Although family members do not plan to raise the children of others, relatives are often called upon by parents who are simply unable to provide care for a child. This could be the case for any number of reasons, including:

• Child abuse
• Child neglect
• Abandonment
• Death of a parent
• A parent’s financial instability
• Teenage pregnancy
• Incarceration of a parent
• Substance abuse
• Physical and/or mental health problems
• A parent’s decision not to accept parental responsibility

The value of a Florida adoption can be significant to the child and the adopting parent(s). Adoption provides a permanent home for a child and permits the adopting relatives to provide health insurance for the child as a dependent, enroll the child in school, make medical decisions, and provide financial benefits to the child. The adoption also makes the child a legal heir to the estate of the adopting relatives.

Qualified Relatives

Under Florida law, a “Relative” means a person related by blood to the person being adopted within the third degree of consanguinity. Most often, this includes adoptions by a grandparent, sibling, aunt or uncle. Florida law also recognizes stepparents as relatives for the purposes of child adoption. By qualifying as a relative, adoption procedures are streamlined.

In Florida, a relative adoption is typically a simpler process than non-relative adoptions. No investigation or home study is typically required. Further, although non-relative adoptions require a separate hearing to terminate the parental rights of the birth parent(s), relative adoptions usually do not require a separate proceeding for that purpose. 

Consent to Adoption

Obtaining written consent to the adoption, from the birth parents, can expedite the adoption process even further. Birth parents have presumed, fundamental rights to children, but they can consent to the adoption and waive those rights. However, that is not always possible. If the birth parent(s) will not consent, the court will convene a hearing to determine whether the adoption should be granted anyway. Even if the parent(s) will not consent to the adoption, the court can grant the adoption if the parent(s) fail to respond to an adoption petition after being duly served. Or, the adoption petition may be granted if it is shown that the parent has failed to maintain a meaningful relationship with the child for one of several reasons recognized under the law.

Contact an Experienced Florida Relative Adoption Lawyer

If you are considering adoption of a relative child, contact The Wheeler Firm today to schedule a consultation at (850) 613-6923 or click HERE to submit request a call from us.