What Is Adult Adoption?
Adult adoption is a legal process that creates a relationship (parental) between two non-biological related adults. According to the Florida statute, an adult who wants to be adopted must be at least 18 years old and at least 10 years younger than the adult who wants to adopt them.
All the parties, including their spouses, must consent to the adoption in writing. If you are getting started with adult adoption in Florida, you will create a new family bond with them and end the legal relationship between them and their birth parents. The only exception is if you are married to one of the birth parents, like in a stepparent adoption.
Adult adoption gives you many benefits, such as establishing legal rights and responsibilities. For example, the adopted adult can inherit from the adoptive parent, make medical decisions, and access their records. The adoption agreement or contract also ends the tie between the adopted adult and birth parents, who no longer have any rights or obligation to provide for the adopted adult.
Adoption allows the adopted adult (If they want) to change their name. They can take the last name of adoptive parents and request a new birth certificate mentioning their new identity. However, an adult adoption does not change or affect the immigration status of the adopted adult.
How to Adopt an Adult in Florida
You have to follow some important steps during adult adoption in Florida. For example, you have to fill out some Florida adoption forms, easily available on the Florida Court’s website. Then, you need to set a date for the hearing and inform the biological or birth parents of the adopted adult about it.
Then, attend the hearing and present your case to the judge. Finally, you need to request a new birth certificate for the adoptive adult that will reflect your parental rights or name on the certificate.
Let’s discuss all these steps in detail:
Step 1: File the Petition for Adult Adoption
The legal process of adopting an adult in Florida starts with filling out the petition. The petition is submitted to the court in the place where the person who wants to adopt lives or where the lawyer who helps with the adoption works. The petition must include all the necessary and required forms and documents that Florida law asks for. After that court will ask you to submit the fee to start the adoption file.
Step 2: Hearing Date
After filling out the petition for adult adoption, the court clerk will randomly assign your case to one of the judges handling domestic relationship matters. Every judge has a way of managing and scheduling the calendar. So, you (or your lawyer) have to choose one of the available dates for the final hearing.
Your lawyer should file and give you a copy of a “Notice of Hearing after securing the final date. This notice will inform you and the other party (Biological parents) about the hearing date and place.
Step 3: Notify the Involved Parties
The Florida law states that the current and biological parents of the adoptee must be notified about the adoption hearing. You don’t need permission to go ahead with the adoption from them, but you need to let them know about it. A professional process server, a sheriff’s deputy, has to hand over the notice personally to the biological parents.
If you don’t find the address or don’t know them, then you can publish the notice in newspapers, etc.
Step 4: Final Hearing
Most judges do it online via Zoom, etc., so you don’t need to go to court for the final hearing. Adoptees and you can easily join the hearing via online streams from your home, and these hearings are very quick; they usually take 5-10 minutes.
Your lawyer has done all the legal processes before the final hearing, and he will ask you some easy questions during the hearing. The basic thing about hearing is that the judge wants to make sure that you all know what the adoption means legally and that you all agree to it.
After the hearing, the judge will sign the final judgment of adult adoption in Florida, which makes the parent-child relationship official.
Step 5: Requesting new Birth Certificate
After all that process, your lawyer can help you get a new birth certificate. The new birth certificate will show the petitioner as the parent. If the adult adoptee changed their name through the adoption, then the new birth certificate will also show the new name.
Advantages of Adult Adoption
There are several benefits of adult adoption, and we’ve discussed some of them:
- Family Connection: you may have a close relationship with a child through friendship, step-parenting, foster care, or any other situations. As they grow older, you may want to make them legally part of your family, no matter their age.
- Provide care for an adult Person: if an older person has limited or no capacity to take care of himself, you may want to help then adult adoption is one of the best ways. If you have benefits for your children, such as vision, long-term care, or being a patient, you can extend these benefits to the adult you adopt. By adopting an adult, you can have more choices to provide for their ongoing care and comfort.
- Decision-making power: By adopting an adult, you can get the legal right to make medical decisions for them, and vice versa, if they cannot consent or are not able to. This can give you control and confidence over the treatment process of your loved ones and avoid any conflicts and interference from others who may not agree with you or don’t like your views.
