How to Adopt an Adult in Florida: Step-by-Step Guide

What Is Adult Adoption in Florida?

Adult adoption is a legal process that creates a permanent parent-child relationship between two consenting adults. In Florida, this process allows individuals aged 18 or older to be adopted, establishing the same legal bonds as exist between biological parents and children. Unlike minor adoptions, adult adoption in Florida is streamlined and requires no home studies, background checks, or waiting periods.

Who Can Adopt an Adult in Florida?

Under Florida Statute 63.042, the following individuals may adopt an adult:

Eligible Petitioners

• Single adults: Any unmarried individual aged 18 or older
• Married couples: A husband and wife may petition jointly
• Married individuals: A married person may adopt individually if their spouse consents, or if the court excuses the spouse’s participation for good cause

No Age Difference Requirement

Florida law does not require any specific age difference between the adopting parent and the adult adoptee, distinguishing it from some other states.

No Residency Requirements

Neither the petitioner nor the adult adoptee needs to have lived in Florida for any minimum duration. However, at least one party typically resides in Florida, and the petition is filed in the county where the petitioner or their attorney is located.

Who Can Be Adopted as an Adult?

Any person who is 18 years of age or older may be adopted in Florida. The adult adoptee must provide written consent to the adoption.

Spouse Consent Required

If the adult being adopted is married, their spouse must also consent to the adoption.

Common Reasons for Adult Adoption in Florida

Formalizing Stepparent Relationships

Many stepparents who raised an adult stepchild choose adoption to eliminate the “step” designation and create full legal family status. This is particularly common when the relationship began during the adoptee’s childhood.

Securing Inheritance Rights

Adult adoption establishes automatic inheritance rights under Florida law. The adopted adult becomes a legal heir with the same rights as a biological child, which can simplify estate planning and avoid the need for complex trust arrangements.

Honoring Foster Care Bonds

Former foster parents often adopt adults who were once in their care, especially when a strong parent-child bond was maintained after the individual aged out of the system. This provides permanent legal recognition of the family relationship.

Protecting Vulnerable Adults

Adult adoption can be used to ensure that individuals with disabilities or special needs receive appropriate care and legal protections through the parent-child relationship.

Estate Planning Tool

Some families use adult adoption as part of estate planning strategies, allowing adopted adults to benefit from trusts that designate “children” as beneficiaries.

Legal Requirements for Adult Adoption in Florida

Consent Requirements

Required Consents:

1. The adult adoptee must consent in writing
2. If the adult adoptee is married, their spouse must consent
3. The adopting parent must consent
4. If the adopting parent is married, their spouse must consent (unless excused by the court)

Biological Parents:

• Biological parents do NOT need to consent to adult adoption
• Biological parents must be notified of the adoption hearing
• They cannot object to or prevent the adoption once the adoptee is 18

Notice to Biological Parents

Florida law requires that biological parents receive written notice of the final hearing. This is for informational purposes only—their consent is not required, and they have limited ability to contest the adoption under Florida Statute Chapter 63.

If biological parents cannot be located, the petitioner can use constructive service (publishing a notice in a newspaper) to fulfill the notice requirement.

The Adult Adoption Process in Florida

Step 1: Initial Consultation

Meet with an adoption attorney to discuss your situation, motivations for adoption, and confirm eligibility. The attorney will explain the legal process, costs, and timeline.

Step 2: Prepare and File the Petition

Your attorney will prepare the Petition for Adult Adoption, which includes:

• Names and addresses of the petitioner(s) and adoptee
• Relationship history between the parties
• Reasons for the adoption
• Statement that the adoption is in good faith

Required Forms:

• Petition for Adult Adoption
• Consent of Adult Adoptee
• Consent of Adoptee’s Spouse (if applicable)
• Consent of Petitioner’s Spouse (if applicable)
• Cover Sheet for Family Court Cases

The petition is filed with the Circuit Court in the county where the petitioner resides or where the attorney’s office is located.

Step 3: Pay Filing Fees

Court filing fees in Florida are typically around $400.

Step 4: Serve Notice on Biological Parents

Written notice of the final hearing must be provided or served on to the adult adoptee’s biological parents.

Step 5: Attend the Final Hearing

The court will schedule a final hearing, typically within 30 to 90 days of filing. This hearing is usually brief (5 to 15 minutes) and often conducted virtually via Zoom or Microsoft Teams.

