Information Post RE: New Rumor

Adoption Network Law Center ^ | January 22, 2009 | Adopting an Adult

[Calpernia]

Adopting an Adult

adult adoption n. The adoption of a person over the age of majority (as defined in State law).

Adult adoption was quite a common occurrence during the ancient/classical periods to carry on a dynasty, occupation, or family name; to care for a parent in old age; or to protect property rights. Today, however, there are three main reasons people pursue the adoption of an adult person.

Inheritance. This is the most common reason for adult adoption, creating a parent-child relationship that will be legally recognized so that the adopted person can inherit from the adoptive parent(s).

Formalizing a parent-child relationship. When a previous stepparent-stepchild, foster parent-foster child, or informal parent-child relationship existed, the adult parties may want to formalize the relationship through adoption.

Perpetual Care. If the person to be adopted is of diminished capacity or abilities, adoption may provide a means of assuring him/her of lifetime care under family insurance, as a legal family member, or through inheritance.

Changes Effected by Adoption

In the same manner as child adoption, the adoption of an adult will result in changes. Severing parental relationships. An adoption creates a new parent-child relationship and severs the existing relationship with biological parents (or with the non-custodial biological parent only, in the case of stepparent adult adoption).

New birth certificate. An amended birth certificate will be issued for the adopted person, showing the adoptive parent(s) as birth parents.

Name change. The surname (last name) of the adopted person may be changed to that of the adoptive parent(s).

Sealed records. Adoption records for adult adoptions appear to be treated the same as those for child adoptions in that the records pertaining to the adoption will be sealed according to state law, even though the parties to the adoption are adults and are aware of family details. If this is a matter of concern, parties to the adoption should keep copies of all documents relating to the adoption itself and life events prior to the adoption for safekeeping.

Note: If the only purpose for considering an adult adoption is to change the name of the person to be adopted, name changes are relatively simple procedures and can be done without severing parental rights of existing parents.

Governed by State Law

Adult adoption is handled differently in all states. Some state statutes only provide for adult adoption if the person to be adopted is of diminished capacity. Some states require the consent of the spouse of the person to be adopted (if married), some require notification of biological parent(s), and some require nothing more than the consent of the adult parties. Check state laws on adult adoption here, http://www.adopting.org/adoptions/adopting-an-adult-state-laws.html .

[Calpernia]

I saw a few rumors posted that Barack Obama was adopted last year. No references, just unknown forum posts.

I had never heard of an adult being adopted and started this thread to post reference information on the procedures.

[Calpernia]

Background info for current rumor.

[Calpernia]

Looks like not all states address adult adoption in their statutes:

http://www.adopting.org/adoptions/adopting-an-adult-state-laws.html

Summary: Not addressed in statute.

Does this mean an adult adoption is not recognized in all states?

[massgopguy]

Ben Hur.

[Calpernia]

Adoption wasn’t intended for identity theft. Even if an adult adoption stunt was pulled, by splicing the words of intent from the Law of Nations, it doesn’t make him a natural born citizen:

http://www.freerepublic.com/focus/f-chat/2148074/posts
Law of Nations

[mvpel]

It’s a common estate-planning technique in my parents’ home state of Kansas. Inheritance from parent to child is not taxed as heavily (or at all, I forget), so my father’s childless aunt and uncle adopted eleven of their adult nieces and nephews so that their estate could be simply split in 11 shares and passed down to them without going through probate.

[Calpernia]

O_M_G_!

Thank you

[LucyT]

Thanks, Calpernia. Third time this rumor has surfaced in the past few weeks.

Ping; check out #6.

[Spunky]

"It’s a common estate-planning technique in my parents’ home state of Kansas. Inheritance from parent to child is not taxed as heavily (or at all, I forget), so my father’s childless aunt and uncle adopted eleven of their adult nieces and nephews so that their estate could be simply split in 11 shares and passed down to them without going through probate.

There are no Federal Taxes on Inheritance up to two million dollars. It does not matter who you give it to if they are named in the Will. They do not have to be children. Also if there is a Will it does not have to go through probate.

I know this as my father recently passed away and 1/4 of his estate was willed to his care taker who was not related. Some States may require you to pay some taxes (not sure at what amount) but not all states.

[mvpel]

It had something to do with the Kansas tax & probate system, I’m not sure exactly what.

[mvpel]

Having a quick look through the Kansas Probate Code, the adoption of the eleven cousins might be related to the Kansas Simplified Estates Act, which is Article 32.

[getmeouttaPalmBeachCounty_FL]

holy Toledo!! I hadn’t heard anything about him like this! Who is the mom and pop? Ayers?

[Calpernia]

Well we have:

http://blogs.abcnews.com/politicalradar/2008/05/obamas-new-name.html

Sunny and Mary Black Eagle

[Calpernia]

We have a new alias.

Barack Black Eagle

[AuntB]

From your link:
“Obama promised the crowd that as president he would have regular meetings at the White House with tribal leaders and appoint an American Indian policy advisor.”

Oh, PLEASE,let me have that job.

Last year some little tribe was selling Mexican aliens ‘tribal membership’ telling them that got them citizenship. It did not.

[BonRad]

Those nieces/nephews would have to be parentless- all parent’s deceased.

How craven anyways- what the world has forced!

[Calpernia]

I remember the case of the Lackawanna 6 having connections to the Seneca Indians. The guy that owned the Cigarette store was running cigarettes through another that was married to a Seneca woman, connected to Michigan through the tribal territories.

[Calpernia]

No actually. The link I provided to the states laws map says as long as the person is over 18, the consent comes from the person. The parents don’t have to be dead.

[BonRad]

Yes ok- just didn’t look. Sorry.
mvpel’s post on “common technique” in Kansas just really threw me.

Excuse me for being rational! This is so very strange.

I’d call it “craven” to sever relations w/ biological parents for tax purposes! Is all Kansas suggesting its not such a bad thing? Strikes me as a very murky thing, a violation of natural law.

Well so aren’t pre-nups, surrogate moms and embryonic stem cells.

Not suggesting this device is anywhere near so serious, but I wouldn’t do it. I don’t want to debate it so I’m not including Mr P. This is very new to me, obviously.

[Calpernia]

I agree, this [adopting adults] is totally irrational. But it does look like a serious illegal alien loophole.