How old do you have to be to adopt in Florida?

Short answer: Florida's adoption statute does not give a minimum age as a number. It says an adoptive parent must be "an unmarried adult" or, for a married couple, "a husband and wife jointly" (Fla. Stat. § 63.042(2)). In everyday terms, adult means 18 or older. If your situation turns on an exact age, the Circuit Court clerk in your county can confirm it.

What this means for a stepparent: The statute also covers a married person who adopts without their spouse joining the petition. That applies when the person being adopted is not their spouse, and either of these is true (Fla. Stat. § 63.042(2)):

• The other spouse is a parent of the adoptee and consents.
• The court excuses the spouse's failure to join or consent.

This is the usual route for a stepparent adopting a spouse's child.

Age gap between you and the child: Chapter 63 does not state a required age difference between the adopting parent and the person being adopted. If you have a specific concern about this, ask the Circuit Court clerk or an attorney.

Where the child's age does matter: Florida sets a child consent age of 12 (Fla. Stat. § 63.062). Beyond that, you should confirm with the clerk or an attorney how a child's age affects your particular case.

Adopting an adult: Florida allows adult adoption. The statute says any person, a minor or an adult, may be adopted (Fla. Stat. § 63.042). No relationship or disability condition applies. Adult adoptions typically move faster, with a timeline of 4-8 weeks, compared with about 3 months for a stepparent adoption of a child.

Other points that apply to stepparents:

• Court: Your case is filed in the Circuit Court in your county. Florida has 67 counties.
• Home study: It is waived for stepparents (Fla. Stat. § 63.092).
• Background checks: FDLE and FBI background checks are required.
• Filing fee: Court filing fees typically run $200-$500, and the total typical cost is under $1,000, compared with $3,000-$5,000+ for an attorney.
• Effect of adoption: The adoption ends the other parent's child support obligation and parental rights at the same time (Fla. Stat. § 63.172).