Can an elderly stepparent adopt in Rhode Island?

Yes. Rhode Island's adoption statute sets no age wording for an older adult who adopts another adult, so an elderly stepparent can pursue adoption here. The only age language in the statute concerns minors. Older stepparents most often use adult adoption to formalize a bond that has lasted for years.

Who may be adopted as an adult: The statute is silent on adult eligibility. R.I. Gen. Laws § 15-7-4 only directs petitions to adopt someone 18 or older to probate court, and the "younger than" wording applies only to adoptees under 18. Nothing in the statute addresses adopting a stepchild, a spouse or an older person. The Providence Probate Court has a local rule allowing adult adoption only to establish a parent and child relationship. Other courts may have their own rules, so check with the clerk where you live.

Where you file:

• For an adult, the petition goes to the probate court of the city or town where you live, such as Providence, Warwick, Cranston, Pawtucket or East Providence.
• For a minor stepchild, the petition goes to Family Court.

If your stepchild is a minor: The adopter must be older than the child, with no set number of years in the statute. Rhode Island has no minimum residency period for stepparent adoptions under R.I. Gen. Laws § 15-7-4. Consent is required from a child who is 14 or older (R.I. Gen. Laws § 15-7-5(a)).