In this answer · 6 sections
No. Florida does not require the biological parents' consent to an adult adoption; it requires that they be given notice of the final hearing. The adult adoptee gives written consent and, if married, so does the adoptee's spouse, unless the court waives the spouse's consent for good cause. Notice is a routine step, not a veto: the parents are told about the hearing, and their consent still isn't required.
The controlling provision is Florida Statutes §63.062(8). It covers the written consents and the written notice of the final hearing (or filed proof of lawful service).
Three quick questions
| Question | What it means for an adult case |
|---|---|
| Does the adult want to be adopted? | The adult signs a written consent |
| Is the adult married? | The spouse also consents, unless the court grants the statutory waiver |
| Have the adult's parents received notice? | Send the final-hearing notice and file the proof |
| Is the petitioner married? | Check the adopting-spouse conditions in §63.042 |
The adult's spouse and the adopting stepparent's spouse are different people. For example, an adult daughter may have her own husband, while her mother is married to the adopting stepfather. Record each one in the right role.
The consent forms
Florida Courts publishes Form 12.981(c)(2) for the adult adoptee's spouse. The posted form bears a February 2018 date and has witness lines and instructions to sign before a notary public or deputy clerk. The adult's own consent is listed in the posted adult-stepparent petition instructions.
Each consent is a signed, witnessed form, so a supportive text message won't do. If the adoptee's spouse won't consent, ask the court for the good-cause waiver in your petition.
Notice: a routine step
Section 63.062(8) requires written notice of the final hearing to the parents, if any, or proof of service showing notice under the chapter. That holds even when a parent might object, and an objection doesn't turn into a consent requirement.
The statewide petition instructions call for personal service when you know where the parents live and describe constructive service (publication) when you don't. If a parent's address is unknown, do a reasonable search, write down what you checked, and use the constructive-service steps the instructions describe; the instructions note this area of law is complex, so follow them closely.
§63.122(2) ties hearing notice and service to the chapter's procedural requirements. File the service return or proof with the court. See the reviewed service-cost guide when budgeting.
Safety or missing information
If contact raises a safety concern, tell the court before serving anyone. Section 63.122(3) lets the court make specified protective changes to hearing notices on a sufficient showing, while still giving notice.
For a deceased parent, an unknown parent or a missing address, ask the clerk what proof your case needs (for example, a death certificate or a record of your search). The Florida process guide covers the surrounding filing stages.
Keep a consent-and-notice record
List each person's role, their document, how it was signed or delivered, and whether the filed copy or service return is in the court record. A quick check of that list before requesting the final hearing keeps the case moving.
Related Florida adult-adoption guides
Adult adoption in Florida at a glance
- Court
- Circuit Court
- Typical timeline
- 4-8 weeks
- Court filing fee
- Confirm the adult-adoption filing fee and any copy charges with your court.
- Florida families we've helped
- 1,228
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
Get to know our team →