Adult Adoption Not A Stepparent

by Debi from Coral Springs, Florida, Broward County

My son's best friend has lived with us off and on since 8th grade he is now 20 years old.

He barely has any contact with his birth parents and asked me the other day if I could adopt him because he is tired of calling me his best-friend's mom he just wants to call me mom and make it legal.

I doubt very much that his birth parents would give any consent to this even though they want nothing to do with him and have told him this to his face.

Please advise me on what steps I should take to make him a permanent part of my family. Thank you.

Answer to Florida Adoption Question

Dear Debi,

There is not a Florida Supreme court approved form for adoption of an adult available on the Supreme Court's website, www.flcourts.org; except for step-parent adoption of an adult.

The Florida statutes that govern adoption are Chapter 63, the steps for adopting an adult by someone who is not a step-parent are similar to a non-stepparent adoption.

As in adult adoption by a step-parent other forms need to be filed:

• Stepparent Adoption: Consent of Adoptee, Florida Supreme Court Approved Family Law Form 12.981(a)(2); and

• Stepparent Adoption: Consent of Adult Adoptee’s Spouse, Florida Supreme Court Approved Family Law Form 12.981(c)(2), if the adoptee is married.

The following are some of the Statutes which you may find helpful:

63.102 Filing of petition for adoption or declaratory statement; venue; proceeding for approval of fees and costs.--

(1) PETITION FOR ADOPTION.--A petition for adoption may not be filed until after the entry of the judgment or decree terminating parental rights unless the adoptee is an adult or the petitioner is a stepparent or a relative.

After a judgment terminating parental rights has been entered, a proceeding for adoption may be commenced by filing a petition entitled, "In the Matter of the Adoption of _____" in the circuit court.

The person to be adopted shall be designated in the caption in the name by which he or she is to be known if the petition is granted.

Except for a joint petition for the adoption of a stepchild, a relative, or an adult, any name by which the minor was previously known may not be disclosed in the petition, the notice of hearing, the judgment of adoption, or the court docket as provided in s. 63.162(3).

(6) STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions for the adoption of a stepchild, a relative, or an adult shall not require the filing of a separate judgment or separate proceeding terminating parental rights pending adoption.

The final judgment of adoption shall have the effect of terminating parental rights simultaneously with the granting of the decree of adoption.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
Free Family Lawyer Referral

You Are Here → Home › Adoption FAQs › Adult Adoption Not A Stepparent