What Happens at the Hearing:

• The judge reviews the petition and supporting documents
• Both the petitioner and adoptee must attend (virtually or in person)
• The judge asks questions to confirm:
  • Both parties understand the legal implications
  • The adoption is voluntary and consensual
  • The relationship is genuine and not for fraudulent purposes
• If satisfied, the judge signs the Final Judgment of Adult Adoption

Step 6: Obtain Amended Birth Certificate

After the Final Judgment is entered, your attorney can help you obtain an amended birth certificate reflecting:

• The adoptive parent(s) as the legal parent(s)
• A new name, if the adoptee chooses to change it

The amended birth certificate is obtained through the Florida Office of Vital Statistics.

Total Timeline

Most adult adoptions in Florida are completed within 2 to 3 months from start to finish, assuming no complications arise.

Legal Effects of Adult Adoption in Florida

Creates Parent-Child Relationship

Under Florida Statute 63.172, the adoption creates a legal parent-child relationship “as if the child was born unto” the adoptive parent(s). This grants all rights, privileges, and obligations that exist between biological parents and children.

Inheritance Rights

Adoptee’s Rights:

• The adopted adult gains the same inheritance rights as a biological child
• The adoptee can inherit from the adoptive parent’s estate under intestacy laws
• The adoptee may be entitled to benefits from trusts that designate “children” or “descendants” as beneficiaries (though this depends on trust language)

Termination of Biological Rights: Adoption terminates the legal relationship between the adoptee and their biological parents, which means:

• The adoptee loses automatic inheritance rights from biological parents
• Biological parents lose inheritance rights from the adoptee
• Exception: If a biological parent is married to the adopting parent (stepparent adoption), that biological parent’s rights continue

Medical Decision-Making Authority

The adoptive parent gains the legal authority to:

• Make medical decisions on behalf of the adoptee if incapacitated
• Access the adoptee’s medical records as next of kin
• Visit the adoptee in hospital intensive care units

Name Change

The adult adoptee may change their last name as part of the adoption process. This is simpler and less expensive than pursuing a standalone name change petition.

Social Security and Government Benefits

• Adult adoption generally does not create or eliminate Social Security benefit eligibility
• Adopted adults may qualify for certain veterans’ benefits if the adopting parent is a veteran
• Adoption does not create retroactive child support obligations

Immigration Status

Adult adoption does not confer immigration benefits. For immigration purposes, the parent-child relationship must have been established before the child turned 16 (or 18 in certain circumstances).

Cost of Adult Adoption in Florida

The typical all-inclusive cost for adult adoption in Florida ranges from $2,500 to $4,000, which generally covers:

Attorney Fees: $1,500 to $3,000 (varies by attorney and complexity)

Court Filing Fees: $300 to $450 (varies by county)

Service of Process: $50 to $150

Birth Certificate Amendment: $50 to $100

Many attorneys offer flat-fee packages for straightforward adult adoptions.

Stepparent Adult Adoption

Stepparents adopting adult stepchildren represent one of the most common types of adult adoption. Florida provides specific forms for stepparent adoptions (Form 12.981(c)(1)).

Special Considerations:

• The stepparent’s spouse (biological parent) must consent
• The other biological parent must receive notice, but cannot block the adoption
• The stepparent adoption does not terminate the rights of the biological parent who is married to the stepparent

Special Situations and FAQs

Can LGBT Couples Adopt Adults in Florida?

Yes. Florida courts struck down the ban on same-sex adoptions in 2010. Same-sex couples have the same rights to adopt as opposite-sex couples.

Can I Adopt Multiple Adults Simultaneously?

Yes. A petitioner can adopt multiple adults, though each adoption requires separate paperwork and filing fees.

Can Adult Adoption Be Reversed?

No. Florida law does not provide for reversal or annulment of adult adoption. Once finalized, the parent-child relationship is permanent. The only potential option would be a petition to set aside the judgment based on fraud or duress, which must be filed within a limited timeframe.

What If Biological Parents Object?

Biological parents have no legal standing to prevent adult adoption. While they must receive notice, their objection does not affect the court’s decision.

Do I Need a Lawyer?

While not legally required, hiring an experienced adoption attorney is strongly recommended. An attorney ensures all paperwork is properly prepared, deadlines are met, and the process proceeds smoothly. Errors in the process can cause significant delays.

Can I Adopt My Same-Sex Partner?

Generally, no. Florida courts typically do not approve adult adoptions that are intended to create a romantic relationship rather than a parent-child relationship. Adult adoption is designed to formalize parental bonds, not romantic partnerships. Couples seeking legal recognition should pursue marriage or domestic partnership options.

What Happens If the Adoptee Has Children?

The adoption does not affect the adoptee’s existing relationships with their own children. The adopting parent becomes the legal grandparent to the adoptee’s children.

