Adoption

Adoption in Florida creates a legal parent-child relationship where one did not previously exist. The adoptive parent gains full parental rights and responsibilities, and the adoption is permanent once a Florida court finalizes it. Chapter 63 of the Florida Statutes governs the process for all adoption types.

Florida law recognizes several distinct types of adoption, each with different requirements for consent, home studies, cost, and timeline. The type that applies depends on the relationship between the adoptive parent and the person being adopted.

Types of Adoption

Stepparent Adoption. A married stepparent adopts their spouse’s child. The absent biological parent’s rights are terminated through the adoption. No home study is required. Stepparent adoptions typically cost $2,500 to $4,500 and take two to three months.

Adult Adoption. Any adult can adopt another adult who is 18 or older. No home study, no biological parent consent, and no residency requirement. Adult adoptions are common in stepparent-stepchild relationships that were never formalized when the stepchild was a minor. Cost is typically $3,000 to $3,500, and the process takes two to three months.

Kinship Adoption. A grandparent, aunt, uncle, or adult sibling adopts a relative’s child. Relatives within the third degree of consanguinity are exempt from the home study requirement. Kinship adoptions typically cost $2,500 to $3,500 and take two to three months.

Second Parent Adoption. An unmarried partner adopts their partner’s child without terminating the existing parent’s rights. This is common among unmarried couples—including same-sex couples—who want both partners to have full legal parental rights. A home study is required. Cost is typically $5,000 to $8,000, and the process takes three to six months.

Recognition of Foreign Adoption. Families who adopted a child in another country can have the adoption recognized by a Florida court. The court issues a Certificate of Foreign Birth, which functions like a Florida birth certificate. The process typically takes one to two months.

Who Can Adopt in Florida

Any adult may petition to adopt in Florida. There is no marital status requirement—single individuals, married couples, and unmarried couples can all adopt. Florida law does not impose an upper age limit, though the adoptive parent must be at least 18 years old for an adult adoption and at least 21 for a minor child.

Same-sex couples have the same adoption rights as any other couple in Florida. A 2010 court ruling struck down the state’s former ban on gay adoption, and no legal barrier to adoption based on sexual orientation exists.

If the child being adopted is 12 years old or older, the child’s consent is required unless the court waives it in the child’s best interest.

How the Adoption Process Works

Every adoption in Florida must be finalized by a state court, regardless of the type. The general steps are:

1. Consent or termination of parental rights. The biological parent either consents to the adoption or has their parental rights terminated by the court. Adult adoptions require only the consent of the adoptive parent and the adult being adopted. 2. Home study (when required). Second parent adoptions and private adoptions require a home study by a licensed social worker. Stepparent, kinship, and adult adoptions are exempt. 3. Petition and court filing. The adoptive parent files a petition for adoption with the circuit court. The petition includes documentation supporting the adoption and any required consents. 4. Finalization hearing. A judge reviews the case and, if everything is in order, issues a final judgment of adoption. At that point the adoptive parent becomes the child’s legal parent with all the same rights and obligations as a biological parent.

The timeline varies by adoption type. Stepparent, kinship, and adult adoptions typically take two to three months. Second parent adoptions take three to six months because of the home study requirement.