Adoption by Seniors

By Gracie Davis – Deputy Executive Assistant at West Virginia Senior Legal Aid, Inc.

When most people think about adoption, they imagine young couples starting a family. However, in reality, adoption affects people of all ages. Furthermore, it plays a vital role in the lives of many West Virginia seniors. Whether it involves formalizing a caregiving relationship with a grandchild, solidifying emotional bonds with a stepchild, or ensuring stability and inheritance rights through adult adoption, adoption can be a deeply special and practical legal step for seniors.

In a state like wild and beautiful West Virginia, where many grandparents or other senior relatives step in to raise children, the importance of adoption generally and understanding adoption cannot be overemphasized. Often, these older adults have been caregivers for years or even the entirety of the child’s life. Yet, without formal legal status as a guardian, they may face significant obstacles when making decisions for the child (e.g., enrolling the child in school, accessing medical care for the child, or enabling the child to be a legal heir). Adoption allows a path to full legal authority as well as family stability and security.

Firstly, grandparent adoption is one of the most common forms of adoption involving seniors. When a child’s biological parents are unable or unwilling to provide care (e.g., death, incarceration, substance abuse, et cetera), a grandparent may step into the parental role. While legal custody or guardianship can be temporary solutions when a parent is unable or unwilling to provide care, adoption creates a permanent legal relationship. Adoption terminates the biological parents’ rights and bestows those rights upon the grandparent as if they are the parent. This may be especially crucial if the grandparent is concerned about the child’s long-term care, inheritance rights, or access to public benefits.

Secondly, stepparent adoption is also common, especially when seniors marry later in life. A senior who marries someone with children or grandchildren may develop a close bond with those children and want to make that connection “official.” In the case of a minor child, adoption typically requires the consent of the biological parent whose rights are being “replaced” or a court proceeding to terminate those rights. However, if the child is at least eighteen years of age, then the process is much simpler and typically does not require any involvement from the biological parents. This type of adult adoption can strengthen bonds, clarify inheritance intentions, and legally formalize relationships that have existed in practice for years.

Thirdly, adult adoption is not limited to stepchildren. West Virginia seniors may adopt an adult foster child, a former ward, a long-time family friend, a caregiver, et cetera. This is sometimes done to simplify estate planning, especially when someone has no biological family but wishes to grant property or decision-making authority to someone who has played a meaningful role in their life and is someone to be trusted. An adopted adult becomes a legal heir pursuant to West Virginia law, with all the same rights as a biological child, unless contradicted by a will or trust.

It is critical for seniors to understand the legal steps involved in adoption. All adoptions in West Virginia must be finalized through the courts. This process includes filing a petition, potentially undergoing a background check, attending court hearings, and receiving a final order of adoption from a judge. In some cases, like grandparent adoptions or adult adoptions, the court may waive requirements (e.g., a home study), especially if the parties already have a long-standing familial relationship. Nevertheless, the court will always consider what is in the best interest of the child, especially if a minor child is involved.

Older adults considering adoption should also consider long-term implications. For example, adoption may mean taking on legal responsibility for that child’s education, medical care, and general upbringing. It is smart to consider one’s own health, financial resources, and support system when deciding whether to adopt. Additionally, seniors should review and amend their estate planning documents (e.g., wills, powers of attorney, and beneficiary designations) after adoption to ensure consistency and clarity. Also, financial assistance may be available to help with the costs of raising an adopted child. Kinship caregivers in West Virginia may qualify for Temporary Assistance for Needy Families (TANF), Medicaid coverage for the child, and adoption subsidies for children with special needs. These supports can be immensely advantageous for seniors living on fixed incomes.

Legal advice is essential when navigating the adoption process. Each case is unique, and the legal requirements may vary based on the age of the individual being adopted, the biological parents’ circumstances, and the adoptive parent’s wishes. Adoption is a profound way to express one’s love and responsibility. For seniors, it can offer peace of mind, stability, and the ability to protect those who matter most. Whether you are raising a grandchild, forming a legal bond with an adult child, or planning for the future, adoption may be the right step, and you do not have to navigate it alone. For further aid, please contact a licensed attorney. West Virginia Senior Legal Aid is dedicated to defending West Virginia seniors’ rights.