This article is specific to legal considerations for adopting a relative in Florida. While laws for relative adoption are slightly different in Alabama, with a residency period generally required, Alabama relative adoptions are still simplified compared to other adoptions. Check the laws of your state.
The Process of Kinship Adoption
Kinship adoption may occur when a child is an infant or older. The adoptive parents submit an adoption petition to the court. The parent(s) placing the child for adoption agree to relinquish their parental rights or may have their rights terminated by the court when grounds exist.
Once the court finalizes the adoption, the adoptive parents have full legal status, including rights and responsibilities for the adopted child.
Required documents include:
- Petition for adoption by relative
- Consent or termination of parental rights
- UCCJEA affidavit – Uniform Child Custody Jurisdiction and Enforcement Act
- Indian Child Welfare Act Affidavit
- Putative Father Registry Search
- Birth certificate
- Records of previous court proceedings
In some ways, the process of kinship adoption is easier. Florida removes the requirement of a period following placement before finalizing the adoption. A child may be placed in the home without a preliminary home study unless one is required by the court for good cause. Other relative adoption requirements are simplified, including the production of social and medical information.
The adoption may be finalized at the same time parental rights are terminated. If a parent who would be required to give consent is deceased, the death certificate may be submitted with the petition for adoption.
Legal Eligibility and Requirements for Kinship Adoption
Florida law defines relative or kinship adoption as a person related by blood to the adoptee, within the third degree of consanguinity. That means brothers and sisters, aunts and uncles, nephews and nieces, grandparents, and great-grandparents are relatives within the third-degree. All of these relatives could complete a “relative adoption” of the child under Florida law. In contrast, a great aunt, great uncle, or cousin is a fourth-degree relative, and therefore such a relative’s adoption of the child does not qualify as a relative adoption under the Florida Adoption Act. If a relative does not have a qualifying familial relationship, adoption is still possible under non-relative procedures.
The Petitioner, seeking to adopt, must also be a resident of Florida, which typically requires them to have lived in Florida for the past 6 months.
Like all adoptions, adopting parents must be fit to adopt. They must be healthy enough to care for a child.
While there is no income minimum, parents must be able to financially support a child. They may not be disqualified because of a criminal record, an abuse or neglect history, substance abuse, or other factors.
Is adoption the same as guardianship?
No. Guardianship gives the relative temporary rights until the guardianship is terminated. Adoption is permanent.
Do parents have to consent to grandparent adoption?
Not necessarily. If parents are voluntarily placing their child for grandparent adoption, consent is required. However, if grandparent adoption is necessary because of parental unfitness or abandonment, parental consent may be waived by the court.
Rights of Birth Parents in Kinship Adoption
Kinship adoption is the relinquishment of parental rights and responsibilities to the adoptive parent, who is a relative. Unless rights are terminated by the court, the birth parent may choose whether to place the child for adoption and who the adoptive parent(s) will be.
A parent considering relative adoption may change their mind until they relinquish their parental rights. If you are a birth parent or current legal parent, and you are considering placing a child for relative adoption, we invite you to reach out to the caring team at Gulf Coast Adoptions. We can discuss your questions and concerns and what to expect in the process.
Financial and Support Considerations
Adopting a relative comes with financial and support considerations. Adoption tax credits apply to all adoptions except stepparent adoption.
Navigating Family Dynamics in Kinship Adoption
There are many reasons that relative adoption is appropriate. A parent may be unable to care for a child because of a medical condition. They may face substance abuse or incarceration. A relative may develop a parent-like relationship with a child and want to formalize the parenting relationship. Navigating family dynamics in kinship adoption can help the adopted child and the entire family.
Ensuring a Smooth Kinship Adoption Process
Ensuring a smooth kinship adoption process may involve:
- Determining the appropriateness of relative placement
- Ensuring that relatives are qualified to adopt
- Understanding the legal considerations for adopting a relative and which steps may be waived or modified
- Setting clear expectations regarding contact with the child following finalization
- Ensuring emotional and mental health care for everyone involved
- Planning for financial and personal needs
- Completing the paperwork and petitioning the court
Contact Our Experienced Adoption Lawyer Today
At Gulf Coast Adoptions, we are heavily versed in adoption logistics along with an experienced adoption lawyer to help you. We handle cases involving adopting a relative, and we understand the legal considerations. Contact us today.