A relative adoption in Florida lets a family member become a child’s legal parent through a faster, cheaper process than a standard adoption: relatives can take placement of the child directly, without going through a licensed adoption entity, and the court does not require a home study by default.1Florida Legislature. Florida Code 63.092 – Report to the Court of Intended Placement; Preliminary Study The core steps are the same as any adoption, though. You need the biological parents’ consent (or a court order terminating their rights), a petition filed in circuit court, and a final judgment from a judge.
Who Counts as a Relative
Florida defines a relative for adoption purposes as someone related to the child by blood within the third degree of consanguinity.2Florida Legislature. Florida Code 63.032 – Definitions That covers:
- Grandparents and great-grandparents
- Brothers and sisters
- Aunts and uncles
- Nieces and nephews
First cousins fall outside the third degree, so they do not qualify. Stepparents and relatives by marriage go through a separate process; the relative adoption rules below are not the right track for them.
Getting Consent from the Biological Parents
Both biological parents generally have to sign a written consent before the adoption can go forward. The signature has to be witnessed by two people, notarized, and marked with the date and time.3Florida Legislature. Florida Code 63.082 – Execution of Consent to Adoption or Affidavit of Nonpaternity A birth mother can sign as early as 48 hours after birth, or when she is cleared to leave the hospital, whichever comes first. A father can sign any time after the child is born.
Timing matters for whether the consent can be taken back. If the child is older than six months when the parent signs, that parent has three business days to revoke the consent.3Florida Legislature. Florida Code 63.082 – Execution of Consent to Adoption or Affidavit of Nonpaternity After that window closes, it is final. A parent who is 14 or younger must have their own parent, legal guardian, or a court-appointed guardian ad litem present as a witness.
The child’s consent counts too, once the child is old enough. If the child is 12 or older, they also have to agree to the adoption, unless the court decides it is in the child’s best interest to proceed without it.4Florida Senate. Florida Code 63.062 – Persons Required to Consent to Adoption
When a Parent Won’t Consent or Can’t Be Found
If you cannot locate a biological parent, you have to run a diligent search and file an affidavit documenting what you did. If a parent refuses to consent, the court can still terminate parental rights on specific statutory grounds, including abandonment shown by a sustained lack of financial support or meaningful contact with the child.5Florida Legislature. Florida Code 63.087 – Proceeding to Terminate Parental Rights Pending Adoption
An unmarried biological father is in a different position. If he has not formally acknowledged paternity, filed the required paperwork with the Office of Vital Statistics, or responded within the statutory deadlines once court proceedings start, the court can enter a default and his consent is no longer required.4Florida Senate. Florida Code 63.062 – Persons Required to Consent to Adoption This is a common path for contested relative adoptions when a father has been absent.
The Home Study Exemption
Florida exempts relatives (along with stepparents) from the preliminary home study that other prospective adoptive parents must complete before placement.1Florida Legislature. Florida Code 63.092 – Report to the Court of Intended Placement; Preliminary Study A standard home study involves interviews, home inspections, financial review, and parenting education documentation, so skipping it saves real time and money.
The exemption is not absolute. A judge can still order a home study “for good cause shown.”1Florida Legislature. Florida Code 63.092 – Report to the Court of Intended Placement; Preliminary Study If one is ordered, it has to include a Florida Department of Law Enforcement criminal records check and fingerprint-based screening sent to the FBI for a national criminal history review.6Child Welfare Information Gateway. Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers – Florida Many judges will order a criminal records check as a matter of course even when the full home study is waived.
Filing the Petition
A relative adoption in Florida is really two legal actions. First, the court has to terminate the biological parents’ parental rights. Then the adoption itself can be granted. The adoption petition cannot be filed until the termination judgment is entered.5Florida Legislature. Florida Code 63.087 – Proceeding to Terminate Parental Rights Pending Adoption When both parents consent, the two steps move fast and are often handled back to back.
The termination petition is filed under oath with the circuit court and signed by the petitioner. It has to include the child’s identifying information, the information required by the Uniform Child Custody Jurisdiction and Enforcement Act and the Indian Child Welfare Act, the specific legal grounds for termination, the written consents or affidavits of nonpaternity or diligent search for each parent, and the child’s original birth certificate.5Florida Legislature. Florida Code 63.087 – Proceeding to Terminate Parental Rights Pending Adoption
One practical point worth knowing: Florida normally prohibits anyone other than a licensed adoption entity from placing a child for adoption, but relatives are exempt from that rule.7Florida Legislature. Florida Code 63.212 – Prohibited Acts; Penalties You do not need to hire an agency. Hiring an attorney to handle the filings is still strongly recommended.
