Is it possible to adopt an "emancipated" teenager, age 16/17? The law states that the emancipation is "irrevocable," but is that for just the parents, or for anyone wanting to adopt the teen? Both the teen in question ( my grand daughter ) and I live in the State of North Carolina.
Anyone with any actual knowledge and/or experience with this issue is welcome to comment, but I'm particularly interested in what the lawyers have to say.
2006-07-22 13:38:33 · 3 answers · asked by fhornsr 5 in Politics & Government ➔ Law & Ethics
I am not admitted to practice in North Carolina, but I don't think it is necessary to revoke the emancipation to adopt someone. The emancipation process is in place so that the emancipated individual can make decisions on their own behalf - adopting your granddaughter, I would assume, is more for legal standing (i.e., to make sure she is first in line as your heir) than it is a situation where you want to force her to abide by your decisions regarding her life. Therefore, I suspect you can proceed with the adoption process without the necessity of revoking the emancipation. I've known of adoptions of individuals well into their adult years (one man who was adopted was in his mid-30's), and he did not give up his legal right to make his own decisions; he merely got standing as an heir.
Good luck to you!
2006-07-22 14:06:14 · answer #1 · answered by Vicki D 3 · 3⤊ 0⤋
I concur with Victoria. In my state (NOT North Carolina) it is possible to adopt someone who is over the age of majority, (which would by implications, include someone who has been emancipated) It is rare, but is done for purposes of inheritance.
I have seen cases where it has happened, especially when it was wanted that there was no possibility of a contest of a bequeathment after death.
Consult an attorney in your state for more details. If you don't know one, ask your local or state bar association for a referral.
2006-07-23 02:36:27 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
Yes it is reversable. It requires a immense amount of paperwork, many, many hours of discusion and observing of both the child and the "new adopte" They have to make sure that the child is fully wanting this new home and is not being put under harm or stress to agree to it. It can take anywhere up to 6 months for all the paperwork and interviews to go through before a same claim judge will decide to allow or decline. It is a tedious process but if you love the child enough and you and she both truly want this.. then in the end the Judge will see it, and you will earn the right to be her guardian.
2006-07-22 20:47:23 · answer #3 · answered by jearthur2006 1 · 0⤊ 0⤋