of money or items that are worth a lot. However, my mother has 4 children from a previous marriage, and my father has 4 from a previous marriage also. I am the only one that was raised by the both of them. I am worried about any legal ground that I may or may not have. I was not adopted but have letters proving that they wanted to. It just never happened. What can I do to gain the legal rights that i deserve? Adoption is still an option, but is it necessary in order for me to get the legal status of being their child? Any other advice you can offer, would be helpful as well.
Thanks.

Grandfather would not be competent to file suit.

 

[Zigner]

From the link Blondie so nicely provided.

What is the name of your state (only U.S. law)? Texas


Grandfather would not be competent to file suit.

Thanks Mommy - that explains it!

 

[BlondiePB]

I could not find anything in Texas statute stating he couldn't. Could you cite your source for why he couldn't so that we can at least know why?

Incompetents cannot adopt.

 

[BlondiePB]

From: FAMILY CODE   CHAPTER 162. ADOPTION



FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

CHAPTER 162. ADOPTION

...

SUBCHAPTER F. ADOPTION OF AN ADULT

Sec. 162.501. ADOPTION OF ADULT. The court may grant the petition of an adult residing in this state to adopt another adult according to this subchapter.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.502. JURISDICTION. The petitioner shall file a suit to adopt an adult in the district court or a statutory county court granted jurisdiction in family law cases and proceedings by Chapter 25, Government Code, in the county of the petitioner's residence.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.503. REQUIREMENTS OF PETITION. (a) A petition to adopt an adult shall be entitled "In the Interest of __________, An Adult."

(b) If the petitioner is married, both spouses must join in the petition for adoption.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.504. CONSENT. A court may not grant an adoption unless the adult consents in writing to be adopted by the petitioner.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.505. ATTENDANCE REQUIRED. The petitioner and the adult to be adopted must attend the hearing. For good cause shown, the court may waive this requirement, by written order, if the petitioner or adult to be adopted is unable to attend.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 162.506. ADOPTION ORDER. (a) The court shall grant the adoption if the court finds that the requirements for adoption of an adult are met.

(b) Notwithstanding that both spouses have joined in a petition for the adoption of an adult as required by Section 162.503(b), the court may grant the adoption of the adult to both spouses or, on request of the spouses, to only one spouse.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 555, Sec. 1, eff. June 20, 2003.


Sec. 162.507. EFFECT OF ADOPTION. (a) The adopted adult is the son or daughter of the adoptive parents for all purposes.

(b) The adopted adult is entitled to inherit from and through the adopted adult's adoptive parents as though the adopted adult were the biological child of the adoptive parents.

(c) The adopted adult may not inherit from or through the adult's biological parent. A biological parent may not inherit from or through an adopted adult.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 169, Sec. 1, eff. September 1, 2005.

Hope you don't mind me giggling about all the codes you posted, Zig. You did a good job.

Note to mommy: Thanks for taking care of this.