Our Florida adoption attorney at Gulf Coast Adoptions presents this guide to adoption requirements in Florida. If you have questions about the requirements to adopt a child in the Sunshine State, contact us online.
What are the requirements for adopting a child?
The requirements to adopt a child in Florida cover several broad categories:
- Age: Are you old enough to adopt?
- Marital status: You don’t have to be married.
- Health: Are you physically and emotionally fit?
- Finances: Can you financially support a child?
- Criminal record: Do you have a disqualifying criminal history?
If you meet the adoption requirements, you may petition the court. The court approves the adoption if you are qualified and if the adoption is in the interests of the child.
Understanding the Florida Adoption Requirements
Adoption requirements in Florida are determined by state law, Florida Statutes Chapter 63 – Adoption. The law says who can adopt, who may be adopted, and the steps to complete. The courts determine the best interests of the child when approving the adoption. However, the courts must follow the requirements and procedures created by law.
How old do you have to be to adopt a child?
You must be at least 18 years old to adopt in Florida. Florida Statutes § 63.042 says that any unmarried adult may adopt. The age of majority in Florida is 18 years old. However, you must be at least 21 to be a foster parent and adopt through the foster system.
The age requirement for adoption varies from 18-25 in the United States. 18 is the legal age for adoption in Florida.
Minimum age for adoption
For most people, the minimum age requirement for adoption in Florida is 18. However, the law distinguishes between people who are married and people who are not married:
- Unmarried adult, private adoption: The minimum age for the adoptive parent is 18 years.
- Unmarried adult, foster care adoption: The minimum age is 21 years.
- Married person: The minimum marriage age in Florida is 17, with parental consent.
A husband and wife jointly may adopt. So, in theory, a married 17-year-old could adopt. However, that would be a rare circumstance, and the court would scrutinize the best interests of the child. Otherwise, the legal adoption age is the age of adulthood, or 18 years. However, for foster care and most private agencies, you have to be at least 21.
Private agencies may set a minimum age requirement for prospective parents they work with. They may require an age gap between parent and child of 10-15 years.
Is there a maximum age for adoption in Florida?
While there is no maximum legal age for adoption in Florida, a parent must prove that they are fit to care for a child. Some agencies impose a maximum age of 50 years, but there is no age limit set by the state. The health of the prospective parent, the age of the child, and family relationships may be relevant factors when determining if the prospective parent’s age is a barrier to adoption.
Can you adopt an adult in Florida?
Yes. In Florida, adults over the age of 18 can be adopted. The person being adopted must consent.
Marital Status
Do you have to be married to adopt?
No. A person can adopt if they are married or single. If a person is married, the spouse may be required to join in the petition, unless they’re excused for good cause.
Note: Although marital status is not one of the Florida adoption requirements, if you are married to the child’s other parent (step-parent or second-parent adoption), it impacts the process to complete the adoption.
Can same-sex couples adopt in Florida?
Yes. In 2010, Florida courts threw out the state ban on same-sex adoptions, ruling it unconstitutional. Couples of all sexual orientations can legally adopt.
Health
What is the health standard for adopting a child in Florida?
An adoptive parent must be physically and mentally fit to care for a child. As part of the home study, the prospective parent must complete a physical and social health history.
It’s not necessary to be in perfect health to adopt a child. Still, physical and mental health are factors, and the adoptive parent must be healthy enough to care for a child.
Can you adopt if you have a disability in Florida?
Florida Statutes § 63.042(3) says that no person is disqualified from adopting just because they have a physical disability or handicap. However, a person may be ineligible if a disability prevents them from being an effective parent.
Is good health a requirement for adopting a child in Florida?
Good health is a requirement for adopting a child in Florida, but perfect health is not expected. Most adults have some kind of health concern or chronic condition. Having a health issue isn’t necessarily disqualifying. It depends on whether the condition affects your ability to parent.
Finances
How much do you have to make to adopt a child in Florida?
There is no minimum income you must earn to adopt a child in Florida. The legal requirement is that you can provide for the needs of a child.
In 2024, the poverty level for a family of four is $31,200, but circumstances may influence the ability to provide for a child, including expenses and non-cash resources. The court looks at the entire situation to determine the fitness to adopt.
Will they consider my income if I want to adopt?
Yes. If you pursue adoption, your income is a part of your home study. You must provide proof of income, like pay statements or tax information. Many people with modest incomes adopt children. You must show that you are financially able to provide for a minor child.
