Hi izzy54,
1) Can I adopt a British citizen, 35, who is here with green card?
There is nothing in the law that states that the person you adopt must
be a U.S. citizen. The main requirement is that the adoptee be a
resident of Oregon six months prior to filing the petition, so you
will be fine in this regard.
Oregon's Law:
Title 11, Chapter 109 - Parent and Child Rights and Relationships
109.309. Petition for leave to adopt and for change of name; residency
requirement; where filed; venue; notice; placement report; fee.
(4) The petition to adopt a person 18 years of age or older may be
filed in the county where the petitioner, the person to be adopted or
the person who consents to the adoption resides.
109.329 Adoption of person 18 years of age or older or legally married.
(1) Subject to subsection (2) of this section, any person may
petition the circuit court for leave to adopt a person who is 18 years
of age or older or who is legally married. The petition shall be
accompanied by the written consent of each petitioner and the written
consent of the person to be adopted. The written consents shall be
filed with the petition.
(2) In addition to the written consents required under subsection (1)
of this section, an adoption of a person who is 18 years of age or
older or who is legally married is governed by the following:
(a) One petitioner or the person to be adopted must have resided
in this state continuously for a period of six months prior to the
filing of the petition; and
(b) The petition must be filed in the county in which one
petitioner or the person to be adopted resides.
(3) The court may grant the petition if the court finds, from the
allegations set forth in the petition and an attached affidavit, that
each petitioner:
(a) Understands the significance and ramifications of the adoption; and
(b) Is not acting under duress, coercion or undue influence.
(4) In a proceeding under this section, the court may:
(a) Appoint counsel for each petitioner or for the person to be
adopted or both or appoint a visitor, as provided in ORS 125.150. If
the court appoints counsel or a visitor or both under this paragraph,
the court shall apportion the costs among each petitioner and the
person being adopted.
(b) Hold a hearing.
(c) On the court?s own motion, take testimony from or hold a
conference with each petitioner and the person to be adopted. The
court may hold a conference with one party and exclude the other party
from the conference. In such a case, the court shall allow the
attorney for the excluded party to attend the conference.
(d) Require that notice of the proceeding be provided by each
petitioner to any or all of the following:
(A) The spouse of each petitioner.
(B) A person cohabiting with a petitioner who is interested in
the affairs and welfare of the petitioner.
(C) The adult children of each petitioner.
(5) If, upon a petition for adoption presented and consented to in
writing by each petitioner and the person to be adopted, the court is
satisfied as to the identity and relations of each petitioner and the
person to be adopted, that each petitioner understands the
significance and ramifications of the adoption, that each petitioner
is not acting under duress, coercion or undue influence and that it is
fit and proper that the adoption be effected, a judgment shall be made
setting forth the facts and ordering that from the date of the
judgment, the person to be adopted, for all legal intents and
purposes, is the child of the petitioner or petitioners.
http://www.leg.state.or.us/ors/109.html
2) I would like to become "family" and provide possible
support/inheritance, as well as act as grandparent to the children.
Is this possible?
Yes, you would be a family with no ifs, ands, or buts attached.
Oregon Legal Information
Estate Planning for Adopted Persons
"If you make a will or living trust leaving property at your death to
a class of family members, such as ?in equal shares to my children,?
the reference to ?children? will include your adopted children as well
as your birth children. You do not have to name an adopted child in
your will or trust or identify the child as adopted in order to have
that child included in the definition of children."
"This rule extends to grandchildren and great grandchildren. For
instance, if you provide that a share of your estate will go to your
?grandchildren? at your death, ?grandchildren? will include your
children?s adopted as well as their birth children. The same rule
would apply if you stated in your will or trust that if a child
predeceases you, that child?s share will go to that child?s ?issue? or
?descendants.? It also applies to more distant classes of relatives as
well, such as siblings or cousins.
This rule does not apply if you express a different intent in your
will or trust. For instance, if you want to leave a share of your
estate to your ?grandchildren? but want to exclude a grandchild who is
an adopted child of one of your children, you must have a provision in
your will or trust expressly excluding the adopted grandchild."
http://www.rcjlaw.com/adoption.htm
The Effect of Adult Adoption on Inheritance
"Perhaps the most common motivation for adult adoptions is to
establish inheritance rights for the adoptee. Those rights are
established in two significant ways.
First, adoption gives the adoptee the right to inherit from the
adopter under the laws of intestacy. Most states give adult adoptions
the same effect. When a person dies intestate ? that is, without a
will ? state law dictates who can inherit, and in what order of
preference. As a general rule, only blood relatives inherit. The only
exceptions to that rule are legal spouses and adopted children..."
"Under the laws of intestacy, spouses and surviving children?whether
adopted or biological?are preferred over parents, siblings, and all
more distant relatives. Thus, the adopted, adult child of an
unmarried, intestate decedent (the estate law term for the deceased)
will take from the estate's assets to the exclusion of all other
relatives.
Second, for the decedent who does not die intestate, but rather makes
a will and in it leaves property to the adoptee, adoption gives some
protection against a will contest."...
"But what if the only intestate heir is the same person to whom you
want to make a bequest in your will? The result is that no one will
have standing to challenge your bequest ? which is exactly the result
you, in writing the will, desire.
Adult adoption attempts to accomplish this very result. By adopting
someone who would automatically go to the front of the line for
inheritance purposes in the event of intestacy, a decedent can deprive
other angry relatives of standing to contest the will. Thus, an
individual who bequeaths assets to a lover (gay or otherwise) can
sometimes protect that estate plan by adopting the beneficiary.
