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Personal, practical reasons guide adult adoptions

Dave Stafford
July 16, 2014
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Children become consenting adults when they turn 18, but that’s also the age at which a few will seek to legally become someone’s son or daughter.

Adult adoptions are fairly rare, but they’re sought for a host of reasons from the sentimental to the sensible, family law attorneys say.

Indianapolis attorney Mary Jane Norman said the process usually makes the new parent and child “very, very, very happy.”

Norman recalled representing a client who wanted to adopt a foster child but a biological parent would not consent, even though the child had bonded with the foster parent and also wanted to be adopted.

For children in such a situation, Norman said, “It’s good that they know, as soon as they turn 18, (guardians) can adopt me and the parents can’t do a darn thing about it.” Norman said she had one case in which the adoption was formalized the day the child turned 18.

Indiana makes adult adoptions straightforward between consenting parties. Unlike some states, there’s no notice or consent requirement for biological parents, and judges have authority to grant the petition “with the consent of the individual acknowledged in open court,” according to I.C. 31-19-2-1.

“It’s practically the easiest thing that can be done in the legal profession,” said Dick Clem, an Indianapolis attorney who’s worked on four or five adult adoptions in his 41 years in the profession.

“I did one a while ago where a woman I think was 40 years old, and she always thought of her stepfather as her father her whole life,” Clem said. “She just wanted him to adopt her.”
 

Gerald Zore Zore

Marion Superior Probate Judge Gerald Zore said the petitions, like all other adoption matters, are confidential, but typically they aim to formalize a bond that exists between stepparents or foster parents and their children.

But there are more practical reasons, too. Denise Safford, adoption coordinator in Zore’s court, said that in the past two years about 3 percent of the more than 500 petitions filed annually have been from people seeking to adopt someone 18 or older.

“When it’s a stepparent and the adult being adopted is in their 40s or 50s, really the stepparent has been a parent figure to them for many years, and so the stepparent really wants to get it done, especially if they don’t have a will or don’t want to do a will,” Safford said.

In such a situation, there are implications for the stepchild, particularly if the adopting parent dies intestate. “If they’re adopted, they have the same rights of inheritance as a biological child,” she said.

Stepparents in some cases also may want to pursue adoption of their adult stepchildren to ensure grandparent visitation rights, Safford said.

Matthew Schoettmer is an attorney at Van Valer Law Firm LLP in Greenwood who also is an officer in the Indiana National Guard. As such, he fields the occasional legal inquiry from soldiers.


shoettmer-matt-mug Schoettmer

“One of the other soldiers in my unit came up to me and wanted to adopt his wife’s daughter so that she could benefit from his Veterans Administration educational benefits,” Schoettmer said. He was happy to oblige.

In that case, the girl’s biological father died when she was young. Her mother remarried the Guardsman, and the daughter grew up knowing her stepfather as her dad, Schoettmer said.

“They had never seen a legal need to have an adoption until she was going to go to college and (her stepfather) was going to give his GI Bill benefits to her,” he said. The VA limits those benefits to biological and adopted children.

But Schoettmer said his work accomplished more than that. The stepdaughter also obtained an amended birth certificate and changed her name to that of her stepfather, “so that she could identify with him and say, ‘This man is my father.’ … It helped give them a piece of paper to show to the rest of the world they were a family, and more than just stepfather and stepdaughter.”

Indianapolis attorney Travis Van Winkle recalled a client who sought an adoption as an adult from a friend who wasn’t much older to escape biological parents who abused and tormented her even after she came of age. The woman changed her name and moved across the country.

Van Winkle recalled another case in which an elderly woman adopted a longtime friend who became a caregiver so that person could inherit from the woman’s trust.

Greenfield attorney Sarah Wolf said there are good reasons why someone would want to be adopted when they turn 18, but she counseled caution. If a guardian sought to adopt a child at that age, the child could lose any claim to future educational benefits from his or her biological parents. Likewise, some attorneys say, adults who are adopted run the risk of forfeiting any claim to inheritance from their biological parents.

Inheritance considerations in the past have motivated some adult adoptions. Since the estate tax in Indiana was abolished last year, that’s less of a consideration than it once was, but it’s still a factor.

Indianapolis attorney Marc Matheny noted that an adult adoption is a good way to guarantee that even if a will is thrown out for any reason, the adopted child will have a right to inherit.

Matheny recalled a case in his practice that was as personal as practical. An elderly woman who never married adopted a priest who was close to her. The adoption was partly for inheritance purposes, but also because, “She always wanted a son who was a priest,” he said.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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