Can you adopt an adult?

[Guest Texas Ted]

If a dear friend were to somehow become my legal dependent, he might be covered by my company’s health insurance.

 

Is there any way?

[JamesK840]

I think you can adopt an adult, but it would not have the affect you are hoping for even if you did. Most benefits specify an age for dependents after which they no longer apply, sometimes extended if the dependant is in college.

 

Instead you should ask your program administrator (who should be required by law to keep such information confidential, maybe you should ask that first) if your insurance has any kind of 'domestic partner' benefit. Many do nowadays, you may be surprised.

 

I do wonder though, could adoption of an adult be helpful for citizenship...? Doubt it.

 

I also wonder how long 'till we see a fight to get a (Massachusetts) same-sex spouse citizenship... mail order males, fresh from Brazil, damn it--I should register a business plan!

[bigjake8]

Yes, you can adopt an adult. No, it would not help your health insurance or taxes, as there are age limits.

 

However, the more important thing is that you can not un-adopt. If gay marraige should ever pass, you would be ineligible forever, as you would be considered father-son.

[Guest bighugbearphx]

Adoption may not be necessary.

 

First of all, to claim someone unrelated to you as a dependent on your tax return, they must satisfy FIVE tests: (1) US citizen or resident, (2) unmarried at year end, (3) must live with you ALL year, (4) you must be providing MORE than half of their support for the year, and (5) they cannot have income in excess of the personal exemption amount ($3,050 for 2003). However, someone can be considered your dependent FOR MEDICAL PURPOSES ONLY if they satisfy rules 1-4, regardless of their income.

 

So, if your domestic partner and you share a checking account, paying all of your joint expenses through it, and the disparity in your incomes makes it obvious that YOU are paying MORE than half of the total expenses, you may be able to consider him/her your dependent for medical purposes. That simply means (1) that you can deduct medical expenses you paid on his behalf (same as any dependent) AND (2) an employer can provide tax-free medical insurance benefits to him as your dependent.

 

That last one is very important, since, even if the employer provides insurance to domestic partners, tax laws say that such benefits CAN'T be tax free UNLESS your partner also qualifies as your dependent FOR MEDICAL PURPOSES. That can make a big difference in your taxes, since - otherwise - the VALUE of domestic partner benefits are added to your taxable wages on Form W-2, and that can easily amount to $5,000-6,000 a year of "phantom" income you never actually receive in cash. If the DP qualifies as your dependent, that can be provided without the employer charging you with that income (or paying the payroll taxes on it, so it saves them money as well.)

 

Of course, no employer MUST provide domestic partner benefits to begin with, and none are required to honor the concept of "medical dependent" in excluding such benefits from income tax. It is a concept that many employers (and many human resources people and accountants) don't know about, so you should educate them on it and see if it can help you. I've done that with many of my clients' employers, and many (including American Express, U-Haul, Wells Fargo bank, etc.) now have forms for the employee to fill out to claim that their partners are also dependents for medical purposes.

[woodlawn]

>I do wonder though, could adoption of an adult be helpful for

>citizenship...?

 

If you're talking about getting an alien legal resident status in the US by having a US citizen adopt him, the answer is "No." In order to affect the immigration status of an alien, adoption must take place when the alien is no older than 16.

[FrancoDiSantisxxx]

According to Law & Order: Special Adoption Unit

 

You are asking three questions: one has to do with someone becoming your legal dependant, which Big Guy has answered with reasonable aclarity, however, your primary question seems to stem from a desire to have an adult receive benefits through your employer's health care insurance program and whether adult adoption might facilitate that.

 

Adult adoption is possible. A simple search for "adult adoption" on Google, then narrowed by your particular state, will give you the basic information you need.

 

However, as Big Jake and others pointed out, employment related benefits for dependant children are often based on age. The only way to provide a benefit for an adult dependant is often through domestic partner or spousal options.

 

Your best bet would be to investigate that through your benefits administrator, as was suggested.

 

Good luck!

[tedbear]

Back in the mid 80's I remember reading that adults were adopting their lovers in NYC so that the adoptee could keep rent-controlled real estate after adopting partner passed away. Some judges wouldn't allow it, but it was often successful. There was one case were one partner's father signed away his legal parental rights so the adoption could take place.

[chrismac]

I recall those two nuts from San Francisco (Marjorie Knoller and Robert Noel) with the killer beast dogs from hell (which killed Diane Whipple in their apartment building). The couple kept the dogs for a state prison inmate and avowed Aryan Brotherhood member whom they had adopted.

 

So there's a precedent for ya! :+