Adult Adoption

In today’s video I will be discussing adult step-parent adoption.

Hi my name is Shana Gordon-Katz and I am an associate at the Feldstein Family Law Group. In today’s video I will be discussing adult step-parent adoption.

When I refer to adult step-parent adoption, I am referring to a step-parent who is seeking to adopt his or her independent adult child.

Adult adoptions generally occur in families where a significant bond has developed between a stepparent and a child and there is a desire by both the parent and the child to legally solidify this parent-child relationship.

Notably, the consent of both the stepparent adopter and the child adoptee are required before the Court will consider granting an adoption order.

Adult step-parent adoptions are different from other adoptions. That is to say, when dealing with adult step-parent adoptions, the adopting parenting does not need to use an adoption agency or submit to a home study. A stepparent wishing to adopt his or her adult child may apply directly to the Court, seeking an adoption order.

A review of recent case law regarding adult adoption, indicates that the following factors must be established before the Court will grant an adoption order:

  1. The Adoption would create an actual (not just a legal) change in the relationship between the Applicant and the proposed adoptee;
  1. Both parties are aware of the legal incidents of adoption and intend those incidents to govern their new relationship;
  1. The Application is motivated by psychological and emotional needs of the proposed adoptee for a new parent or for a parent to “fill the gap” in the parenting of the proposed adoptee; and
  1. The relationship between the applicant and the proposed adoptee would be enhanced and strengthened by the adoption order

For more information regarding step-parent adult adoption and assistance obtaining an adoption order from the court, please visit our website, www.separation.ca or contact at 1-855-909-9903 to schedule your consultation today.

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