Florida Probate Litigation Lawyer Blog
Many people utilize a will, a trust, or some other standard form of estate planning to ensure that their loved ones are provided for upon their death. However, in Florida, individuals have an additional estate planning tool: adult adoptions. Under Florida Statute § 63.042, a husband and wife, an unmarried adult, or a married person without the other spouse joining as a petitioner may adopt an adult. The statute does provide certain limitations, for example, if a married person wants to adopt without the other spouse joining as a petitioner, then the non-joining spouse must consent to the adoption. However, a court can excuse this requirement. Generally, Florida’s adoption statute is less restrictive than similar statutes in other states because it does not impose the common age difference requirement. Under this requirement, there must be a certain age difference between the party being adopted and the party wishing to adopt in order for the adoption to be legal. This means that in Florida an adult is able to adopt another adult regardless of age.
