Sometimes a family member steps in and becomes the person who is really raising a child. A grandparent may have been caring for a grandchild for years. An aunt or uncle may have taken over day-to-day parenting. An older sibling or another close relative may want to give the child a permanent, stable home.
In those situations, relative adoption may be an option. Florida law makes some parts of relative adoption easier than a traditional private adoption, but it is still a court process, and the rights of the child’s parents still have to be addressed.
Here are some of the most common questions families ask about relative adoption in Florida.
What Is a Relative Adoption in Florida?
Under Florida law, a relative is generally someone related by blood to the person being adopted within the third degree of consanguinity. Fla. Stat. § 63.032(16).
In practical terms, this can include close family members such as grandparents, brothers and sisters, aunts and uncles, and certain other close blood relatives. Florida law gives relative adoptions some special treatment because the child is already being placed within the family.
Can a Grandparent Adopt a Grandchild in Florida?
Yes. A grandparent can adopt a grandchild if the legal requirements are met. The same is true for other qualifying relatives.
The biggest issue is usually not whether the relative is allowed to adopt. The bigger issue is what happens with the legal rights of the child’s parents. That is often what determines whether the case is simple or contested.
Do the Parents Have to Agree to the Adoption?
Often, yes. Florida law has rules about whose consent is required before an adoption can be finalized. Depending on the situation, that may include the child’s mother, the child’s legal father, and sometimes the child.
A child who is 12 or older generally must consent unless the court decides that requiring the child’s consent would not be in the child’s best interests. Fla. Stat. § 63.062.
If both parents agree to the adoption and properly sign the required documents, the case may be much more straightforward.
What If One Parent Refuses to Consent?
This is where things can become more complicated. A parent’s refusal does not always mean the adoption is impossible. Florida law allows a court to proceed without a parent’s consent in certain situations, including some cases involving abandonment, prior termination of parental rights, or incapacity. See Fla. Stat. § 63.064.
When a parent does not agree, the case may involve questions about abandonment, notice, service, paternity, and termination of parental rights.
So, if a child has been living with a grandparent or another relative for a long time, that does not automatically mean the parents have lost their legal rights.
Does a Relative Need a Home Study?
Usually, no. This is one of the biggest differences between a relative adoption and many other private adoptions.
Florida law generally does not require the standard preliminary home study when the petitioner is a relative. Fla. Stat. § 63.112. The court can still require additional information or investigation if needed, but the normal home-study requirement is often waived in relative cases.
That can make the process faster and less expensive.
Does a Relative Need an Adoption Agency?
Usually not. Relative adoptions are often handled directly through the court system instead of going through a traditional adoption agency.
Florida law recognizes special exceptions for relative placements, which is another reason these cases can be simpler than unrelated private adoptions.
Can a Relative File for Adoption Before Parental Rights Are Terminated?
In many cases, yes. This is another important exception in Florida law.
Normally, an adoption petition is not filed until parental rights have already been terminated. But Florida law makes an exception for certain relative and stepparent adoptions. Fla. Stat. § 63.102.
That does not mean parental rights can be ignored. It simply means the court process can sometimes address those issues as part of the relative-adoption case.
What Does a Relative Adoption Petition Include?
A Florida adoption petition generally includes basic information about the child and the person asking to adopt.
That can include the child’s name and date of birth, the name the child will use after the adoption, information about the person adopting the child, how long the child has been in that person’s care, whether the proposed adoptive parent can provide for the child, information about the child’s parents and whether consent is required, and why the adoption is being requested.
The exact documents will depend on the facts of the case.
What Happens to the Biological Parents’ Rights?
Adoption is permanent. That is one of the biggest differences between adoption and temporary custody.
Once an adoption is finalized, the adoptive relative becomes the child’s legal parent. The prior parent-child legal relationship is generally ended, subject to the specific facts and legal history of the case.
That is why adoption should be thought of as a long-term solution, not just a temporary caregiving arrangement.
Is Relative Adoption the Same as Temporary Custody by Extended Family?
No. These are two different legal options.
With temporary custody, the relative may have authority to care for the child, but the relative does not automatically become the child’s legal parent. Adoption is different because it creates a permanent parent-child relationship.
Temporary custody may make sense when a parent is expected to resume care later. Adoption may make more sense when everyone is looking for a permanent legal solution.
Can a Relative Adopt a Child Who Is Already Living With Them?
Yes, potentially. This is actually a common situation.
A child may already have been living with a grandparent, aunt, uncle, sibling, or other relative for months or even years before anyone files an adoption case.
That history can be important, but simply raising the child is not enough by itself. A court still has to enter a final judgment of adoption.
Is Relative Adoption Always Uncontested?
No. Some relative adoptions are simple and cooperative. The parents agree, the paperwork is signed, and everyone supports the adoption.
Other cases are much more difficult. A relative adoption may become contested if one parent refuses to consent, a parent cannot be found, paternity is unclear, abandonment is disputed, another family member objects, there is already a dependency case, or parental rights have already been addressed in another court case.
Those issues can completely change how the adoption has to be handled.
Are Adoption Cases Confidential?
Generally, yes. Florida gives adoption cases special confidentiality protections.
That means adoption files are not treated the same way as many other types of civil court cases. Florida law recognizes confidentiality as one of the important protections built into the adoption process. Fla. Stat. §§ 63.022, 63.162.
What Does the Judge Look At?
The most important issue is the best interests of the child.
Florida law makes that a central part of every adoption case. Fla. Stat. § 63.022.
Even when everyone agrees to the adoption, the judge still has to make sure the legal requirements have been met and that the adoption is appropriate.
What Happens After the Adoption Is Final?
Once the judge signs the final judgment, the relative becomes the child’s legal parent.
The adoption creates a permanent legal parent-child relationship. A new birth record may also be issued as part of the process.
For many families, this is the point where the legal relationship finally matches the reality of what has already been happening at home.
Do You Need a Lawyer for a Relative Adoption in Florida?
Relative adoptions can be easier than other private adoptions, but they are not always simple.
Issues involving parental consent, abandonment, paternity, notice, service, or prior court cases can make a big difference.
Before filing, it is often important to figure out exactly who has legal parental rights and what must happen to those rights before the adoption can be finalized.
Speak With a Tampa Relative Adoption Attorney
A family member may already be acting as a child’s parent in every meaningful way. A relative adoption can make that relationship permanent under the law.
Cigar City Law, LLC helps clients with relative adoptions and other Florida family-law matters in Tampa, Hillsborough County, and throughout Florida.
Cigar City Law, LLC 401 E. Jackson St., Suite 3300 Tampa, FL 33602 Telephone: (813) 575-7579
Frequently Asked Questions About Relative Adoption in Florida
Can a family member adopt a child in Florida?
Yes. Florida law allows qualifying family members to adopt and gives relative adoptions some special procedural exceptions.
Can grandparents adopt their grandchildren in Florida?
Yes, as long as the legal requirements are met and the rights of the child’s parents are properly addressed.
Do relatives need a home study?
Usually not. Florida law generally waives the standard preliminary home study for relative adoptions.
Does a parent have to agree to the adoption?
Often, yes. But there are situations where the court can proceed without a parent’s consent.
Does the child have to agree?
A child who is 12 or older generally must consent unless the court decides otherwise based on the child’s best interests.
Is relative adoption permanent?
Yes. Adoption creates a permanent legal parent-child relationship.
This article is for general informational purposes only and does not create an attorney-client relationship or provide legal advice about any specific case.