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Florida Adult Adoption and ObamaCare

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.

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Florida Adult Adoption and Inheritence

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…

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I am an Adult – Is it too Late for My Florida Foster Parents to Adopt Me?

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.

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