How do I adopt an adult in Rhode Island?

In Rhode Island, you adopt an adult by filing a petition in the probate court of the city or town where you live, not in Family Court, which handles adoptions of minors. Rhode Island's statute says very little about adult adoption, so a few points depend on the court where you file.

Where to file: Under R.I. Gen. Laws § 15-7-4, petitions to adopt a person 18 or older are heard by the probate court of the city or town where the petitioners live (see also R.I. Gen. Laws 8-9-9). Adoptions of minors go to Family Court. Whether you live in Providence, Warwick, Cranston, Pawtucket, East Providence or elsewhere, your own city or town's probate court is the place to start.

Who can be adopted: The statute does not set eligibility rules for adult adoptions. It does not set an age gap for adults either. The "older than the adoptee" language applies to adoptees under 18. The Providence Probate Court's local rules allow adult adoption only to establish a parent and child relationship. Other courts may have their own rules, so ask your probate clerk what applies.

Consent and notice:

• For an adoptee 18 or older, the consent of, or notice to, the adoptee's parents is not required under R.I. Gen. Laws § 15-7-5(a).
• That section also requires consent from a child 14 or older. The statute does not spell out how this applies to an adult, but an adult being adopted should expect to take part and sign. Confirm the details with the clerk.
• The Providence rule requires notice to the adopter's spouse and the adoptee's living parents. That is a local rule, so ask whether your court does the same.
• If a spouse's or parent's involvement is uncertain or disputed, speak with the court clerk or an attorney about your situation.

Residency: The statute sets no specific length of residence for adult adoptions. Because the petition is filed where the petitioners live, plan on being a Rhode Island resident. The clerk can confirm any further requirement.

Home study: Rhode Island's home-study investigation under R.I. Gen. Laws § 15-7-11 applies to the adoption of a minor child. It is not required by statute for an adult adoption.

Hearing: Rhode Island's decree statute (R.I. Gen. Laws 15-7-14) refers to a hearing. The Providence rule schedules a hearing for adult adoptions with at least 10 days' notice. Ask your court about its hearing schedule and notice practice.

Timeline and fees: Adult adoptions in Rhode Island typically take about 4-8 weeks. The court's filing fee depends on the court, so the clerk can give you the current amount.

Steps to follow:

• Confirm with your city or town's probate clerk what forms, notices and rules they use for adult adoption.
• Complete the petition and any required