Do birth parents have to consent to a Florida adult adoption?

No. Florida requires only that written notice of the final hearing be provided to the parents, if any, or that proof of service be filed showing notice was served (Fla. Stat. 63.062(8)(b)). No separate proceeding terminating parental rights is required either (Fla. Stat. 63.102(6)).

Do I need a home study to adopt an adult in Florida?

Not as a requirement. The preliminary home study is expressly excused when the adoptee is an adult, though a court may order one for good cause shown (Fla. Stat. 63.092(3)). No report or recommendation is required in an adult adoption unless ordered (Fla. Stat. 63.112(3)).

Which county do I file a Florida adult adoption in?

The venue statute does not answer this for adults. It fixes venue by where the termination petition was filed or where the adoption entity sits (Fla. Stat. 63.102(2)), and an adult case has neither. Form 12.981(c)(1) instructions direct filing where either party lives.

How much does it cost to file an adult adoption in Florida?

Florida sets no adoption specific fee. The filing fee statute never mentions adoption, and chapter 63 is absent from the reduced rate list, so a petition pays the general circuit civil rate of up to $395 (Fla. Stat. 28.241(1)(a)1.a). That wording is a cap, so ask your clerk.

Is there a statewide Florida form for adopting an adult?

Yes for one route only. The Supreme Court approved Form 12.981(c)(1), Petition for Adoption of Adult by Stepparent, with Form 12.981(c)(2) for the adult adoptee's spouse. Both sit in the stepparent set, so a non stepparent adult adoption has no matching approved form.

How does a Florida adult adoption affect inheritance?

The judgment creates the parent and child relationship for all purposes except rights of inheritance, which chapter 63 sends to the Probate Code (Fla. Stat. 63.172(1)(b) and (c)). There the adopted person is a descendant of the adopting parent (Fla. Stat. 732.108(1)), subject to carve outs worth reviewing.

Must both of us attend the Florida adoption hearing?

Yes, unless excused. Both the petitioner and the person to be adopted appear before someone authorized to administer an oath, in person or telephonically with the court's permission, unless the court excuses either for good cause (Fla. Stat. 63.142(1)). The hearing is closed to the public (Fla. Stat. 63.162(1)).

How to Adopt an Adult in Florida

Reviewed by DocDraft Legal Team · Florida · Last updated October 7, 2026

Florida states its entire adult eligibility rule in a single sentence: any person, a minor or an adult, may be adopted (Fla. Stat. 63.042(1)). An adult adoption is a circuit court proceeding that permanently makes one adult the legal parent of another adult, with the next of kin and inheritance consequences that follow. There is no category list to qualify for. Florida asks for no disability, no prior foster placement, no former stepchild status, and no relationship that began before the adoptee turned 18. It sets no age gap either, and does not even require that the adoptee be younger than you. What Florida does ask for is precise consent. The adult being adopted signs a written consent, and so does that adult's spouse, unless the court waives it for good cause (Fla. Stat. 63.062(8)(a)). Birth parents never consent. They receive written notice of the final hearing and nothing more (Fla. Stat. 63.062(8)(b)). If you are married, your husband or wife normally has to join you as a co-petitioner rather than simply agree. Two exceptions apply: your spouse is already the adoptee's parent and consents, or the court excuses the joinder (Fla. Stat. 63.042(2)). There is no waiting period. Once the petition is filed, the hearing may be held immediately (Fla. Stat. 63.122(1)). The preliminary home study is expressly waived when the adoptee is an adult, though a judge may still order an investigation (Fla. Stat. 63.092(3), 63.122(5)). Florida publishes a statewide form for the stepparent route, Form 12.981(c)(1). Attorney review of your petition and consents is available through DocDraft.

Find out where you stand in Florida

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in Florida?

Florida law provides that any person, a minor or an adult, may be adopted (Fla. Stat. 63.042(1)). That is the whole eligibility rule. No qualifying category applies, no disability or foster history is needed, and Florida sets no minimum age gap between the two adults.

Does a spouse have to join an adult adoption petition in Florida?

Usually yes. A married person adopting in Florida petitions jointly with their husband or wife (Fla. Stat. 63.042(2)(a)). A married person may petition alone only if that spouse is already a parent of the adoptee and consents, or the court excuses the joinder for good cause.

