Adopting adults is a topic that raises many questions in today’s society. Although most people associate adoption with childhood, can you adopt an adult? The answer is yes, and in this article we will explore all aspects of this legal process in Spain.

In this context, it is essential to understand the requirements, process and legal implications of adopting an adult. This will help you make an informed decision if you are considering this option as an act of love and commitment.

What requirements must be met to adopt an adult?

To adopt an adult, certain requirements must be met. First, the adopter must be over 25 years old and at least 14 years older than the person being adopted. This ensures an age difference that fosters a family bond.

The requirements for adopting an adult in Spain include:

• Having lived together for at least two years beforehand.
• The explicit consent of the person being adopted.
• Legal capacity to adopt, meaning there must be no impediments or criminal records that could affect the process.

In addition, if the adopter is married, their spouse’s consent is required to proceed with the adoption. This is intended to ensure that the decision is made jointly rather than unilaterally.

What does the adult adoption process involve?

The adult adoption process in Spain is relatively straightforward compared with adopting a minor. This procedure does not require a lawyer or court representative, which simplifies the administrative formalities.

The process generally involves the following steps:

1. Submitting an application to the relevant Court of First Instance.
2. Submitting the required documents, including psychosocial reports.
3. A court hearing, where the case is assessed and both parties are heard.
4. A court decision formalising the adoption.

The process may take between three and six months, depending on the court’s workload and the complexity of the case. Once completed, the adoption grants the adopted person inheritance rights and parental authority.

What are the legal consequences of adopting an adult?

Adopting an adult involves not only an emotional bond but also various legal consequences of adopting an adult. One of the main consequences is the acquisition of inheritance rights, meaning that the adoptee is entitled to inherit from the adoptive parent and to receive care if needed.

Another important consequence is the possibility that the adoptive parent may exercise parental authority over the adoptee, although this depends on the circumstances and the relationship between the two parties.

Once the adoption is formalised, the adoptive parent and adoptee may also apply to change their surnames, which can be significant in terms of family identity.

What documents are needed to adopt an adult?

The documents required to adopt an adult are essential to ensure a smooth and transparent process. They include:

• A duly completed adoption application.
• Psychosocial reports assessing the adoptive parent's suitability and the existing relationship.
• Identity documents for both parties: DNI or passport.
• Municipal registration certificates for both parties.

All documents must be up to date and meet the requirements set by the court. This can help prevent delays in the adoption process.

Can a foreign adult be adopted?

It is possible to adopt a foreign adult, but additional procedures must be followed. In these cases, it is important to understand the laws of the person's country of origin, as well as the implications of Spanish law.

The adoptive parent must meet the requirements established in Spain, obtain the adoptee's consent and comply with the regulations of the country of origin. This includes ensuring that international law and bilateral agreements are respected.

Evidence of the prior relationship may also be required, along with reports showing that the adoption is in the adoptee's best interests.

Can you adopt your partner's adult child?

Adopting your partner's child when they are an adult raises many questions. In general, it is possible, provided the legal requirements are met and consent is given.

Your partner's child must give their explicit consent to the adoption. This means they must agree to the decision and understand its implications, such as acquiring inheritance rights and the change in the family relationship.

The adoptive parent and adoptee must also submit the relevant documents to the court, just as they would in any other adoption process.

Related questions about adopting adults

When can an adult be adopted?

An adult can be adopted at any time, provided the legal requirements are met. It is essential that there has been a prior cohabitation relationship, which is key to legitimising the adoption.

In general, anyone who meets the age and other requirements mentioned above may apply to adopt. This fosters an inclusive family environment and allows adults to receive the support and rights that adoption entails.

How much does it cost to adopt an adult in Spain?

The cost of adopting an adult in Spain is relatively low compared with adopting a minor. In most cases, the process does not require payment of lawyers' or court representatives' fees, which significantly reduces the overall cost.

However, bear in mind that there may be costs associated with obtaining documents and psychosocial reports, or travelling to the court. These expenses are generally minimal and affordable.

How old do you have to be to adopt?

To adopt an adult in Spain, the adoptive parent must be at least 25 years old and at least 14 years older than the person being adopted. This rule ensures an age difference that supports the family relationship.

In general, there is no upper age limit for adoption. What matters is meeting the legal requirements and demonstrating the ability to build a positive relationship with the adoptee.

Can I adopt my partner's adult child?

Yes, it is possible to adopt your partner’s adult child, provided the legal requirements are met. The child’s consent is essential for the process to proceed without complications.

This type of adoption can strengthen family ties and provide a legal framework for the relationship, benefiting both the adoptive parent and the adoptee.