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Adopting an Adult

By Laurence J. Cutler and Carly DiFrancisco
October 02, 2014

In many states, such as New Jersey, family court systems encompass a variety of matters in addition to their typical matrimonial docket. Judges are required to resolve issues in other areas of law that come under the “family” description, such as juvenile delinquency, abuse and neglect cases, and adoption. Matrimonial attorneys can benefit from becoming acquainted with the variety of statutes and case law in these other areas of family law. This article focuses on one of the nuances of adoption law that is becoming increasingly relevant in the United States, the adoption of adults.

Background

Adoption has long been a way to establish a legally recognized relationship between a parent and a child. There are two important goals of adoption: 1) the creation of a valid parent-child relationship; and 2) the creation of inheritance rights. But what happens when adult adoption is used primarily for inheritance purposes and the adoption virtually eliminates any semblance of a parent-child relationship being legally formed?

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