How soon can a Florida adult adoption hearing be held?

Immediately. Florida provides that when the adoptee is an adult, the hearing may be held immediately after the filing of the petition (Fla. Stat. 63.122(1)). The 30 day and 90 day periods in that same subsection apply to adopting a minor, not an adult.

Which court handles an adult adoption in Florida?

The circuit court. The petition is captioned In the Matter of the Adoption of and filed there (Fla. Stat. 63.102(1)), and chapter 63 defines court to mean a circuit court of this state (Fla. Stat. 63.032(8)). The caption identifies both the judicial circuit and the county.

Florida adult adoption at a glance

An adult adoption in Florida is a circuit court judgment that makes one adult the permanent legal parent of another adult, creating the parent and child relationship for all purposes except inheritance, which chapter 63 refers out to the Probate Code (Fla. Stat. 63.172(1)(c)). Eligibility is as wide as a statute can be written: any person, a minor or an adult, may be adopted (Fla. Stat. 63.042(1)). No category, no age gap, and no requirement that the adoptee be younger. The consents are specific. The adult consents in writing, that adult's spouse consents too, and birth parents get notice of the final hearing instead of a vote (Fla. Stat. 63.062(8)). A married petitioner normally joins their spouse in the petition. The hearing may follow the filing immediately.

A stepparent in Florida adopting a spouse's 34 year old child

Marisol has been your wife for twelve years, and her 34 year old son now wants you recorded as his legal father. Because she is already his parent and will consent, Florida lets you petition alone instead of filing jointly with her (Fla. Stat. 63.042(2)(c)1). You use Form 12.981(c)(1), the statewide Petition for Adoption of Adult by Stepparent. He signs Form 12.981(a)(2), and because he is married his wife signs Form 12.981(c)(2) (Fla. Stat. 63.062(8)(a)). His father never consents, but gets written notice of the final hearing (Fla. Stat. 63.062(8)(b)). You file with the circuit court clerk, caption him in the name he will carry, and the hearing may be set immediately (Fla. Stat. 63.122(1)). Attorney review of the petition is available through DocDraft.

Relevant Laws

Fla. Stat. 63.042 (who may be adopted; who may adopt)

Provides that any person, a minor or an adult, may be adopted, and lists who may adopt: a husband and wife jointly, an unmarried adult, or a married person alone where the other spouse is a parent of the adoptee and consents, or the joinder is excused by the court.

Fla. Stat. 63.062(8) (consents in an adult adoption)

The dedicated adult adoption subsection. A petition to adopt an adult may be granted if written consent has been executed by the adult and the adult's spouse, if any, unless waived by the court for good cause, and written notice of the final hearing has been provided to the parents.

Fla. Stat. 63.122 (notice of hearing; investigation of an adult petition)

Provides that when the adoptee is an adult the hearing may be held immediately after the filing of the petition, and separately that after filing a petition to adopt an adult the court may order an appropriate investigation into the best interest of the persons involved.

Fla. Stat. 63.102 (filing, caption, venue, and adult adoptions)

Requires the petition be filed in the circuit court and captioned In the Matter of the Adoption of, with the adoptee designated by the name they are to be known by. Subsection (6) exempts adult adoptions from any separate termination of parental rights proceeding.

Florida Supreme Court Approved Family Law Form 12.981(c)(1)

The statewide Petition for Adoption of Adult by Stepparent, with instructions stating the form is used when a stepparent adopts a spouse's adult child, directing the filer to the clerk of the circuit court in the county where either party lives, and warning that the adoption may affect the adoptee's inheritance.

Regional Variances

Florida adult adoption rules at a glance

Who may be adopted

Any person, a minor or an adult (Fla. Stat. 63.042(1)). There is no enumerated category list, no disability predicate, no foster or former stepchild predicate, and no requirement that the parent and child relationship began before the adoptee turned 18.

Age of majority and age gap

Majority is 18 (Fla. Stat. 743.07(1)), and chapter 63 defines an adult as a person who is not a minor (Fla. Stat. 63.032(5)). Chapter 63 contains no age differential at all. The adoptee need not be younger than the adopting adult.

Consent of the adoptee

Required in writing under the adult adoption subsection (Fla. Stat. 63.062(8)(a)). The statewide consent form is 12.981(a)(2). The adult must also appear at the hearing unless the court excuses the appearance for good cause (Fla. Stat. 63.142(1)).