Criminal Record
Can you adopt in Florida if you have a criminal record?
Certain criminal offenses automatically disqualify a person from adopting in Florida.
Disqualifying criminal convictions include:
- Child abuse
- Child neglect or abandonment
- Domestic violence
- Child pornography
- Felony with a child victim
- Homicide
- Sexual battery
- Other violent felonies
In addition, a person may not adopt for five years if they are convicted of a felony involving:
- Assault
- Battery
- Drugs
- Resisting arrest
Who gets a background check for a Florida adoption petition?
Anyone in the proposed adoptive household, age 12 or older, must have a background check.
Even people who are not the proposed adoptive parents must get a background check if they are living in the household.
What will a background check include for a Florida adoption?
A Florida adoption background check may include:
- Florida state crimes
- Local offenses
- National/federal charges
- Out-of-state records for anyone who previously resided out of state, for household members 18 and older
In addition, Florida Statutes § 39.0138(6) requires adoptive parents to self-disclose criminal history or pending charges.
What if I have a criminal record, but it’s not automatically disqualifying?
If you have a criminal record, but it isn’t automatically disqualifying you from adoption under Florida law, it will be considered on a case-by-case basis.
Consent
Does a child have to consent to be adopted in Florida?
If a minor is 12 years old or older, they must consent to be adopted in Florida. The court may waive the requirement if it believes it’s in the child’s best interests. (Florida Statutes § 63.062(1)(c)).
When is a birth mother required to consent to adoption in Florida?
Generally, a birth mother is required to consent to adoption in Florida. A birth mother must consent to adoption in Florida unless their parental rights are involuntarily terminated by the court. A court will only terminate parental rights involuntarily in extreme circumstances that endanger the child’s safety and well-being, including lengthy incarceration. A mother placing their child for adoption may complete a consent form 48 hours after birth or when they are fit for discharge from the birthing center, whichever is earlier.
When do you need the father’s consent for adoption in Florida?
Florida Statutes § 63.062 requires paternal consent to adoption if:
- The father is married to the mother at conception or birth
- The father is the legal parent of the child by adoption
- A court has ordered that the father is a legal parent before the petition to terminate parental rights is filed
- The father files an affidavit of paternity before the date of the petition for termination of parental rights
- The father is listed on the birth certificate before the date of the petition for termination of parental rights
- There is a completed, signed, and witnessed affidavit of paternity filed with the Office of Vital Statistics of the Department of Health.
Consent of an unmarried biological father is required only if the father complies with the requirements in Florida adoption law. (Florida Statutes § 63.062(2)). The parent must live with the child for at least six months after birth, or show a full commitment to parental responsibility. There are affirmative steps that a father must take to indicate their ability and willingness to take full responsibility for a child.
What if there is a question about the father’s legal status for adoption consent?
The court will determine the status of the father for the purposes of adoption consent. The court makes its finding at the time of the petition to terminate parental rights.
Do grandparents have to consent to adoption in Florida?
No. Grandparents must be given notice if the child has lived with the grandparent for six months or more in the two years before the adoption. Notice is not required for stepparent adoptions or when the adoption is because of a parent’s death, and a different placement is stated in the parent’s will.
Adoption Agency Requirements
Florida Statutes § 63.039 places requirements on adoption agencies and entities. They must follow Florida’s adoption requirements for the protection of both children and parents.
Some of the requirements for Florida adoption agencies are to:
- Provide required disclosures to adoptive parents
- Get consents in the correct manner
- Provide all the necessary information in the petition to terminate parental rights
- File the affidavit of inquiry, if required
- Identify when consent is necessary and follow the requirements to get consent
- Provide consent disclosures when required
- Serve the petition and hearing notice as required by law
- Meet any other requirements imposed by law
Process and Home Study
There are Florida requirements for who is qualified to adopt and be adopted. There are also requirements for the adoption process. An important step in many Florida adoptions is the home study. A home study is required in most cases, except for step-parent and relative adoption.
The home study process is extensive, requiring documentation and home visits. The home study is valid for one year. It may be completed before a child is identified.
Ultimately, only the court can approve an adoption. A positive home study is an important step, but it does not, by itself, approve or finalize an adoption.
Talk to a Lawyer About the Requirements to Adopt
Gulf Coast Adoptions helps prospective adoptive parents and expectant moms in the adoption process. We offer free consultations — in fact, we talk on the phone for hours for free. Please contact us by phone at 850-920-3531 or submit our online form to talk about adoption requirements that could apply to your situation.