Adult adoption of nephew

[BeckBoo]

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

My husband and I have talked with our soon to be 21 year old nephew about "adult adoption". I have been reading up on it some. It seems it is for legal reasons, not really to so to speak "divorce" his parents (that is a whole other story). Are there any pitfalls we should be aware of, both for our nephew and ourselves?

Thank you in advance!

 

[LdiJ]

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

My husband and I have talked with our soon to be 21 year old nephew about "adult adoption". I have been reading up on it some. It seems it is for legal reasons, not really to so to speak "divorce" his parents (that is a whole other story). Are there any pitfalls we should be aware of, both for our nephew and ourselves?

Thank you in advance!

Just that you truly understand that it would legally make him your son for all purposes...including all rights and responsibilities. He would lose all inheritance rights regarding his biological parents, and all next of kin rights, and would gain all inheritance rights regarding you as his adoptive parents. Its also something that cannot be undone once it happens, so everybody needs to be very sure that it really is what they want to do. It really is a very big deal. If you have other children it might be something that you would also want to discuss with them ahead of time to make sure that they are on board with the idea as well.

 

[Zigner]

He would lose all inheritance rights regarding his biological parent...

...unless he is named in their will(s)

...and all next of kin rights...

Do you have a cite to that? First, to be clear, you're only talking about "next of kin rights" as they pertain to the biological parents, right?

 

[BeckBoo]

Just that you truly understand that it would legally make him your son for all purposes...including all rights and responsibilities. He would lose all inheritance rights regarding his biological parents, and all next of kin rights, and would gain all inheritance rights regarding you as his adoptive parents. Its also something that cannot be undone once it happens, so everybody needs to be very sure that it really is what they want to do. It really is a very big deal. If you have other children it might be something that you would also want to discuss with them ahead of time to make sure that they are on board with the idea as well.

I, myself personally, do not have any children, but my husband does from a previous marriage. Since the majority of the things we own is in my name, I am not worried about my step-son stepping in. I would also change my will once the adoption is completed. And in about a year, once she turns 18, we will adult adopt his sister (our niece). My nephew is on board with this, realizing what this means as far as his parents go. I just wanted to make sure that there was no major legal stumbling blocks.

I really appreciate the insight. Thank you!

 

[Zigner]

I'm curious...what do you (collectively) feel is going to be accomplished by an adult adoption that can't be otherwise accomplished?

 

[LdiJ]

...unless he is named in their will(s)

Do you have a cite to that? First, to be clear, you're only talking about "next of kin rights" as they pertain to the biological parents, right?

By "next of kin rights" I am talking about things like making medical decisions regarding his biological parents if they are incapacitated. Unless they name him as a POA he will no longer be their son and therefore will not be allowed to make decisions for him UNLESS, as their then nephew, there is no closer living relative to be "next of kin".

 

[Zigner]

By "next of kin rights" I am talking about things like making medical decisions regarding his biological parents if they are incapacitated. Unless they name him as a POA he will no longer be their son and therefore will not be allowed to make decisions for him UNLESS, as their then nephew, there is no closer living relative to be "next of kin".

Ok, that clears that up - and I agree

 

[BeckBoo]

I'm curious...what do you (collectively) feel is going to be accomplished by an adult adoption that can't be otherwise accomplished?

To make a long story short, both of their parents are not the best parents. Both of the children ended up living with my mother (she has legal guardianship over the niece, she is turning 17 in a couple of weeks), the nephew is now out on his own, and the niece still lives with my mom. They are/were taken care of by my mom, but she is getting older and not in the best health. So, I want to protect those two the best way I know how.

Both of them have stated they want nothing more to do with their parents. Their father up and left them years ago, way behind on child support (after spending 3 months in jail for it and forced to pay it) and has not contacted them in over a year. And now the mother (my sister), has taken the child support for herself and is not supporting my niece at all, who is legally living with my mother, who is on disability, and takes care of my disabled brother also.

I just want them protected legally. I wanted to get guardianship over them, but my mom stepped in and took on that responsibility. I do try to help her anyway I can. But, no one lives forever, and I want these kids to know that their Aunt and Uncle want them, enough to adopt them.

 

[Zigner]

To make a long story short, both of their parents are not the best parents. Both of the children ended up living with my mother (she has legal guardianship over the niece, she is turning 17 in a couple of weeks), the nephew is now out on his own, and the niece still lives with my mom. They are/were taken care of by my mom, but she is getting older and not in the best health. So, I want to protect those two the best way I know how.

Both of them have stated they want nothing more to do with their parents. Their father up and left them years ago, way behind on child support (after spending 3 months in jail for it and forced to pay it) and has not contacted them in over a year. And now the mother (my sister), has taken the child support for herself and is not supporting my niece at all, who is legally living with my mother, who is on disability, and takes care of my disabled brother also.

I just want them protected legally. I wanted to get guardianship over them, but my mom stepped in and took on that responsibility. I do try to help her anyway I can. But, no one lives forever, and I want these kids to know that their Aunt and Uncle want them, enough to adopt them.

What legal protection do you think an adult adoption will provide that can't be accomplished through other means?

 

[CTU]

What legal protection do you think an adult adoption will provide that can't be accomplished through other means?

I suspect "this sends a message to the lousy parents" (or, as some might say, "I'm better than you") is a factor.

 

[BeckBoo]

I suspect "this sends a message to the lousy parents" (or, as some might say, "I'm better than you") is a factor.

No, that is not why we are contemplating this. I want whats best for them, not for us. I want to show them that all adults are not dead beats and will step up to the plate when others don't want to do the right thing.

 

[BeckBoo]

What legal protection do you think an adult adoption will provide that can't be accomplished through other means?

That is why I am trying to muddle through on. What other means are there?

The nephew is over 18, the niece will be 18 in about a year. What you don't know is that my mom has tried everything legally to help with these kids. I don't have a ton of financial means to legally fight their parents. I have been there through the years for them as much as I could be.

It's not about "sticking it the parents", its about taking care of these two before my mom gets too old to and if, god forbid, my mom should pass away before the niece is 18, that there will some legal legwork done.

 

[CTU]

No, that is not why we are contemplating this. I want whats best for them, not for us. I want to show them that all adults are not dead beats and will step up to the plate when others don't want to do the right thing.

(Do you understand what you've just typed here?)

 

[BeckBoo]

(Do you understand what you've just typed here?)

Yes, I do. You don't know the whole situation. Which I am not going to give every little detail of this. All I asked, what are the legal ramifications of adult adoption. I got the answers I needed. I will sit down with the nephew and explain to him to ramifications of this and then we will decide if we all agree upon it.

 

[LdiJ]

That is why I am trying to muddle through on. What other means are there?

The nephew is over 18, the niece will be 18 in about a year. What you don't know is that my mom has tried everything legally to help with these kids. I don't have a ton of financial means to legally fight their parents. I have been there through the years for them as much as I could be.

It's not about "sticking it the parents", its about taking care of these two before my mom gets too old to and if, god forbid, my mom should pass away before the niece is 18, that there will some legal legwork done.

Here is the thing...they will be legal adults. It is totally up to them if they choose to have a relationship with their parents or not. They will not need any protection from their parents once they are adults. They will have all of the legal means to protect themselves. Therefore adopting them to protect them is a totally unnecessary step.