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About Terrie
Expertise
Hello, I am an adoptive mom, past foster parent, I also work with a support group for potential and current birth and adoptive parents. I am also very knowledgable about Open and Private adoption. As well as using a lawyer, counseling, Homestudies, Also Legal Guardianship.

Experience
I am an adoptive mom, on online community leader, as well as I am the founder of an Support group for adoption, We help potential birth and adoptive parent's. Find answer's to their need. I also can refer them to appropriate resources.

Organizations
United thru Adoption,Online community Leader on adoption concerning Open Adoption and Adopting an Older child.

 
   

You are here:  Experts > Parenting/Family > Adoption > Adoption Issues > Going from Legal Guardianship to Adoption

Topic: Adoption Issues



Expert: Terrie
Date: 1/8/2008
Subject: Going from Legal Guardianship to Adoption

Question
My Husband and I have a bit of a unique situation. We took legal guardianship of a 15 year old boy on 7/25/06, whom we are not in anyway biologically related to. He was in a boys home where my husband worked in Indiana. His biological dad is in and out of jail, his step-mom is abusive. They were at the hearing and consented to the guardianship. His biological mom was not there and is no where to be found. I believe her rights were completely terminated at the guardianship hearing. His dad and step mom live in Indiana and do desire to be in his life, however no legal visitation has been set up. We live in Ohio. Our minor is now 17 and has asked us about the possibility of an adult adoption when he turns 18. I have been reading about adult adoptions but have a few questions. Is it a difficult process to go from guardianship to adoption? Is it expensive? Will we have to do a home study even though he's been with us since 2006 and will be 18? Will his biological dad have to consent if we wait until after he has turned 18? Will his dad have to appear in court? My understanding is that the process would be far less difficult if we waited until he was 18 to finalize this child/parent relationship, is that correct? And one final question, what would be the difference between an adult adoption  and just legally changing his name to take our name? Thank you for your help!

Answer
I wish yours was a question I felt capable of answering my best advice is that you really need to contact a lawyer. Also if you only change his last name then he will not legally be an heir when you die and he will have no legal right to inherit from you as he would as your legally adopted child. I would ask a lawyer the laws in your state and that of his birthparents as to the adoption laws for 18 year olds. Best wishes
Terrie

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