Consent of the adoptee's spouse

Required in writing if the adult being adopted is married, unless the court waives that consent for good cause (Fla. Stat. 63.062(8)(a)). Florida publishes a dedicated statewide form for it, 12.981(c)(2), Consent of Adult Adoptee's Spouse.

The adopting person's spouse

Joinder, not merely consent. A married person petitions jointly with their husband or wife (Fla. Stat. 63.042(2)(a)), and may file alone only where that spouse is a parent of the adoptee and consents, or the court excuses the joinder (Fla. Stat. 63.042(2)(c)).

Birth parents

Notice only, never consent. Written notice of the final hearing must be provided to the parents, if any, or proof of service filed (Fla. Stat. 63.062(8)(b)). No separate judgment or proceeding terminating parental rights is required (Fla. Stat. 63.102(6)).

Court

Circuit court (Fla. Stat. 63.102(1)), which chapter 63 defines as the court for adoption proceedings (Fla. Stat. 63.032(8)). The circuit court retains jurisdiction until final judgment (Fla. Stat. 63.102(2)). The statewide form's heading block asks for both the numbered judicial circuit and the county.

Venue

A genuine gap in the statute. Venue is fixed by where the termination of parental rights petition was filed or granted, or where the adoption entity is located (Fla. Stat. 63.102(2)), and an adult case ordinarily has neither. Form 12.981(c)(1) instructions direct filing where either party lives.

Residency

No durational requirement and no state residency gate anywhere in chapter 63. The petition must still state the place and duration of the petitioner's residence (Fla. Stat. 63.112(1)(d)), so the answer is disclosed without any minimum attached to it.

Filing fee

No adoption specific statewide fee. Chapter 63 is not among the chapters drawing the reduced rate, so a petition pays the general circuit civil rate of up to $395 (Fla. Stat. 28.241(1)(a)1.a). The statute states a cap rather than a set figure, so confirm with the clerk.

Home study and investigation

The preliminary home study is expressly excused when the adoptee is an adult, subject to good cause (Fla. Stat. 63.092(3)). No report or recommendation is required in an adult adoption unless ordered (Fla. Stat. 63.112(3)). A court may order an investigation (Fla. Stat. 63.122(5)).

Timing of the hearing

When the adoptee is an adult, the hearing may be held immediately after the petition is filed (Fla. Stat. 63.122(1)). The 30 day and 90 day periods in the same subsection are tied to a terminating judgment and to placement of a minor, so they do not reach an adult.

Name change

Carried by the same judgment. The adoptee is designated in the caption by the name they are to be known by if the petition is granted (Fla. Stat. 63.102(1)), and the new name is required petition content (Fla. Stat. 63.112(1)(b)).

Confidentiality

Hearings are held in closed court with an enumerated admittance list (Fla. Stat. 63.162(1)). But adult adoptions are carved out of the non disclosure rule, so unlike a minor's case the adoptee's former name does appear in the petition, notice, judgment and docket (Fla. Stat. 63.102(1)).

Inheritance

The judgment creates the full parent and child relationship except for rights of inheritance, which chapter 63 refers to the Probate Code (Fla. Stat. 63.172(1)(b) and (c)). There an adopted person is a descendant of the adopting parent (Fla. Stat. 732.108(1)), subject to three carve outs.

Statewide forms

Form 12.981(c)(1), Petition for Adoption of Adult by Stepparent, and Form 12.981(c)(2), Consent of Adult Adoptee's Spouse, both approved by the Supreme Court. Both sit inside the stepparent set, so a non stepparent adult adoption has no matching statewide form.

Suggested Compliance Checklist

Confirm eligibility and the age threshold

Before you draft anything days after starting

Confirm the person is 18 or older (Fla. Stat. 743.07(1), 63.032(5)). Nothing else gates eligibility, because any person, a minor or an adult, may be adopted (Fla. Stat. 63.042(1)). Florida imposes no age gap and no qualifying category.

Decide whether your spouse must join the petition

Before drafting the petition days after starting

If you are married, work out whether you file jointly (Fla. Stat. 63.042(2)(a)) or qualify to file alone because your spouse is the adoptee's parent and consents, or because the court will excuse the joinder (Fla. Stat. 63.042(2)(c)).

