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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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I am a 33 year old who wants to be adopted. I have a tumor

Customer Question

I am a 33 year old who wants to be adopted. I have a tumor in my head and I don't want my kids to end up with my mother she is on drugs. I have two people that I look at like parents and we want this to happen so they would get my kids if somthing was to happen to me. There biological father passed away
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

I'm sorry to hear of this; a few minutes please as I look into this.

Expert:  LegalGems replied 10 months ago.

Thank you for your patience.

Adult adoption is much easier as it does not require termination of the adoptee's parents' parental rights.

Here is the relevant statute:

405.390 Adoption of an adult. An adult person over eighteen (18) years of age may be adopted in the same manner as provided by law for the adoption of a child and with the same legal effect, except that his consent alone to such adoption shall be required. History: Amended 1964 Ky. Acts ch. 21, sec. 6. -- Created 1950 Ky. Acts ch. 120, sec.

An adoption provides the party with the legal relationship similar to a biological child.

The adopting party would file a petition to adopt for an adult, in the county where they reside. This will not result in a name change-rather, the adopted adult would need to file a petition to change name of adult after the adoption decree is entered.

General information here on adoptions:

http://kyjustice.org/node/597

Also, it is wise to have an estate plan, be it a will or a trust, when one has minor children, specifying the adult that one wishes to have guardianship of the children in the event of the parent's death. The court will generally give preference to these people, but will still conduct a "best interest of the child" analysis, as that is done in all cases involving minor children.

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