Kinship Adoption in Florida

Relative adoptions and grandparent adoptions are also known as kinship adoptions. A kinship adoption allows a person to formally adopt a grandchild, niece, nephew, or sibling. In Florida, a kinship adoption uses streamlined court rules and procedures that make the process quicker and less expensive than a typical adoption.

A kinship adoption grants parental status to the adopting person, terminates the parental status of the biological parents, and allows the adoptee to change their name.

Who Counts as a Relative in Florida?

In Florida, a relative is someone within the third degree of consanguninty. That includes a child, grandchild, great grandchild, sibling, nephew, or niece.

Family members that are not within the third degree of consangunity cannot be adopted using the streamline Florida kinship adoption procedures. For example, you cannot adopt the children of your niece or nephew through a kinship adoption, although you may still be able to adopt them using standard adoption procedures.

How to Complete a Relative or Kinship Adoption in Florida

Florida law has created expedited and simplified procedures for adoptions by relatives. The procedure is similar to a stepparent adoption. Relative adoptions are governed by Chapter 63 of the Florida Statutes.

The steps to a Florida adoption by grandparents or relatives are as follows:

1. File the petition. A petition is filed in the Circuit County of the Court where the grandchild lives or where the adoption attorney is located.
2. Obtain consent. Without the consent of the biological parents, grandparent adoption is difficult, but not impossible.
3. Attach to the petition all required documents. These documents include the UCCJEA, the Indian Child Welfare Act Affidavit, the birth certificate, and copies of any prior court orders concerning custody or support.
4. Schedule hearing. Schedule a hearing by contacting the judicial assistant of the judge assigned to the case
5. Judicial review. The judge will review the case. If everything is in order, the judge may decide to grant the adoption.

Should You Consider a Kinship Adoption?

Sometimes, for whatever reason, a child’s biological parents are not the best parents for the child or are not available to actively parent the child. For example, sometimes the child will already be attached to their extended family while the child’s relationship with their parents is interrupted by death or some other situation where the parents can no longer take care of the child.

Fortunately, the child’s family members can step in and adopt the child. The grandparent or relative adoption grants the family members full legal parental rights.

Cost of Relative Adoption in Florida

It costs between $2,500 and $3,500 for a relative adoption in Florida. You may qualify for the adoption tax credit, which reduces your income tax by the amount of your adoption expenses.

Note that adoptions by a stepparent do not qualify for the adoption tax credit. You should contact a CPA or accountant for more information about your taxes.

Length of Adoption Process

If the current parent consents, the relative adoption process takes no more than three months. Most of that time is waiting to schedule a hearing with the judge assigned to the relative adoption case. In a relative adoption, the order to terminate the current parent’s rights is not a separate matter, so the entire process (the termination plus the adoption) can be done in one proceeding and one hearing.

Home Study

In Florida, most regular adoptions require a home study. However, adoptions by grandparents and other relatives do not. This exception to the normal home study requirement is the primary way Florida law makes it easy for people to adopt their relatives.

Grandparent Adoption in Florida

Florida is home to many grandparents that are raising their grandchildren. Sometimes they help temporarily, while other times, what they thought was temporary has become several years. Regardless of why you are raising your grandchildren, to secure the most permanent custody you should complete a grandparent adoption.

Florida has expedited procedures that make it easy for grandparents to adopt their grandchildren, provided the child’s current parents consent to the adoption. Parental consent may not be required because Florida law generally allows courts to terminate parental rights without consent when the parents abandon their child emotionally or financially. However, showing abandonment is difficult: Florida law generally protects a parent’s right to raise their own child.

Finally, nobody is too old to adopt. In fact, grandparent adoptions are one of the most common types of adoptions in Florida. Every child deserves to have loving parents, and sometimes a grandparent needs to be those parents for their grandchildren.

Frequently Asked Questions