Is there an age limit for adult adoption in Kentucky?

In Kentucky, the age rule for adult adoption is that the person being adopted must be over 18. The statute reads: "An adult person over eighteen (18) years of age may be adopted in the same manner as provided by law for the adoption of a child and with the same legal effect." It sets no relationship condition. If you are wondering about a maximum age, the Circuit Court clerk in your county can confirm that.

The adopting parent's age: The adopter provision (KRS § 199.470) refers to "any person who is eighteen (18) years of age." No age gap between adopter and adoptee is stated there.

Inheritance and age: If creating inheritance rights is part of your reason, age matters in one more way. For inheritance and succession, an adoptee counts as the adopters' child only if adopted and living in their household before age 18 (KRS 199.520(2)(b)). An adult adoption has the same legal effect as a child adoption in general, but you may want an attorney to explain how this rule applies to your estate planning.

Consent: For an adult, the statute says "his consent alone to such adoption shall be required." There is no parental consent step. The age-12 consent rule applies to children, not adults. One detail is unclear. For child adoptions, a petitioner's spouse must join the petition unless married to the adoptee's biological parent (KRS § 199.470). Whether that joinder rule applies in an adult adoption is not stated, so ask the clerk or an attorney if you are married.

Where and how it works:

• Court: You file in the Circuit Court of the county where you live.
• Residency: There is no waiting period for Kentucky residents. Non-residents need 12 months in the state.
• Procedure: Adult adoptions follow the child procedure (KRS 405.390). That includes a hearing in chambers with at least one adopting parent present (KRS 199.515), followed by the judgment.