Adult Adoption in Florida

Adult adoption is a court proceeding that creates a legal parent-child relationship between two adults. The adoptee must be 18 or older. The adoption gives the adoptive parent full parental status and gives the adoptee inheritance rights, next-of-kin status, and the right to take the adoptive parent’s last name. The adoption also terminates the legal relationship between the adoptee and their biological parents.

Adult adoption in Florida is governed by Chapter 63 of the Florida Statutes. The process is simpler than adopting a minor because no home study, background check, or waiting period is required, and the biological parents cannot block the adoption.

Why Pursue an Adult Adoption

Most adult adoptions formalize a parent-child relationship that already exists. The most common scenario is a stepparent who raised a stepchild but never completed a stepparent adoption while the child was a minor. An adult adoption makes the relationship legally permanent.

Other common reasons include:

• Establishing inheritance rights so the adoptee can inherit as a legal child
• Gaining next-of-kin status for hospital visitation and medical decision-making
• Providing legal recognition for a foster parent or kinship caregiver who raised the adoptee
• Changing the adoptee’s last name to match the family name
• Terminating the legal relationship with an absent or harmful biological parent

Florida Adult Adoption Requirements

Florida law imposes few restrictions on adult adoption. Any adult can adopt another adult regardless of age, and there is no required age difference between the petitioner and the adoptee. The petitioner can be single or married. If married, the petitioner’s spouse must consent to the adoption. The adoptee must also consent in writing, and if the adoptee is married, the adoptee’s spouse must consent as well.

There is no residency requirement. Neither the petitioner nor the adoptee needs to have lived in Florida for any set period of time. The petition must be filed in the circuit court of the county where the petitioner resides or where the attorney is located.

The biological parents do not need to consent. They must be notified of the hearing, but cannot prevent the adoption.

Steps in the Adult Adoption Process

The adult adoption process involves five steps:

1. File the petition. The petitioner files a petition for adult adoption in the circuit court, along with the adoptee’s written consent and any required spousal consents. The petition includes a statement explaining why the petitioner wishes to adopt the adult.
2. Pay the filing fee. The county clerk charges a filing fee to open the adoption case. The amount varies by county.
3. Schedule the hearing. The clerk assigns the case to a judge. The attorney coordinates with the judge’s office to schedule a final hearing date.
4. Serve notice on biological parents. Florida law requires that the adoptee’s existing legal parents receive formal notice of the hearing. Notice must be delivered by a sheriff’s deputy or private process server. If the biological parents cannot be located, the court may allow constructive service by publishing a notice in a court-approved newspaper.
5. Attend the final hearing. Most judges conduct the hearing virtually. The hearing typically lasts five to ten minutes. The judge confirms that both parties understand the legal consequences of the adoption and that all procedural requirements have been met. The judge then enters a Final Judgment of Adult Adoption.

After the final judgment is entered, the attorney submits paperwork to the Florida Bureau of Vital Statistics to obtain an amended birth certificate listing the petitioner as the parent. If the adoptee’s name was changed as part of the adoption, the new birth certificate reflects the name change. The original birth certificate is sealed.

Legal Effects of an Adult Adoption

An adult adoption has the same legal effect as adopting a minor. The adoptee becomes the legal child of the adoptive parent for all purposes, including inheritance. The adoptee can inherit by intestate succession just like a biological child, and the adoptive parent gains next-of-kin status for medical decisions and emergency situations.

The adoption terminates the legal relationship between the adoptee and their biological parents. The biological parents lose all parental rights, including inheritance rights from the adoptee. The adoptee can also take the adoptive parent’s last name as part of the proceeding.

The adoption is permanent. It cannot be reversed without a separate court proceeding, and Florida courts almost never overturn a finalized adoption.

Cost and Timeline for Adult Adoption in Florida

An adult adoption in Florida typically costs approximately $3,000 to $3,500 as a flat attorney fee. This generally covers the legal fee, court filing costs, and the birth certificate amendment. The process takes approximately two to three months from filing to final hearing.

There is no adoption tax credit available for adult adoptions. The federal adoption tax credit applies only to the adoption of minors or individuals with special needs.

Disadvantages of Adult Adoption

Adult adoption carries several consequences that should be considered before filing:

• Inheritance complications in blended families. The adoptee becomes a legal heir with the same rights as a biological child. In blended families, this can create disputes over estate distribution if the adoptive parent’s will or trust does not account for the new legal relationship.
• Loss of biological family rights. The adoption severs the adoptee’s legal ties to their biological family, which can affect inheritance rights from biological relatives and access to family medical history.
• Effect on government benefits. Adoption may affect the adoptee’s eligibility for Social Security survivor benefits from their biological parents or other government programs tied to the biological family relationship.
• Permanence. The adoption is effectively irreversible. Both parties should be certain of the decision before proceeding.

Adult Adoption vs. Stepparent Adoption of a Minor

If the person you want to adopt is still under 18, a stepparent adoption is the appropriate proceeding. Stepparent adoptions of minors require consent from the biological parent whose rights will be terminated (or grounds to waive consent), which makes them more complex than adult adoptions. Once the child turns 18, the adoption can proceed as an adult adoption without biological parent consent.

Many families choose to wait until the child turns 18 specifically to avoid the consent requirement, particularly when the absent biological parent is uncooperative but has not technically abandoned the child.