What are the reasons a judge might deny an Adult Adoption?
Generally, the courts will not interfere with an adoption of a consenting adult. However, there are instances where a judge may deny or reject the adult adoption. These are 4 common reasons that we see –
- The adoption is being sought to defraud creditors, evade criminal prosecution, or avoid responsibilities under the law.
- One of the parties to the adoption is being taken advantage of, such as a disabled or elderly person, or someone under duress.
- The adoption is being used to manipulate the legal system, like in a Florida case where a businessman adopted his girlfriend for the sole purpose of protecting assets from an ongoing civil dispute. (I wonder if he realized that by adopting his girlfriend he was creating a relationship stronger than marriage. Afterall, marriage can end by divorce, but children are forever!)
- The judge is not familiar with adult adoption and is uncertain about granting one.
Adoption Tip! If this happens to you, respectfully point out that the Texas Family Code section 162.501 et seq. specifically addresses adult adoptions. The only consent required in the statute is that of the person being adopted. If the legislature had wanted to require consent of the biological parent, it would have included it in the statute (like with adoptions of minors). Because it is not in the section, it is not required.
If you believe you have a situation where your adult adoption may be (or has been) denied, contact us to see if we can help!