- Social Security Benefits: you can get social security benefits based on your income or status by adopting an adult in Florida. If you adopt an adult who is disabled, you may get disability benefits or supplemental security income for them. If you adopt an adult who is a veteran or works, you may get veteran benefits and retirement benefits for them.
Disadvantages of Adult Adoption
As we discussed some of the benefits but adult adoption has some disadvantages too:
- Legal Difficulty: It’s a very lengthy and complex process, whether it involves a child or an adult.
- Financial Consequences: In some cases, the adoptee may have a legal right to inherit part of the adopting parents’ property, which could cause some problems or conflicts, especially in families with stepchildren or other relatives.
- Effects on Biological Parents’ Rights: an adult adoption severs the legal tie between the adopted adult and biological family, affecting their rights to inherit or access their family medical history.
- Emotional challenges: Adopting an adult can change the family dynamics in significant ways. It may affect the relationship with other family members who might feel excluded or ignored.
- Insurance Issues: Depending on the specific situation and jurisdictions, adult adoption may affect the eligibility for life insurance benefits or rates.
Requirements for Adult Adoption in Florida
Adult adoption Florida requirements are set by Chapter 63 of Florida law. To adopt an adult in Florida, you need to:
- The Adoptee must be at least 18 years old and consent to the adoption.
- Get the consent of the adult adoptee’s spouse if they are married.
- Provide the written notice of the final hearing to adult current parents.
- File the petition for adult adoption in Florida (or the County where you live)
- Include a statement in the petition for adult adoption explaining why you want to adopt the adult.
Note: You and the adult you want to adopt are not required to live for a certain period in Florida. Florida law used to require the adoptee to live in Florida for six months, but this law was removed.
Frequently Asked Questions
Q1: How do I petition for an adult adoption in Florida?
Ans: You need to file the adult adoption case in the Florida court (or in the court of the county where you are located). You have to add the statements about “why you want to adopt the adult, etc, in detail. The adult adoptee needs to agree to the adoption and sign the consent form.
Q2: Is there an age limit for adoption in Florida?
Ans: According to American Adoption, there is no age limit to adopt in Florida. Any Single person or jointly married couple can adopt another person in Florida.
Q3: How much does it cost to adopt a relative in Florida?
Ans: Adult Adoption in Florida costs around $3000, which covers the lawyer fee, the court fee, the filing fee, and the fee for changing the birth certificate. You can save the lawyer’s fee by doing the whole process yourself, but you have to be very careful and follow the Florida adoption law very carefully.
Q4: How long does an adult adoption take in Florida to process?
Ans: The time it takes to process an adult adoption in Florida can vary depending on the circumstances of the case. Usually, it takes 2-3 months to complete all the procedures. However, it takes more time if the home study process takes longer than expected.
Q5: How to reverse an adoption in FL if the adoptee is an adult?
Ans: There is no process under Florida Law for a reversal of an adoption of an adult. Once an adult is adopted, the legal relationship between the adoptive parent and the adoptee is permanent and cannot be undone. The only way to change the legal status of an adult adoptee is to file a petition for a name change or a birth certificate amendment. However, these actions do not affect the parent-child relationship created by the adoption.
Q6: How can an adult get a copy of adoption papers?
Ans: In Florida, adoption records are sealed, and you need a court order to obtain copies of the original birth certificate. You can file a petition for adoption information with the court clerk in the county where the adoption took place.
You will need to provide a statement of why you need the adoption records and pay a filing fee. The judge will review your petition and decide whether to grant you access to the records or not. If the judge approves your petition, you can take a copy of the judge’s ruling and a photo ID to the district court clerk and ask for a certified copy of the adoption papers.
Q7: How to apply for an adult adoption waiver in FL?
Ans: According to Florida law, the court may waive the consent to adoption of certain individuals, such as a parent who has deserted or abandoned a child or a parent whose parental rights have been terminated by a court order.
To apply for a waiver of consent, you need to file a petition for adult adoption in Florida with the court and explain why the consent is not required or should be waived. You may also need to provide evidence to support your claim, such as a copy of the court order terminating parental rights, etc.
Also Read
Types of Child Support Forms in Florida
florida child support calculator for multiple children and income