Obtain the adoptee's written consent

Before filing days after starting

Florida requires written consent executed by the adult being adopted (Fla. Stat. 63.062(8)(a)). The statewide form is 12.981(a)(2). Attorney review of the consent is available through DocDraft.

Obtain the adoptee's spouse's written consent

Before filing, if the adoptee is married days after starting

If the adult being adopted has a spouse, that spouse must also consent in writing unless the court waives it for good cause (Fla. Stat. 63.062(8)(a)). Use Form 12.981(c)(2), Stepparent Adoption: Consent of Adult Adoptee's Spouse.

Draft the petition for adoption

With the consents days after starting

Include everything Fla. Stat. 63.112(1) requires, including the name to be given to the adoptee and the place and duration of your residence. A stepparent adopting a spouse's adult child may use Form 12.981(c)(1). Attach the consents (Fla. Stat. 63.112(2)(a)).

File in circuit court and pay the clerk

When the papers are signed days after starting

File with the clerk of the circuit court, captioned In the Matter of the Adoption of (Fla. Stat. 63.102(1)). Expect the general circuit civil rate of up to $395 (Fla. Stat. 28.241(1)(a)1.a) and confirm the exact charge with the clerk before you file.

Serve or notice the birth parents

Before the final hearing days after starting

Provide written notice of the final hearing to the parents, if any, or file proof of service showing notice was served (Fla. Stat. 63.062(8)(b)). Their consent is not required, and no separate termination proceeding is needed (Fla. Stat. 63.102(6)).

Set and attend the hearing

Any time after filing days after starting

The hearing may be held immediately after the petition is filed when the adoptee is an adult (Fla. Stat. 63.122(1)). Both of you appear in person or telephonically with the court's permission (Fla. Stat. 63.142(1)). Review the inheritance effect before the hearing.

Task	Description	Document	Days after starting
Confirm eligibility and the age threshold	Confirm the person is 18 or older (Fla. Stat. 743.07(1), 63.032(5)). Nothing else gates eligibility, because any person, a minor or an adult, may be adopted (Fla. Stat. 63.042(1)). Florida imposes no age gap and no qualifying category.	-	Before you draft anything
Decide whether your spouse must join the petition	If you are married, work out whether you file jointly (Fla. Stat. 63.042(2)(a)) or qualify to file alone because your spouse is the adoptee's parent and consents, or because the court will excuse the joinder (Fla. Stat. 63.042(2)(c)).	-	Before drafting the petition
Obtain the adoptee's written consent	Florida requires written consent executed by the adult being adopted (Fla. Stat. 63.062(8)(a)). The statewide form is 12.981(a)(2). Attorney review of the consent is available through DocDraft.	-	Before filing
Obtain the adoptee's spouse's written consent	If the adult being adopted has a spouse, that spouse must also consent in writing unless the court waives it for good cause (Fla. Stat. 63.062(8)(a)). Use Form 12.981(c)(2), Stepparent Adoption: Consent of Adult Adoptee's Spouse.	-	Before filing, if the adoptee is married
Draft the petition for adoption	Include everything Fla. Stat. 63.112(1) requires, including the name to be given to the adoptee and the place and duration of your residence. A stepparent adopting a spouse's adult child may use Form 12.981(c)(1). Attach the consents (Fla. Stat. 63.112(2)(a)).	-	With the consents
File in circuit court and pay the clerk	File with the clerk of the circuit court, captioned In the Matter of the Adoption of (Fla. Stat. 63.102(1)). Expect the general circuit civil rate of up to $395 (Fla. Stat. 28.241(1)(a)1.a) and confirm the exact charge with the clerk before you file.	-	When the papers are signed
Serve or notice the birth parents	Provide written notice of the final hearing to the parents, if any, or file proof of service showing notice was served (Fla. Stat. 63.062(8)(b)). Their consent is not required, and no separate termination proceeding is needed (Fla. Stat. 63.102(6)).	-	Before the final hearing
Set and attend the hearing	The hearing may be held immediately after the petition is filed when the adoptee is an adult (Fla. Stat. 63.122(1)). Both of you appear in person or telephonically with the court's permission (Fla. Stat. 63.142(1)). Review the inheritance effect before the hearing.	-	Any time after filing

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