Adoption of an adult who is incompetent

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§ 5-109. Adoption of an adult who is incompetent

If the adult who is being adopted has been found by a court to be incompetent:

(1) the legal guardian shall join in the petition for adoption;

(2) the court may, upon recommendation of the legal guardian:

(A) waive the requirement that the adoptee join in the petition;

(B) waive the requirements of subdivisions 5-105(b)(6) and (7) of this title with respect to the adoptee; and

(C) order an evaluation as provided in subdivisions 4-110(a)-(f) of this title; and

(3) the court shall:

(A) determine whether the adoptee has expressed an opinion about the granting of the petition;

(B) ensure that the adoptee has not been coerced or subjected to duress, exploitation, or undue influence; and

(C) not grant the petition unless the adoption is in the best interests of the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 76.)


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