Yes, you can adopt any adult aged 18 or over in the United States. Although less common, adult adoption is fully legal, but each state has its own rules on consent, notification, and court approval.
Many people pursue adult adoption to formalize family bonds, adopt stepchildren, secure inheritance rights, or provide long-term care to disabled individuals. While the process is simpler than adopting a minor, you must know the state-specific requirements to avoid any legal implications.
Many families have worked with Florida Adoptions to adopt an adult. If you’re considering adopting an adult in Florida, this guide will walk you through everything you need to know to adopt an adult.
What is Adult Adoption?
Adult adoption is when a single person or couple adopts a legal adult aged 18 or above. Many people might consider adopting an adult due to various reasons:
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- Formalizing an existing relationship: You may already have a good parental relationship with an adult but couldn’t legally adopt him or her due to the biological family or have decided to adopt them now.
- Adopting an adult stepchild: You want to adopt a stepchild later in age because you think the adult’s biological parent has not been present or is deceased.
- Securing inheritance rights: You need a legal heir to whom to transfer your inheritance rights.
- Providing care for adults with disabilities: You want to adopt a legal adult who is physically or mentally incapable of living independently.
- Reunification with a biological child: You may want to re-establish legal ties with your birth child.
- Death of the family member: You want to adopt your immediate family member’s (sister or brother) adult children after their death.
- Other reasons: Sometimes you can’t adopt a person due to financial issues or mandatory requirements. For example, parents must pay for a home study to adopt a child; but this policy doesn’t apply when adopting an adult.
Adult Adoption Laws in Florida
In Florida, any adult can adopt another adult aged 18 and older by consent.
Unlike in other states, there is no required age difference between the adopter and the adoptee in Florida.
If the adoptee is married, their spouse’s consent might be required, though the court may waive this requirement under certain circumstances.
How to Adopt an Adult in Florida: 6 Simple Steps
Here’s how you can adopt an adult in Florida:
1. Consent
Both the petitioner (person wanting to adopt) and the adoptee (person being adopted) must provide their consent to the adoption.
2. Filing the Petition
You need to file a petition in the circuit court of your residing county in Florida.
Your application must include:
- Identifying documents of both the adopter and adoptee.
- A statement detailing the nature of the relationship and the reasons for seeking the adoption.
- Attachments as required by Florida law such as:
- Certified copies of marriage licenses or divorce decrees of the petitioner.
- Consent by the adoptee.
You also need to pay a filing fee to open the adoption court file, which can vary depending on your residing county and adoption type.
3. Notice of the Hearing
After filing the petition, the court assigns a judge to the case. A final hearing will be scheduled, during which both the adopter and adoptee must testify.
Many judges conduct these hearings virtually via platforms like Zoom or Microsoft Teams or require both adopter and adoptee to appear in the court.
4. Notification to Biological Parents
In Florida, you don’t need consent from the adoptee’s biological parents for adult adoption. They only need to be notified of the final adoption hearing. Either the process server or a sheriff’s deputy personally delivers the notice to the birth parents.
If the biological parents cannot be located, you will need to contact Stephanie at Florida Adoptions to help you:
- File an Affidavit of Diligent Search.
- Arrange for constructive service, e.g., publishing a notice in a newspaper.
- Navigate any legal challenges that arise from incomplete notifications.
5. Finalizing the Adoption
During the final hearing, the judge will confirm that all legal requirements have been met and that both parties understand the implications of the adoption.
Upon approval, the judge issues a Final Judgment of Adult Adoption, a notification that legally and officially establishes the parent-child relationship.
6. Termination of Previous Parental Rights
The legal relationship between the adoptee adult and their biological parents is terminated when the adoption is finalized. This means that the biological parents no longer have legal rights or obligations toward the adoptee.
You need an adoption law expert attorney to ensure there are no legal implications or loopholes left for biological parents to claim. For example, many biological parents may challenge their rights to take over your adopted adult’s inheritance rights later in life.
Legal Implications of Adopting an Adult
Adopting an adult can come with legal complexities that may require an attorney, such as inheritance rights, name changes, and state-specific regulations.
Inheritance Issues
Adopting an adult makes them your legal heir, giving them the same inheritance rights as a biological child. If you don’t have a will, Florida law automatically allows them to inherit from you. Biological parents lose all inheritance claims once the adoption is finalized, and the adoptee gains full next-of-kin rights.
Amend the Birth Certificate
Following the adoption process, Stephanie White, your attorney, can help amend birth certificates that reflect the adoptive parent’s surname. At this point, the adoptee adult can choose to change their adoptive parent’s surname if they want to.
By amending the adoptee’s birth certificate, the adoptee gains the same rights as a biological child, including inheritance and next-of-kin privileges.
Special Needs Circumstances
If you’re adopting a disabled adult with a clear lack of judgment to consent, you need to hire an adoption law attorney to guide you through obtaining the necessary legal authority, such as guardianship or power of attorney, to proceed with the adoption.
If the adoption affects existing legal responsibilities, such as child support, social security benefits, or veteran benefits, an attorney can help you clarify these implications.
Non-U.S. Adult Adoption Laws in Florida
While Florida law facilitates the adoption of adults, including foreign nationals within and outside the U.S., these adoptions do not influence their immigration status.
For an adopted child to qualify for U.S. immigration benefits, the adoption must be finalized before the child turns 16. However, there is an exception for siblings: if one child is adopted before turning 16, their sibling can be adopted up to age 18 and still qualify.
FAQs
How Much Does Adopting an Adult in Florida Cost?
The legal procedures for adopting an adult in Florida cost between $1,000 and $3,500. In comparison, adopting a minor is expensive, often ranging from $15,0000,000 to $50,000, depending on various factors.
Does the Government Pay You for Adopting an Adult?
Currently, no government programs cover legal expenses or provide tax credits for adult adoptions. Adoptive parents need to cover all associated costs independently.
Final Thoughts
Adopting an adult in Florida is a legally binding way to formalize family relationships, secure inheritance rights, and provide care for loved ones. While the process is simpler than child adoption, it still requires proper consent, court approval, and legal documentation. Having an experienced adoption attorney can help you avoid legal pitfalls.
About Florida Adoptions
Florida Adoptions is a dedicated practice located in Pensacola, Florida. We provide legal counsel on adoption-related matters and assist birth mothers and adoptive parents throughout the adoption process. We specialize in adoption law, including relative adoption, private placement with infants and children, foster care adoption, step-parent adoption, and adult adoption. Florida Adoptions also represents children in foster care services.
Get in Touch
If you’re looking for an adoption law attorney in Pensacola or need legal guidance with the adoption process, our team has the right expertise to help you. For assistance, please contact us at (850) 610-4166 or via email at stephanie@fladoptions.com.
