How to Adopt an Adult Stepchild in Florida: Forms, Consent and Filing Checklist

The short answer: in Florida, a stepparent adopts a spouse's adult child with the court-approved Petition for Adoption of Adult by Stepparent, Form 12.981(c)(1), filed with the circuit court clerk in the county where either of you lives. The adult being adopted signs a written consent, and so does the adult's spouse, if married. The other birth parent's consent is not required. The birth parents receive written notice of the final hearing, and the hearing can be held right after filing. Here's the checklist.

Step 1: Confirm the Relationship and the Petition

Florida allows any person, minor or adult, to be adopted (Fla. Stat. § 63.042(1)). The court-approved Form 12.981(c)(1) is for a stepparent adopting a spouse's adult child. Its instructions name the stepparent as the petitioner and direct you to file with the clerk of the circuit court in the county where either the petitioner or the adoptee lives. Your signature on the petition is witnessed by a notary public or a deputy clerk.

Your spouse, the adult's parent, also has a role. Under § 63.042(2)(c), a married person can adopt without the other spouse joining as a petitioner when that spouse is a parent of the person being adopted and consents to the adoption.

If your relationship is different (for example, a former stepparent, or an adult adoption by someone who isn't a stepparent), a different petition may apply. Check with the clerk before you file.

Step 2: Get the Written Consents

Florida's adult-adoption rule is short and clear (Fla. Stat. § 63.062(8)):

Person	What Florida requires
The adult being adopted	Written consent to the adoption
The adult's spouse, if married	Written consent, unless the court waives it for good cause
The adult's birth parents	No consent. Written notice of the final hearing, or proof of service filed with the court

The form instructions say it directly: "Consent of the birth parent is not required." The petition is filed with Consent of Adoptee (Form 12.981(a)(2)) and, if the adult is married, Consent of Adult Adoptee's Spouse (Form 12.981(c)(2)).

For more, see our answer on whether a biological parent must consent to adult adoption in Florida and the Florida adoption guide.

Step 3: Give Notice to the Birth Parents

Notice is a routine step. If you know where a birth parent lives, the instructions call for personal service. If you truly don't know where a parent lives, the instructions allow constructive service, which is notice by publication. The official instructions note that constructive service law is detailed and that you may wish to consult an attorney about that step. Keep your proof of service or publication with your file.

Step 4: Build Your Filing Folder

Before signing, read each document together and compare the spelling of names, the requested adopted name and the addresses across the whole folder. Fix any differences before filing.

If a nonlawyer helps you fill out Florida's family law forms, the instructions say that person must give you a Disclosure from Nonlawyer (Form 12.900(a)) and put their name, address and phone number on the forms.

Step 5: Set and Attend the Final Hearing

For an adult adoptee, Florida allows the hearing to be held immediately after the petition is filed (Fla. Stat. § 63.122(1)). That doesn't guarantee a same-day appointment: notice to the birth parents and the court's calendar still set the date. Once your forms are filed and the consents are in, the instructions say to check with the clerk, family law intake staff or the judicial assistant to set the final hearing, and to notify the other parties with a notice of hearing (Form 12.923 or another appropriate form).

Florida doesn't require a preliminary home study when the adoptee is an adult, though the court can require one for good cause (Fla. Stat. § 63.092(3)).

What to Ask the Clerk Before You File

• Which division handles adult stepparent adoptions in this county?
• Are there local cover sheets or copy requirements in addition to the statewide forms?
• How do I request the final hearing, and what proof of notice must be on file?
• What is the current filing fee, and is fee-waiver information available?

Adult adoption has real legal effects, including on inheritance. For an individual question about inheritance or estate planning, talk to a Florida attorney.

Frequently Asked Questions

Does a biological parent have to consent to an adult adoption in Florida?

No. Florida requires the written consent of the adult being adopted and, if married, the adult's spouse (unless the court waives it for good cause). The birth parents receive written notice of the final hearing, but their consent is not required.

Is Form 12.981(c)(1) the right form for every adult adoption?

No. It's Florida's court-approved petition for an adult adoption by a stepparent. A different relationship may need a different petition; check with the clerk.

Where do I file?

With the clerk of the circuit court in the county where either you (the stepparent) or the adult being adopted lives.

Does adult adoption require a home study in Florida?

Generally not. Florida doesn't require a preliminary home study for an adult adoptee, though the court can require one for good cause.

Is the $349 document package the court filing fee?

No. Our package is $349 for the first adult, plus $99 for each additional adult. Court filing fees, service or publication and certified copies are separate; ask your clerk for current charges.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Florida Supreme Court Approved Family Law Form 12.981(c)(1), Petition for Adoption of Adult by Stepparent, and its instructions; Fla. Stat. §§ 63.042, 63.062(8), 63.092(3) and 63.122(1). Company figures (34,000+ families since 2001) are from our own records.