An adult adoption is a legal process that allows a person over the age of 18 to be adopted by another adult. The adoption proceeding 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 Final Judgment of Adult Adoption.
The 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.
We handle the entire adoption process from start to finish. Our services start with a free phone or Zoom consultation.
In Florida, any person who is over 18 years old can be adopted by another adult. The adult adoptee must consent to the adoption. Unlike some other states, 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.
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 that 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 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.
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 Florida law previously required the adoptee to have lived in Florida for six months, but that requirement was repealed.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.
There are five steps to an adult adoption in Florida:
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.
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 hearings 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.
Florida law requires that notice of the adoption hearing be served onto the adult adoptee’s existing parents. You do not need to obtain the consent of the existing parents to complete the adult adoption.
Service of the notice of hearing must be done formally. A process server, or sheriff’s deputy, must hand the notice in person to the existing parents. Alternatively, the server can give the notice to someone who resides with the existing parents.
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.
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 your 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 to 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.
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.
In Florida, an adult adoption formalizes the parental-child relationship between two adults. The benefits to adult adoption include:
Here are some frequently asked questions about adult adoption in Florida.
An adult adoption costs around $3,000, 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.
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.
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.
