Adoption of an adult

1. What does the adoption of an adult entail?

When we think of adoption, the immediate association is adopting children under 18 years old. While this is the most common scenario, our legal system also allows, on an exceptional basis, for the adoption of individuals over the age of 18. This situation primarily arises in blended families. For example, one person marries another who already has children from a previous relationship. Upon marriage, the new spouse may consider adopting their partner’s children as a way to legally integrate them into the newly formed family. Such adoptions can also occur in other scenarios, such as appointing someone as an heir.

To initiate the voluntary jurisdiction process for adult adoption, certain requirements must be met:

• Both the adopter and the adoptee must consent.
• The spouse or stable partner of the adopter must also agree. Typically, this spouse or partner is the adoptee’s biological parent, so this requirement is usually straightforward.
• A stable cohabitation between the adopter and adoptee must have existed for at least one year (Article 175.2 of the Civil Code). This stable cohabitation does not necessarily mean living «under the same roof,» as physical separation can exist due to work or educational reasons for either the adopter or adoptee.

One frequently asked question in our office is whether the biological parents of the adoptee can oppose this adoption. The law is clear: biological parents will be summoned to the hearing and their opinions will be heard, but as this involves an adult, the adoptee’s will takes precedence, even if the biological parents object.

2. Procedure for the adoption of an adult

This process is judicial in nature and must begin with the filing of a petition for the adoption of an adult at the Court of First Instance in the adopter’s place of residence. The Law on Voluntary Jurisdiction (approved in 2015) does not mandate the involvement of a lawyer or legal representative in such cases. However, it is highly advisable, as legal expertise is necessary to draft the petition and address any questions during the process.

3. Documentation required for the adoption of an adult

The documentation to be submitted in these proceedings can vary, but here is a list of documents commonly used to demonstrate cohabitation or a parent-child-like relationship:

a) Collective residency certificates listing both the adopter and adoptee.
b) Photo collections showing them with family and friends.
c) Sworn declarations from family and friends affirming that the relationship resembles that of a parent and child.
d) Basic documents such as birth certificates for both parties and their identification documents.

4. Legal consequences to consider in the adoption of an adult

It is essential to carefully consider the legal consequences of adopting an adult. This is not as easily reversible as some may imagine. The annulment of such an adoption requires the consent of both parties to terminate the adoption before the relevant Civil Registry.

The primary consequence is succession rights, as the adoptee becomes part of the family’s core heirs, with the same rights and obligations as other heirs in inheritance matters. The adoptee is legally treated as any other child.

Another direct consequence is the acquisition of Spanish nationality for adult adoptees adopted by a Spanish citizen. For instance, if a Spanish citizen is married to a Moroccan woman who has a child from a previous marriage, the Spanish spouse may adopt the child, who would then immediately acquire Spanish nationality by option. It is crucial to note that this nationality by option must be applied for within two years of the adoptee’s birth registration in the Spanish Civil Registry.

Obtaining spanish nationality through adoption

If you have additional questions about the process for adopting an adult, do not hesitate to contact our office.

Best regards,
Ricardo Cárdenas
Lawyer No. 10,756 of the Illustrious Bar Association of Málaga
Expert in Immigration and Nationality Law