Who Qualifies for Adult Adoption
Adult adoption is not open-ended. The statute limits who can be adopted to specific categories. These include adults between 18 and 21 who consent, or adults of any age who are a current or previous stepchild, niece, nephew, cousin, or grandchild of the adopting person. Foster parents may also adopt a former foster child if they kept a continuous family relationship for five or more years.
Any adult person may adopt either another adult person who is at least eighteen years of age and not more than twenty-one years of age and who consents to the adoption or another adult person who is a current or previous stepchild or a niece, nephew, cousin or grandchild of the adopting person, by an agreement of adoption approved by a decree of adoption of the court in the county in which either the person adopting or the person adopted resides.
A.R.S. § 14-8101(A)The written agreement must state that both parties agree to take on the legal relationship of parent and child. That includes all the rights and responsibilities that come with it.
Court Approval and Spousal Consent
Adult adoption is not automatic. Both parties must appear in court, or send an attorney with written authorization. A court-designated investigator submits a written report on the welfare and best interests of everyone involved. The court then decides whether the adoption serves those interests and the public interest.
A married person who is not legally separated from that person's spouse cannot adopt an adult person without the consent of the spouse of the adopting person if the spouse is capable of giving the consent.
A.R.S. § 14-8101(C)One notable feature: the consent of the biological parents is not required. This sets adult adoption apart from the adoption of minors, where parental rights are central. For estate planning purposes, adult adoption creates a legal parent-child relationship that can affect inheritance rights. This makes it an important tool in certain family situations.