Relative Adoption Lawyer in Florida

When a child is being raised by a family member, adoption can provide the legal security that protects what already exists. Our experienced adoption attorneys help relative caregivers establish lasting legal parent-child relationships with care and clarity.

Protecting Family Through Relative Adoption

Adoption of a minor child by a relative caregiver can be an important tool for assuring the legal security of the child. Given the significant divorce rate, economic hardship, psychological instability, teen pregnancy, and substance abuse we see all around us, it is not surprising that there are many families in which children are being raised by relative caregivers – grandparents, aunts, uncles, an adult sibling, or other more distant relatives.

In a fair number of cases, the child’s parents have been unable, or in some cases unwilling, to adequately parent the child and have reached out to family for help, or a family member has stepped in to assume custody and care of the child.

Some parents are unable to provide financially for themselves, much less their child; some are not emotionally ready or capable of providing for the physical, mental, and emotional needs of a child; some, through admirable self-evaluation, have concluded that they are not suited for the responsibilities of parenthood; and in some sad cases, parents have neglected or abused their children.

Finding the Right Support A Couple’s Adoption Experience

Adoption can take many forms. The Maly family shares their experience adopting the husband’s niece, and how clear guidance and responsive support helped make the process feel smooth and manageable.

When a Relative Becomes the Child’s Primary Parent

In many instances, the relative caregiver has been the sole caregiver for years, the child’s parents have been largely absent from the child’s life, and as a consequence, the child has identified with the relative (aunt, uncle, grandparent, etc.) as his or her parent.

In such cases, the relative has become the child’s de facto parent, paying for medical care, school, and recreational expenses, ferrying the child to and from sports practice, dance lessons, school plays, and other activities, and attending doctor visits and teacher conferences. In some cases, the relative caregiver is the only mother or father the child has ever known.

Legal Limitations Without Adoption

Although the caregiver may be doing all the “heavy lifting” of parenting a niece, nephew, grandson, or granddaughter, the relative caregiver does not have the same status vis-à-vis the child as a biological or legal parent of the child. Thus, although the relative is fulfilling all the responsibilities of parenthood, he or she is not afforded the rights of parenthood. This can complicate the ongoing care of the child and the relative’s ability to raise the child.

How Relative Adoption Provides Legal Security

Adoption of the child by the relative caregiver establishes legally the parent-child relationship already existing between the child and the relative and affords all the legal protections of the parent-child relationship, including such things as child support, succession of property upon the parent’s death, and all other laws that affect parents and children.

Florida Law and Relative Adoption Requirements

The legal process for adoption involves the termination of the legal and/or biological parental rights and the finalization of the relative’s adoption of the child. Through adoption, the child is the child of the grandparent, aunt, uncle, or other relative just as though born to him or her, and the adopting relative obligates himself or herself for such things as child support, as well as all other parental responsibilities and liabilities with respect to the child and has full parental prerogatives and rights with respect to the child.

If the relative caregiver is related to the child within the third degree of consanguinity (such as a grandparent, aunt, uncle, or adult sibling), Florida law provides for a unified legal process and does not require the adopting relative to have a home study, unless a subsidy is being pursued.

Guidance From Experienced Adoption Attorneys

If you have questions about how to do a relative adoption, or if you are interested in adopting your grandchild, niece, or nephew, or if you are a parent who wishes to have your child adopted by a family member, please contact Tate Healey Webster online.

The attorneys at Tate Healey Webster have focused their practice on adoption law for a combined total of over 120 years and have helped complete thousands of adoptions. Click here to learn what considerations to take into account when selecting an adoption attorney. Click here if you have questions about what financial resources may be available to assist you on your adoption journey.

Frequently Asked Questions About Relative Adoption in Florida

What is a relative adoption in Florida?

A relative adoption occurs when a child is legally adopted by a family member, such as a grandparent, aunt, uncle, or adult sibling. This type of adoption formalizes an existing caregiving relationship and provides the child and caregiver with full legal parent-child rights and protections under Florida law.

Does relative adoption in Florida require a home study?

Under Florida law, if the caregiver is related to the child within the third degree of consanguinity, such as a grandparent, aunt, uncle, or adult sibling, a home study is generally not required unless a subsidy is being pursued.

Why should a relative caregiver consider adoption instead of custody or guardianship?

While custody or guardianship can allow a relative to care for a child, adoption provides permanent legal security. Adoption grants the caregiver full parental rights, including decision-making authority, inheritance rights, and long-term stability for the child that custody or guardianship arrangements may not provide.

Relative Adoption Related Pages

Stepparent Adoption Infant Adoption Adult Adoption Grandparent Adoption LGBTQ+ Adoption Second Parent Adoption Older Child Adoption Adoption Homestudy Qualify for Adoption Subsidy Adoption

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Your Trusted Partner in the Adoption & Surrogacy Process

With years of experience and a commitment to personalized service, Tate Healey Webster Adoption Attorneys is proud to be a trusted partner in adoption throughout the state. We understand that every adoption is unique, which is why we offer tailored legal solutions and support. If you’re ready to begin your adoption journey, contact us today. Let us help you bring your family closer together through the miracle of adoption.