When we think about adoption, it tends to be between two adults and a young child. This might be the initial image that comes to mind, but it doesn’t account for the various relationships that can benefit from adoption.
Adult adoption allows people over 18 to formally recognize an important relationship in their life. But what about when you want to adopt someone older than you? It’s a rare scenario, but one that some families have considered.
It’s highly unlikely that you would be allowed to adopt someone older than you. Most states outright ban it, and you’d need to convince a judge it’s in everyone’s best interest. Let’s explore the subject in some more detail.
Can You Adopt Someone Older Than You?
It might seem like a fairly simple question, but whether you can adopt someone older than you is actually quite complex. The majority of US states don’t allow a person to adopt someone older than them (see also “How Much Does It Cost To Adopt Someone Over 18?“).
Generally, a person must be at least 10 years older than the person they’re adopting.
However, there are some states with less strict regulations. These are the exceptions, rather than the rule. In these states, it might be possible for an adult to adopt a person older than them.
For this to occur, both parties would need to convince the judge that this was the right choice.
While adopting someone older than you might not be legal, there are other ways to obtain guardianship over an older person. To do so, you must prove that the arrangement is beneficial for all involved.
Why Might You Want To Adopt Someone Older Than You?
Adult adoption is often chosen to formalize a relationship or to make establishing an inheritance easier. Most adult adoptions take place in Japan by business owners adopting adult men to inherit a family business.
A person looking to adopt someone older than them might also be doing so to ease inheritance procedures.
If the younger party has reason to believe they’ll be survived by the older party, they might look for easy ways to ensure their assets go to the right person.
Adult adoption is sometimes chosen to establish guardianship over a person with reduced physical or mental capacity.
Choosing adult adoption can make it easier for a person with no legal relation to the potential adoptee to assume the role of carer.
In some cases, the person requiring care will be older than the person providing care. This often happens in family relationships. For example, an aging parent might be cared for by their younger child.
When there is no legal relationship between the guardian and the person in their care, adult adoption might seem like a valid option. However, this is rarely the right choice.
For a start, it’s unlikely that the adoption will be approved, no matter what state you live in.
Instead, it’s often better to seek some form of legal guardianship. The legal guardian is often able to make legal, financial, and health choices for the person in their care, while providing physical and emotional support.
It’s less likely that an adult will try to adopt an older adult to formalize a bond, but there are some situations where it might occur.
During the 1980s, adult adoption was sometimes used by same-sex couples to secure a legal relationship. This was particularly common during the AIDs crisis when a quick adoption was preferable to a prolonged legal battle.
Finally, a person in a relationship with a significant age gap might be interested in adopting their stepchildren, even if the children are technically older than them.
While some states might accept the adoption, as long as everyone consents, it’s still unlikely.
What Prevents You From Adopting Someone Older Than You?
Adoption is intended to formalize a bond between a parental figure and a child figure. Most adoptions that occur in the US are of people under the age of 18. There are also adult adoptions during which an adult adopts another, consenting, adult (see also “Can You Adopt An Adult?“).
Adult adoptions might involve two parties over the age of 18, but they’re still intended to represent the traditional parent-and-child relationship. The person doing the adopting is the older person in the relationship.
The age regulations in adoption have been put in place to prevent people from abusing the system. As adoption comes with some legal and financial benefits, the restrictions are intended to ensure no one gets taken advantage of.
If you do try to adopt someone older than you’ you will have to convince a court that this is the best choice for everyone involved.
Can You Adopt Someone The Same Age As You?
Adoption between people of the same age is incredibly rare, and not allowed in many states. Adult adoption laws are determined at a state level, not a federal level.
This means that while in some places adult adoption is a relatively straightforward procedure for two consenting parties, in others, the rules are more complex.
In many states, there is a minimum age difference requirement. The person being adopted must be at least a certain number of years younger than the person adopting them. Typically, this minimum age gap will be 10 years.
For that reason, a person will rarely be approved to adopt another person of the same age.
Is Adult Adoption The Right Choice For You?
It’s rarely the right choice to adopt someone older than you, and it’s unlikely the adoption will be approved by the court.
If you’re looking to take guardianship of someone with mental or physical limitations, it’s better to seek another form of legal responsibility.
As guardianship regulations vary from state to state, we recommend contacting a lawyer to find out how best to proceed.
These forms of guardianship might not be adoption, but they do offer similar benefits for both parties.
Final Thoughts
It’s incredibly rare for a person to be granted permission to adopt someone older than them, and there are few situations where this is the right choice for all involved. Instead, it’s often better to seek other forms of guardianship.
Hi, I’m Joan Crassel, and I started my firm in 2006, with the goal to help and represent clients in a range of adoption-related matters.
Since then, the firm has gone on to aid hundreds of clients in adoption proceedings, and in other areas of family law.
With this site, I hope that you can find all of the answers that you are looking for, with in depth guides and informative articles from lawyers, not bloggers or social media influencers. We have actual first-hand knowledge of the adoption process, and can provide you with insight that no one else can.
