Divorce Attorney: Learning More about Adult Adoption in Louisiana

The Louisiana Civil Code has a number of articles that help family courts decide a wide range of family legal issues.  One such article is article 212.  This article deals with a little known but still relevant phenomenon known as “adult adoption,” which a divorce attorney practicing family law occasionally encounters.

Some people have trouble believing that an adoption is necessary if the child is not longer a child, but an adult.  There remain however many compelling reasons for an adult to become adopted.  For one thing, sometimes a people can develop parent-child relationships when the child is young, but who never legally establish that connection.  Sometimes people may have personal reasons for solidifying that bond legally.

Furthermore, it can be important to consider this carefully with a family law lawyer or divorce attorney because of the testamentary and intestate considerations to be made.  Those are just the fancy legal words for situations which may arise in the future regarding a will of a deceased parent, or in the case of intestacy, no will at all.  If someone is adopted and becomes the legal son or daughter to another, than the adopting person becomes their legal parent.  This legal relationship could be the difference between a loved one receiving intestate monies and not.

For example, let’s say there is an orphan named Barry.  Barry is placed with a foster home when he is twelve years old, and eventually his foster parents become his legal parents.  Barry is never particularly close with either of his foster parents; he just thinks they are OK.  When he is 14 years old, Barry starts to work at a nearby factory.  He is very intelligent and a very hard worker, and so he soon gets promoted by the company.  He meets the company’s owner, Charlie.  Charlie is a very successful business man who sees himself in Barry.  Charlie makes it a point to mentor Barry on the ways of running a business.

Ten years later, Barry is the boss at Charlie’s factory.  They have developed a very close relationship.  Actually, Barry’s adoptive father died five years ago, and Barry asked Charlie to step in as his father for Barry’s wedding recently.  Barry’s wife is pregnant, and he would like his child to have a grandfather.  So he approaches Charlie and suggests an adoption.   Charlie readily agrees. 

Now let’s say that Charlie has three sons, and they are very greedy.  Charlie always felt that Barry was like his best son.  He was actually planning on re-writing his will, so as to give Barry more shares of his business.  Charlie never got around to re-writing it, but he did have a chance to revoke his old will.  Two days later he dies, will-less.

Now Barry’s adoption takes on even more importance.  If he were never legally adopted by Charlie, he would not be entitled to any of Charlie’s property if Charlie died without a will.  Now, because he is a legal son, he is entitled to a share as well.

Some people might hear the phrase “adult adoption” and think it does not make sense or that a divorce attorney practicing family law may be able to help out with this.  But in all actuality, there are a bunch of good reasons why an adult adoption might take place.

This article on adult adoptions in Louisiana is written with the sole intention of providing information.  It is not legal advice.  Will Beaumont is a divorce attorney in New Orleans.