The court may assign the petition for hearing at any time. When used in this Act, unless the context otherwise requires: F. However, if * * * the petitioner or petitioners, or one (1) of them, are related to the child within the third degree according to civil law, or if * * * the adoption is presented to the court by an adoption agency licensed by the State of Mississippi, the residence restriction shall not apply. A person who has attained the age of legal majority may be adopted without the consent of the person’s parents. However, an adult may not adopt the adult’s spouse. Except as otherwise provided in this part, the procedure and law for adoption of a child set forth in this title is applicable in proceedings for the adoption of an adult.After examining each petitioner and the adult sought to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult. Any person may be adopted under this chapter; provided that an adult to be adopted must give written consent to the adoption. A person is available for adoption when the person is: … The adoption shall be by sworn petition filed in the chancery court of the county in which the adopting petitioner or petitioners reside or in which the child to be adopted resides or was born, or was found when it was abandoned or deserted, or in which the home is located to which the child has been surrendered by a person authorized to so do. (2) An adult may be adopted as provided in 42-4-401 through 42-4-405. An adoption of an incompetent individual of any age must comply with all requirements set by law for the adoption of a child. (1) Consent to the adoption of an adult or emancipated minor is required only of: (a) the adoptee; (b) the prospective adoptive parent; and (c) the spouse of the prospective adoptive parent unless: (i) the spouse and the prospective adoptive parent are legally separated; or (ii) the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interests of the adoptee and the prospective adoptive parent. (1) The court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor if the petitioner has lived in Montana for at least 90 days immediately preceding the filing of a petition for adoption. The provisions concerning the counseling requirement, preplacement evaluation, postplacement supervision period, and postplacement evaluation are not applicable to the adoption of an adult. Neither the consent of the natural parent or parents of the person to be adopted, of the division nor of any other person is required. The adopting person and the person to be adopted may file in the court in the county in which either resides a petition for a decree of adoption. A married person who is not legally separated from his or her spouse cannot be adopted without the consent of the spouse of the person to be adopted if the spouse is capable of giving that consent.
(c) A married person shall not adopt a person under the provisions of this section unless both husband and wife join in the adoption agreement, except that the Court of Probate may approve an adoption agreement by either of them upon finding that there is sufficient reason why the other should not join in the agreement. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child. A male or female child, or an adult, may be adopted, provided the other conditions set forth in this Act are met, and further provided, with respect to an adult, that such adult has resided in the home of the persons intending to adopt him at any time for more than 2 years continuously preceding the commencement of an adoption proceeding, or in the alternative that such persons are related to him within a degree set forth in the definition of a related child in Section 1 of this Act. (c) Notice has been served upon interested parties described in section 24a of this chapter. A resident of Minnesota may petition the court of record having jurisdiction of adoption proceedings to adopt an individual who has reached the age of 18 years or older.
Below are brief extracts from state legislation, with links to the state website where the legislation can be read in full. Note that in some states, adult adoption is available via a petition to the court; while in other states, it may not be permitted or may be limited to specific circumstances. Both the person adopting and the person to be adopted shall appear at the hearing in person. (b) A married minor may be adopted in the same manner as an adult under this part. A married person who is not lawfully separated from the person’s spouse may not adopt an adult without the consent of the spouse, provided that the spouse is capable of giving that consent. (a) A married person who is not lawfully separated from the person’s spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent.
Check state government websites for updates and further information.. An attorney may appear on behalf of a person who is not able to appear if the attorney has that person’s written authorization. Any individual may be adopted California State Code– Family Code – Division 13. (b) The consent of the parents of the proposed adoptee, of the department, or of any other person is not required. (a) A person may not adopt more than one unrelated adult under this part within one year of the person’s adoption of an unrelated adult, unless the proposed adoptee is the biological sibling of a person previously adopted pursuant to this part or unless the proposed adoptee is disabled or physically handicapped.
(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult’s spouse or by the guardian or conservator of an incapacitated adult. Hearing (c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.
The court in its discretion may require additional investigation if it finds that the welfare of the proposed adoptee will be served or if additional information is necessary to make an appropriate decision regarding the adoption. At the hearing the court shall examine the parties or the attorney of any party who is not present. (6) Whether the prospective adoptive parent or the prospective adoptive parent’s spouse has previously adopted any other adult and, if so, the name of the adult, together with the date and place of the adoption. When the petition for approval of the adoption agreement is filed, the court clerk shall set the matter for hearing. The court may require notice of the time and place of the hearing to be served on any other interested person and any interested person may appear and object to the proposed adoption. Both the prospective adoptive parent and the proposed adoptee shall appear at the hearing in person, unless an appearance is impossible, in which event an appearance may be made for either or both of the persons by counsel, empowered in writing to make the appearance. No investigation or report to the court by any public officer or agency is required, but the court may require the county probation officer or the department to investigate the circumstances of the proposed adoption and report thereon, with recommendations, to the court before the hearing. The prospective adoptive parent shall mail or personally serve notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, and to any living birth parents or adult children of the proposed adoptee, at least 30 days before the day of the hearing on an adoption petition in any case in which both of the following conditions exist: (a) The proposed adoptee is an adult with developmental disabilities.