ADULT ADOPTIONS IN FLORIDA
Mark E. Sawicki, BIO—
Mark E. Sawicki practices Marital and Family law as well as Assisted Reproductive Technology law. Mr. Sawicki is licensed to practice in Florida, Massachusetts, New York, Washington D.C., New Jersey, New Mexico, Kentucky and the U.S. Supreme Court. Mr. Sawicki graduated from SUNY Binghamton University with high honors, a Juris Doctor degree from Nova Southeastern University Shepard Broad College of Law, and a Master of Laws (LLM) from Stetson University. Mark founded Mark E. Sawicki, P.A. with a firm belief that personal service is paramount in family law and has a decade of service.
Acknowledgment –
Special thanks to Danielle Grote, who was instrumental in helping me to research and construct this article.

I. ADOPTING AN ADULT

In Florida, adopting a child and an adult have slightly different requirements. Adult adoptions are governed by §63.042, which states who may adopt and who may be adopted. The statute states that any person, a minor or an adult, may be adopted. Any adult may adopt another adult, with the adoptee’s consent. First, the petition to adopt an adult must include the written consent of the adult being adopted and the adult’s spouse.

Pursuant to § 63.112:

1. The petition must include the names, ages, and residences of the adoptive parent and the adoptee, the reason for adoption, and the statement of consent from the adult adoptee, and if applicable, their spouse.
2. Written notice of the final hearing of the adoption has to be provided to the parents or proof of service has been filed.
3. The process for adult adoption in Florida does not require a home study or the termination of existing parental rights. 4. The requirements include consent, petition, hearing, and finalization.
a. As to the consent or notice of the natural parents of the adoptee, it is only required that proof of service is filed.
5. If the court approves the adoption, a final judgment of adoption will be issued.

In In re Adoption of Miller the court held that the adoption of an adult is primarily based on the adoptee’s best interests and personal freedom, regardless of the natural parents’ wishes provided the statutory procedures are followed. The natural father of the adult in this case argued that his son could not be the subject of an adoption contrary to the father’s wishes because he was not guilty of misconduct, was a fit parent, and had not abandoned his son. However, the court stated that the adoption was in the son’s best interest and since the son is an adult, the natural parents’ wishes are not controlling. The court also stated that adults are cut loose to make such a decision for themselves independently and to exercise a wide discretion as to their legal status.

II. BENEFITS OF ADULT ADOPTIONS

Adult adoptees have specific rights regarding inheritance from estates which are influenced by case law. The general rule is that adopted persons, whether minors or adults, are treated equally with biological children for inheritance purposes. According to §732.108, for the purpose of intestate succession, an adopted person is considered a descendant of the adopting parent and is treated as a natural kindred of all members of the adopting parent’s family. Additionally §63.172 states that a judgment of adoption terminates all legal relationships between the adopted person and their natural relatives, except for inheritance rights as provided in the Florida Probate Code. This means that the adopted person is considered a legal stranger to their former relatives for most purposes, including the interpretation of documents and statutes unless explicitly stated otherwise. This statute ensures that the adopted person is legally integrated into the adoptive family for all purposes, including inheritance. Therefore, under Florida law, an adult adoptee inherits from their adoptive parents in the same manner as a biological child would, ensuring full integration into the adoptive family for inheritance purposes.
 
In Florida, once a valid adoption has occurred, the state makes no distinction as to the extent to which an adult adoptee may become a beneficiary in probate proceedings, nor does Florida set a line of demarcation as to whether the policy favoring adult adoption extends only to the rights specifically identified in the statute. In Dennis v. Kline, a beneficiary of a trust adopted a 27 year old woman whom she had known since birth and treated like a daughter. The adoption impacted those who would inherit the trust. Another beneficiary of the trust brought suit seeking to modify the trust to exclude the adoptee as a potential beneficiary. He believed that the adult adoption undermined the settlor’s intent and filed a two count complaint challenging the adoptee’s status as a qualified beneficiary under the trust. The 4th District Court of Appeal stated that current Florida probate statutes treat adopted persons, both young and adult, equally with their biological counterparts. Additionally, the court stated that there is no statutory basis to preclude an adult adoptee from inheriting a trust. The court reversed the trial court’s decision to exclude the adult adoptee from a trust, highlighting that the public policy in Florida permits adult adoptions and that the settlor’s intent regarding the adoption must be considered. Overall, adult adoptions in Florida provide significant legal benefits including access to specific benefits, equal inheritance rights, and a focus on the adoptee’s best interest.

  1 Fla. Stat. § 63.042(1) (2024). “Any person, a minor or an adult, may be adopted.”

 2 Fla. Stat. § 63.042(2024).

  3 Fla. Stat. § 63.062(8)(a) (2024) “written consent to adoption has been executed by the adult and the adult’s spouse, if any, unless the spouse’s consent is waived by the court for good cause.”; In re Adoption of Miller, 227 So.2d 73, 74 (Fla. Dist. Ct. App. 1969). “It is required in the section that the adoptee and his spouse consent. However, as to the natural parents it is only required that their consent of proof of service upon them be filed.”

 4 Fla. Stat. § 63.062

 5 Fla. Stat. § 63.092(3)(2024).

  6 In re Adoption of Miller, 227 So.2d 73, 74 (Fla. Dist. Ct. App. 1969).

  7 Id.

  8 Id.

 9 Id.

 10 Id.

  11 Dennis v. Kline, 120 So.3d 11, 18 (Fla. Dist. Ct. App. 2013). Holding that whether an adult adoption substantially impaired a material purpose of the trust was an issue inappropriate for resolution on summary judgment.

  12 Fla. Stat. § 63.172(1)(b) (2024). “It terminates all legal relationships between the adopted person and the adopted persons relatives, including the birth parents, except a birth parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his or her former relatives for all purposes”