Adult Adoption in Florida: Steps and Requirements
What Is an Adult Adoption?
In Florida, any person over the age of 18 can be adopted by another adult if both people consent. An adult adoption legalizes a parent-child relationship between two unrelated adults.
To adopt an adult in Florida, you must (1) file a petition for adult adoption, (2) schedule the adoption hearing, (3) serve notice of the adoption on the existing parents, (4) attend the required hearing, and (5) obtain an amended birth certificate for the adult adoptee.
Requirements for Adult Adoption
- If the adoptee is married, their spouse must sign a consent to the adoption.
- Written notice of the final hearing must be served on the existing parents.
- 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.
- The petition for adult adoption must state why the petitioner wishes to adopt the adult.
- The adult adoptee must sign a consent to the adoption.
You do not need to have lived in Florida for any minimum amount of time to file an adult adoption.
You do not need to get the consent of the existing parents for an adult adoption. However, you must notify them about the adoption hearing.
You do not require a home study or background check for adult adoptions.
Who Can Adopt an Adult in Florida?
- Any single adult is eligible to adopt another adult.
- A married couple can adopt another adult jointly.
- A stepparent can adopt their spouse’s adult child.
How an Adult Adoption Works
An adult adoption terminates the legal relationship between the adoptee and the absent biological parents. The Petitioner becomes the legal parent of the adult adoptee.
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.
We help families throughout Florida.
Gideon Alper is an adult adoption attorney who has been helping families across Florida for over 15 years. He provides all services remotely and handles the entire adult adoption process from start to finish. His services start with a free phone or video consultation.
Five Steps to Getting an Adult Adoption
Here are the steps to getting an adult adoption in Florida:
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 in the court where the adoption attorney is located. The petition must include all attachments required by Florida law.
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. Serve Notice of the Adult 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.
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.
Most hearings take 5-10 minutes. Much of the legal work has already been done in preparation for the hearing day. 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.
After the hearing, the judge will enter the Final Judgment of Adult Adoption, which formalizes the parent-child relationship.
5. Amend the Birth Certificate.
Once the legal process is complete, your attorney can help you apply for an amended birth certificate. The amended birth certificate will list the Petitioner as the parent.
If the adult adoptee had their name changed through the adoption, then the amended birth certificate will reflect the change of name.
Adult Adoption Advantages
The benefits of adult adoption include:
- The ability for the adult adoptee to inherit from the parent.
- The ability to take on the adopting parent’s last name.
- Being able to identify as family in hospital or other emergency situations.
- In some situations, formally terminating the parental status of a toxic parent-child relationship.
- 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.
Tip: The most common type of adult adoption I see in my practice is a stepparent adoption of adult stepchildren.
How Much Does an Adult Adoption Cost?
An adult adoption costs about $3,500, which includes a legal fee, the court costs, the filing fee, and the birth certificate amendment fee.
Filing the adoption yourself would save you the legal fee, but you would need to strictly comply with Florida adoption law.
Adult Adoption FAQs
Can you adopt someone over 18?
In Florida, any adult who is 18 or older can be adopted by another adult as long as the adoptee agrees to the adoption. Both the adopting adult’s spouse and the adult adoptee must consent to the adoption. The adult adoptee’s existing parents do not need to consent.
How long does an adult adoption take?
On average, it takes 2-3 months to complete an adult adoption in Florida. Unlike adopting a minor, adult adoption in Florida does not require a home study or background check. There’s no six-month wait for residency.
How is adult adoption different from step-parent adoption?
Adult adoption isn’t limited to step-parents—it can occur between any consenting adults who want the legal parent-child relationship.
About the Author
Gideon is an adoption attorney who helps clients throughout Florida with stepparent, relative, and adult adoptions. He graduated with honors from Emory University Law School and has practiced law for over 15 years.
Gideon and the Alper Law firm focus on helping families where there is already a connection between the adoptee and the adoptive parent.