Relevant Florida Statutes

Adult adoption is governed by Chapter 63 of the Florida Statutes, specifically:

• § 63.042: Who may be adopted; who may adopt
• § 63.062: Persons required to consent to adoption
• § 63.082: Execution of consent to adoption
• § 63.112: Petition for adoption
• § 63.142: Hearing; judgment of adoption
• § 63.172: Effect of judgment of adoption

Tax Implications

Federal Tax Considerations

• Adult adoption generally does not create dependency exemptions for tax purposes
• The IRS has specific rules about who qualifies as a dependent
• Consult a tax professional for advice specific to your situation

Gift and Estate Tax

• Transfers to adopted adults are treated the same as transfers to biological children for gift and estate tax purposes
• The annual gift tax exclusion and lifetime exemption apply

—Yes, you can adopt an adult in Florida.

Many people believe adoption is only for young children, but adult adoption is a legal process that allows any adult (18+) to be adopted by another adult. It is often used to formalize a stepparent bond, secure inheritance rights, or honor a lifelong parent-child relationship.

Unlike adopting a minor, adult adoption in Florida is a simplified process.

• No home study required.
• No background checks required.
• No waiting period.
• No consent required from biological parents.

Whether you are a stepparent making it official or a family solidifying a bond, this guide covers the requirements, costs, and steps to finalize an adult adoption in Florida.

Who Can Be Adopted in Florida?

In Florida, any person 18 years or older can be adopted.

• Age Difference: Unlike some states, Florida has no required age difference between the adopting parent and the adult adoptee.
• Residency: There is no minimum residency duration requirement. Neither the petitioner nor the adoptee needs to have lived in Florida for a set time, as long as the petition is filed in the correct venue (usually where the petitioner or attorney is located).
• Consent: The only people who must consent are the adopting parent (and their spouse, if married) and the adult adoptee (and their spouse, if married).

Why Choose Adult Adoption?

While many do it for emotional reasons—to officially become “Dad” or “Mom”—there are significant legal benefits:

• Inheritance Rights: The adoptee becomes a legal heir, inheriting from the adoptive parent by default, just like a biological child.
• Legal Protections: It allows legal “next-of-kin” status for hospital visitation and medical decision-making.
• Name Change: The adoptee can legally change their last name to match the family name as part of the process.

5 Simple Steps to Adult Adoption in Florida

The process typically takes about 3 months from start to finish. Here is how it works:

1. File the Petition

Your attorney will prepare and file a “Petition for Adult Adoption” in the circuit court. This document tells the judge who you are, who you wish to adopt, and why you want to establish this legal parent-child relationship.

2. Sign Consent Forms

Consent is the most critical part of adult adoption.

• The Adoptee: Must sign a consent form agreeing to be adopted.
• The Spouses: If the adopting parent or the adoptee is married, their spouses must also sign a consent form.
• Biological Parents: Do NOT need to consent. They cannot legally stop the adoption.

3. Serve Notice to Biological Parents

While biological parents cannot block the adoption, Florida law requires that they be notified. You must provide notice to the adoptee’s existing legal parents or formally serve them.

• Note: If a biological parent cannot be found, your attorney can use “constructive service” (publishing a notice in a newspaper) to fulfill this requirement.

4. The Final Hearing

Most adult adoption hearings are quick (5-10 minutes) and are often conducted virtually via Zoom or Microsoft Teams. The judge will ask a few simple questions to ensure both parties understand that this is a permanent legal decision. Once satisfied, the judge signs the Final Judgment of Adoption.

5. Amend the Birth Certificate

After the judgment is signed, your attorney will forward the order to the Bureau of Vital Statistics. They will issue a new birth certificate listing the petitioner as the legal parent and reflecting any name change.

How Much Does Adult Adoption Cost?

The total cost for an adult adoption in Florida is typically around $3,500. This fee generally covers:

• Attorney legal fees.
• Court filing fees.
• Costs to amend the birth certificate.

Frequently Asked Questions

Do biological parents have to agree? No. Once a child turns 18, they are a legal adult and can make their own decisions. Biological parents are entitled to notice of the hearing, but they cannot object to or prevent the adoption.

Does adoption affect child support? No. Since the adoptee is an adult, the adoption does not create or cancel any retroactive child support obligations. It is a relationship for inheritance and legal kinship, not financial support.

Can we do this if we don’t both live in Florida? Yes. Florida’s adult adoption statutes are very open. As long as at least one petitioner or the adoptee lives in Florida, you can file the adoption here.

Will my name change automatically? No, it is not automatic, but it is easy. If the adoptee wishes to change their name, you simply include that request in the initial petition, and the judge will approve it as part of the adoption order.