The Final Hearing
In a contested case, the court holds a hearing on the termination petition. Any parent present has to be told they can request a continuance to consult with an attorney and must get a chance to respond to the allegations.5Florida Legislature. Florida Code 63.087 – Proceeding to Terminate Parental Rights Pending Adoption The judge then rules on whether the statutory grounds are met. Contested hearings can add months to the timeline.
In an uncontested case where both parents have signed valid consents, the termination and adoption hearings are often consolidated. The judge reviews the filings, confirms every requirement has been met, and decides whether the adoption is in the child’s best interest. If it is, the judge signs the Final Judgment of Adoption, and from that moment on you are the child’s legal parent.
What the Judgment Does
The final judgment rewrites the child’s legal family. You take on every right and responsibility a biological parent would have: education, healthcare, and general welfare decisions. The child gains full inheritance rights from you and your family.
The order also permanently cuts the legal ties to the biological parents whose rights were terminated. They lose any right to custody or visitation, and any child support obligation ends. Family relationships do not change that legal break.
The New Birth Certificate
Within 30 days of the final judgment, the clerk of the court sends a certified statement to the State Registrar of Vital Statistics. On your application, the registrar then issues a new birth certificate listing you as the parent. Florida charges $20 to file the new certificate, which includes one certified copy.8Florida Department of Health. Application for New Florida Birth Record After Adoption
What It Costs
Relative adoptions are much cheaper than other types of adoption, but they are not free. Attorney fees for an uncontested relative adoption typically run from $1,000 to $5,000, depending on complexity and whether rights have to be terminated through a contested hearing. If the court orders a home study, add roughly $900 to $5,400 depending on the provider. Court filing fees vary by county.
The Federal Adoption Tax Credit
Adoptions finalized in 2026 qualify for a federal tax credit of up to $17,670 per child for qualified adoption expenses, including attorney fees, court costs, and travel. The credit phases out for families with modified adjusted gross income above $265,180 and disappears entirely at $305,080. Up to $5,120 is refundable for 2026, meaning you can receive that portion even if you owe no federal income tax. If your employer offers an adoption assistance program, up to $17,670 in employer-provided benefits can be excluded from your taxable income on top of the credit.
If you are adopting a child from Florida’s foster care system who has special physical, mental, emotional, or behavioral needs, you may qualify for a monthly adoption subsidy from the state. The subsidy has to be negotiated and approved before finalization; once the judgment is entered without a subsidy agreement, you lose the ability to set one up.9Florida Department of Children and Families. CFOP 170-10, Chapter 8 – Relative-Kinship Caregiver Support Raise this with your attorney before the final hearing if it might apply.
If the Child Has Native American Heritage
The federal Indian Child Welfare Act applies when the child may be eligible for membership in a federally recognized tribe, and it overrides standard Florida procedures. ICWA requires the court to give adoptive placement preference first to a member of the child’s extended family, then to other members of the child’s tribe, then to other Indian families.10Office of the Law Revision Counsel. 25 USC 1915 – Placement of Indian Children If you are the child’s relative and part of that extended family or tribe, those preferences work in your favor.
Florida’s adoption petition requires a specific statement about ICWA compliance.5Florida Legislature. Florida Code 63.087 – Proceeding to Terminate Parental Rights Pending Adoption Raise any possible tribal eligibility early. Failing to comply with ICWA can void an adoption even after it is finalized.
If the Child Lives in Another State
If the child is in another state and you plan to bring them to Florida, the Interstate Compact on the Placement of Children normally requires approval from both the sending and receiving states before the move. ICPC processing can add 60 days or more.
There is a specific exception for relatives. The ICPC does not apply when a parent, grandparent, adult sibling, adult aunt, or adult uncle places a child directly with another such relative in a different state. If a state child welfare agency is involved in the placement, though, the ICPC applies even for relatives.
After the Adoption Is Final
A finalized adoption is a qualifying life event for health insurance. You generally have 60 days from the final judgment to add the child to your employer-sponsored health plan.11U.S. Office of Personnel Management. When We Adopt Our Child, How Soon Can They Be Added to My Health Insurance Plans? Do not wait for open enrollment.
If you are a grandparent receiving Social Security retirement or disability benefits, your adopted grandchild may qualify for benefits on your record. The child has to meet dependency requirements, and the child’s natural or adoptive parents must have been deceased or disabled at the time you became entitled to benefits.12Social Security Administration. 20 CFR 404.358 – Who Is the Insured’s Grandchild or Stepgrandchild? Contact the Social Security Administration directly to confirm eligibility before counting on anything.