Adult Adoption in Florida: Steps and Requirements

What Is an Adult Adoption?

Adult adoption is the legal creation of a parent–child relationship between individuals over the age of eighteen. It is used to formalize an existing family bond or ensure continued caregiving relationships. Florida law allows any adult to adopt another adult as long as both individuals consent.

There are two key legal effects of an adult adoption. First, the legal relationship with the absent biological parent is terminated. Second, the Petitioner becomes the legal parent of the adult adoptee.

To adopt an adult in Florida, you must:

1. File the petition.
2. Schedule the hearing with the judge.
3. Serve notice of the hearing.
4. Attend the final hearing.
5. Amend the birth certificate.

Who Can Be Adopted as an Adult in Florida?

In Florida, any person over 18 years old can be adopted as long as they consent to the adoption.

Florida law does not impose an upper age limit or other specific requirements for adult adoption. The person adopting the adult can be either single or married. However, if the adopter is married, their spouse must provide consent to the adoption.

Requirements for Filing an Adult Adoption

Chapter 63 of the Florida Statutes establishes the requirements for adult adoption in Florida. The most important requirements are:

1. If the adoptee is married, their spouse must sign a consent to the adoption.
2. Written notice of the final hearing must be served on the existing parents.
3. The adult adoption case must be filed in the county where the adopting parent lives or in the county where the attorney handling the adoption is located.
4. The petition for adult adoption must state why the petitioner wishes to adopt the adult.
5. The adult adoptee must sign a consent to the adoption.

Neither the petitioner nor the adult adoptee must reside in Florida for any set length of time. Florida law previously required the adoptee to have lived in Florida for six months, but that requirement was repealed.

You do not need to do a home study or background check for adult adoptions.

Under Florida Statute §63.062(8), the adult adoptee’s parents must receive notice of the hearing, but their consent is not required.

Steps to the Adult Adoption Process

1. File a Petition

A petition to adopt an adult begins the legal process. The petition is filed in the court where the petitioner resides or where the attorney is located, as required by Florida Statute § 63.102. The petition must include all attachments required by Florida law, including the consent from the adoptee and the adoptee’s spouse, if married.

The county will charge a filing fee to open the adoption court file.

2. Schedule a Hearing

Once the petition for adult adoption is filed, the county clerk will assign the file to one of the judges handling domestic relations cases. The judge assignment is random.

Each judge maintains their own scheduling procedures and calendar. You and your attorney will pick one of the available hearing dates for the final hearing of adoption.

After the hearing time is secured, your attorney should file and give you a copy of a Notice of Hearing.

3. Provide Notice of the Adoption

Florida law requires that notice of the adult adoption hearing be served on or provided to the adult adoptee’s existing parents. You do not need to obtain the consent of the existing parents to complete the adult adoption.

If you do not know the location of the existing parents, then constructive service is allowed. This means that the notice of hearing will be published in a court-approved newspaper.

4. Attend the Final Hearing

A brief hearing will be scheduled, during which the judge will review the petition and, if all requirements are met, enter a Final Judgment of Adult Adoption.

Most judges conduct the final adoption hearing virtually by Zoom or Microsoft Teams. That means both the adopting petitioner and the adult adoptee can attend the hearing from their home.

Your attorney will ask the adopting petitioners and the adult adoptee a series of simple questions during the hearing. Primarily, the judge wants to ensure that everyone understands the legal implications of the adoption and is willing to proceed with it.

5. Amend the Birth Certificate.

Once the judge signs the Final Judgment of Adoption, the Clerk of the Court will certify Form DH-527, which is the Certified Statement of Adoption. This form instructs the vital records office of the state where the adoptee was born to update the adoptee’s birth certificate.

If the adoptee was born in Florida, you can also request a copy of the new birth certificate by submitting Form DH-429 or by ordering one online through vitalchek.com.

If the adult adoptee had their name changed through the adoption, then the amended birth certificate will reflect the change of name.

Florida Official Adoption Forms

The Florida Supreme Court has approved specific forms that can be used in an adult adoption. Below are the key forms:

Form	Purpose	Link
Form 12.981(c)(1) – Petition for Adoption of Adult by Stepparent	Filed to begin the case when a stepparent is adopting an adult child.	Florida Courts – 12.981(c)(1)
Form 12.981(c)(2) – Consent of Adoptee’s Spouse	Used if the adult being adopted is married. The spouse must consent unless the court waives for good cause.	Florida Courts – 12.981(c)(2)
Form 12.981(a)(4) – Affidavit of Diligent Search	Required only if you must show notice was attempted for a person whose address is unknown.	Florida Courts – 12.981(a)(4)

Advantages of Adult Adoption in Florida

The benefits of adult adoption include:

1. The ability for the adult adoptee to inherit from the parent.
2. The ability to take on the adopting parent’s last name.
3. Being able to identify as family in hospital or other emergency situations.
4. In some situations, formally terminating the parental status of a toxic parent-child relationship.
5. Becoming legally part of the family.

Most often, an adult adoption legalizes a parent-child relationship that already exists. For example, an adult adoptee may have grown up with the Petitioner acting as if they were the adoptee’s parent, even if they were not legally. Often this is a stepparent who did not complete a stepparent adoption while the adoptee was a minor.

An adult adoption, therefore, is a way to legally formalize a parent-child for the remainder of their lives.

How Much Does an Adult Adoption Cost?

An adult adoption costs $3,500, which includes a legal fee, the court costs, the filing fee, and the birth certificate amendment fee.

Adult Adoption FAQs