What Is Adult Adoption?
In Florida, an adult adoption allows a person over the age of 18 to be adopted by another adult. The adult adoption establishes a parent-child relationship between the adult adoptee and the person adopting. The process begins by filing a petition for adoption and finishes with the entry of a Final Judgment of Adult Adoption.
An adult adoption terminates the parental status of the biological parents and makes the person the legal parent of the adult adoptee.
The person adopting the adult is called the Petitioner, while the adult being adopted is called the adult adoptee.
An adult adoption is one of the most popular types of adoption in the state of Florida. To adopt an adult, you must (1) file a formal petition in the county where you reside or where your attorney is located, (2) serve notice of the adoption to the existing parents, (3) attend the final hearing, and (4) apply for an amended birth certificate.
Who Can Be Adopted as an Adult in Florida?
In Florida, any person who is over 18 years old can be adopted by another adult. The adult adoptee must consent to the adoption.
Florida does not have any upper age limit or any other requirements for the person filing for the adoption. The person adopting the other adult can either be single or married. If they are married, their spouse must consent to the adoption.
We help families throughout Florida.
Gideon Alper has been helping families across Florida with adoptions for almost 15 years. He provides all services remotely and handles the entire adoption process from start to finish. His services start with a free phone or Zoom consultation.
Why Pursue an Adult Adoption
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 relationship 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.
Requirements for Adult Adoption
In Florida, the requirements for adult adoption are established by Chapter 63 of Florida law. Under the law, an adult adoption requires:
- The adult adoptee’s spouse, if married, must sign a consent to the adoption.
- Written notice of the final hearing must be served onto 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 include a statement for why the petitioner wishes to adopt the adult.
- The adult adoptee must sign a consent to the adoption.
Neither the petitioner nor the adult adoptee must reside in Florida for any set length of time. Florida law previously required the adoptee to have lived in Florida for six months, but that requirement was repealed.
The existing parents do not need to consent to the adoption. However, they are legally entitled to be notified about the adoption hearing.
Steps to the Adult Adoption Process
Here are the steps to file an adult adoption in Florida:
1. File the 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 the 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 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. Conduct 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 make sure that everyone understands the legal ramifications of the adoption and wants to go forward 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.
Benefits of Adult Adoption
In Florida, an adult adoption formalizes the parental-child relationship between two adults. The benefits to 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.
Rights of Biological Parents in Adult Adoption
In an adult adoption in Florida, biological parents have very limited rights compared to a traditional adoption of a minor.
Florida law does not require a biological parent’s consent for the adoption of an adult. Once a person turns 18, they have full legal capacity to consent to their own adoption without needing approval from their biological parents. The biological parents do not have a legal right to object or prevent the adoption from going forward.
After the adult adoption is finalized, the legal relationship between the adopted adult and their biological parents is terminated. The biological parents are no longer considered the legal parents for purposes like inheritance, unless the adopted adult makes specific arrangements through a will or trust.
Adult Adoption FAQs
Here are some frequently asked questions about adult adoption in Florida.
How much does it cost to adopt an adult?
An adult adoption costs around $3,500, which includes a legal fee, the court costs, the filing fee, and the birth certificate amendment fee. Doing the adoption yourself would save you the legal fee, but you would need to strictly comply with Florida adoption law.
Can you adopt someone over 18?
Yes, in Florida, any adult who is 18 or old 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.
Is there an age limit to adopt in Florida?
There is no age limit to adopt in Florida. Any single person, or jointly married couple, can adopt another person in Florida. They do not have to be a certain age.
How long does an adult adoption take?
It takes 4 months on average to complete an adult adoption in Florida
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 almost 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.