Floridians know about child adoption, but many do not realize that adults may be adopted as well. Whether you have an adult step child, adult foster child, adult relative, or other person, Florida courts generally will grant adult adoptions so long the adoptee is younger than the prospective adoptive parent. Florida courts have even granted adult adoptions that were explicitly for tax planning and estate planning purposes.
A former client of mine whom I recently helped in an adult adoption wrote a review of her experience on Avvo.com. FLORIDA BAR DISCLAIMER: Please note that every case is different, and you may not receive the same or similar results.
You can see the review after the jump:
There is now a new reason for adult foster children to consider formalizing their relationship via a Florida adoption: health insurance coverage for young adults under the Affordable Care Act, commonly referred to as ObamaCare.
Though the law has been highly controversial and plagued with technological and political missteps, one portion of the law that has received near-universal praise is the ability for parents to cover their children up to the age of 26. Unfortunately, adult foster children may not be eligible for this benefit. But there is a solution.
Section 63.042(1) of the Florida Statutes permits any person, a minor or an adult, to be adopted. Florida law also has an expedited process so that an adult adoption can be accomplished much more quickly than most adoptions of children.
When clients come to me and ask about the effects of Florida adult adoption, one subject that often comes up is how an adult adoptee will be treated for purposes of inheritance and the laws of intestacy. Florida estate planning attorney Barry Haimo discusses this subject in a recent blog article:
Florida law provides for adopted children to be included in the definition of descendant for purposes of the laws of intestacy. Most documents provide similar language to ensure that adopted children are treated as children for inheritance purposes…
The issue presented here is that neither the law nor documents generally provide a limitation on adoption for purposes of class gifts. Should there be age limitations? Timing limitations (such as when the order is entered)? In this regard, we’re really focusing on adult adoption…
When people think of adoption, they generally envision an adult adopting a minor child. The adult may be a close relative or stepparent of the child, or not related to the child at all, but this is seen as the norm.
But can an adult adopt another adult? Can a stepparent adopt an adult stepchild?
Many Florida foster parents and foster children have the mistaken belief that, once a child turns 18, he or she is no longer eligible for adoption. In fact, Florida Statutes section 63.042 states explicitly that “[a]ny person, a minor or an adult, may be adopted.”
When teenagers come to live in a foster home, they oftentimes do not want to be adopted as they are seeking to exert their independence and may see adoption as a hindrance to that independence.
However, as children become older and more bonded to their foster parents, they may come to appreciate the permanence that comes with adoption. Further, as foster children become adults, and begin thinking about starting their own families, they may come to realize that they want their children to have grandparents.
Fortunately, Florida has expedited procedures for adult adoption.
Florida’s Adoption Information Center is holding a conference on Saturday, January 12, 2013, in Jacksonville, Florida, for adoptive parents and prospective adoptive parents.
Florida’s Adoption Information Center was “created by the Florida Legislature to serve as a clearinghouse in every area of adoption. The Center has served more than 175,000 people since opening in 1994. As a free service, the Adoption Information Center provides adoption information and referral services to adoptive parents, adult adoptees, birth relatives, pregnant women and professionals.”
Below is the agenda for the conference:
The video below from WPTV News showcases a Florida same sex couple who were able to finally and legally expand their family by adopting a foster child for whom they had long looked after:
Hillsborough County is a venue that is also friendly towards LGBT families looking to adopt. Even if you do not live in Hillsborough, you may have your same sex adoption take place in Hillsborough County if you retain an adoption entity located in the county.
Florida law provides a choice as to where prospective parents should file a case for termination of parental rights and adoption. Generally, the adoption must be filed where (i) the child lives or (ii) the adoption entity, intermediary, or attorney for the prospective parents is located.
Which of these counties is chosen may be a strategic decision…