Do a decedent's other relatives have any recourse at all when an
adopted child has been interposed between them and the decedent's
money? Only one: They can challenge the validity of the adoption. If
they can successfully challenge the adoptive relationship, they can
nullify its effect on inheritance..."
http://writ.news.findlaw.com/scripts/printer_friendly.pl?page=/grossman/20010116.html
3) What would my legal obligations then be if this took place?
"In contrast with adoptions of children, states have expressly or
impliedly dispensed with the requirement that an adult adoption be in
the adoptee's best interest, or that there be evidence of a
pre-existing or planned conventional parent-child relationship.
Moreover, because the adoptive parent of an adult incurs no legal
obligations, there is little if any inquiry by the state into the
parent's fitness, or his or her motive for adoption."
http://writ.news.findlaw.com/scripts/printer_friendly.pl?page=/grossman/20010116.html
4) Can this be done without "dis-owning" the actual parents?
No, an adoption "severs the existing relationship with biological parents".
Oregon Legal Information
Estate Planning for Adopted Persons
"As all adoptive families know, adoption changes the legal
relationship between the adopted child and both the child?s adoptive
parents and the child?s birth parents. For inheritance as well as for
other purposes, the legal relationship, rights and obligations between
the adopted child and the child?s adoptive parents are the same as if
the child had been born in lawful wedlock to the adoptive parents.
Conversely, the relationship, rights and obligations between the
adopted child and that child?s birth parents are the same as if the
child had not been born to the birth parents."
http://www.rcjlaw.com/adoption.htm
"In the same manner as child adoption, the adoption of an adult will
result in changes.
* Severing parental relationships. An adoption creates a new
parent-child relationship and severs the existing relationship with
biological parents (or with the non-custodial biological parent only,
in the case of stepparent adult adoption).
* New birth certificate. An amended birth certificate will be
issued for the adopted person, showing the adoptive parent(s) as birth
parents.
* Name change. The surname (last name) of the adopted person may
be changed to that of the adoptive parent(s).
* Sealed records. Adoption records for adult adoptions appear to
be treated the same as those for child adoptions in that the records
pertaining to the adoption will be sealed according to state law, even
though the parties to the adoption are adults and are aware of family
details. If this is a matter of concern, parties to the adoption
should keep copies of all documents relating to the adoption itself
and life events prior to the adoption for safekeeping.
http://www.adopting.org/adoptions/adopting-an-adult-how-to-adopt-an-adult-person.html
"From the adopted individual's point of view, one possible pitfall
comes from the fact that, once adopted, he or she will generally lose
the right to inherit from his or her biological parents. Thus,
although an adult adoptee gains the inheritance rights discussed
above, he may do so at the expense of losing others."
http://writ.news.findlaw.com/scripts/printer_friendly.pl?page=/grossman/20010116.html
5) Would this adpotion make the adoptee a citizen, without the usual test?
No, he will still have to go through the naturalization process.
5. Is automatic citizenship provided for those adoptive children who
are 18 years of age or older?
"No. Adoptive children who were 18 years of age or older on
February 27, 2001, do not qualify for citizenship under the CCA.
Unless they derived or acquired citizenship under previous laws, such
persons have not automatically become U.S. citizens. If they wish to
become U.S. citizens, they must apply for naturalization and meet the
eligibility requirements for that process."
http://uscis.gov/graphics/publicaffairs/backgrounds/cbground.htm
6) What do I need to do?
You will file a petition with your local county circuit court.
109.329 Adoption of person 18 years of age or older or legally married.
"(1) Subject to subsection (2) of this section, any person may
petition the circuit court for leave to adopt a person who is 18 years
of age or older or who is legally married. The petition shall be
accompanied by the written consent of each petitioner and the written
consent of the person to be adopted. The written consents shall be
filed with the petition.
(2) In addition to the written consents required under subsection (1)
of this section, an adoption of a person who is 18 years of age or
older or who is legally married is governed by the following:
(a) One petitioner or the person to be adopted must have resided
in this state continuously for a period of six months prior to the
filing of the petition; and
(b) The petition must be filed in the county in which one
petitioner or the person to be adopted resides.
(3) The court may grant the petition if the court finds, from the
allegations set forth in the petition and an attached affidavit, that
each petitioner:
(a) Understands the significance and ramifications of the adoption; and
(b) Is not acting under duress, coercion or undue influence."
http://www.leg.state.or.us/ors/109.html
Oregon Judicial Districts
http://www.ojd.state.or.us/aboutus/courtsintro/judicialdistricts.htm
7) How much time would it take, estimate of cost, need lawyer?
You need to visit your local county circuit court to find out the fees
and how long it would take as these will vary between counties.
Following is a link to Lane County to give you some idea. "...anyone
may petition the court for permission to adopt another person" but
seeking legal counsel is recommended, please ask at your circuit
court.
"Adult adoptions are not within the jurisdiction of DHS. If people
want to do an adult adoption, it is recommended that they get an
adoption attorney to assist them in processing their adoption."
http://www.oregon.gov/DHS/children/adoption/indadoptions/overview.shtml#adult
Filing Fees - Lane County Circuit Court
Petition $106.00
Certificate of Adoption $1.00
Change of Name $105.00
http://www.ojd.state.or.us/lan/geninfo/Fees/filingfees.htm
I hope my research helps to get you off to a good start. If you have
any questions, please post a clarification request and wait for me to
respond before closing/rating my answer.
Thank you,
hummer
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