Adoption and Guardianship in Florida

Welcoming a child into your family or stepping into a legal guardianship role is a life-changing decision. Whether through adoption or guardianship, Florida law provides pathways to ensure the best interests of children are protected while giving families the legal stability they need.

At Summer N. Boyd, Family Law Attorney, we guide families through these important processes with clarity and care.

Adoption in Florida

What is Adoption?

Adoption is the legal process by which a person (or couple) becomes the permanent, legal parent(s) of a child. Once finalized, the adoptive parents assume all legal rights and responsibilities as if the child were born to them.

Types of Adoption

Florida recognizes several forms of adoption, including:

Stepparent Adoption: A stepparent adopts their spouse’s child, often simplifying family unity.
Relative Adoption: A close relative (such as a grandparent, aunt, or uncle) adopts a child, often when biological parents are unable to provide care.
Agency or Private Adoption: Coordinated through an adoption agency or directly between birth parents and adoptive parents.
Adult Adoption: Adoption of a person over 18, often used to formalize existing parent-child relationships.

Requirements

At least one adoptive parent must reside in Florida.
The child’s biological parents must consent to the adoption unless their rights have been terminated.
A home study may be required to evaluate the adoptive parents’ suitability, depending on the type of adoption.

The Adoption Process

Petition for Adoption is filed.
Consent or Termination of Parental Rights is obtained.
Home Study & Background Check (in most cases).
Hearing Before the Court to determine if adoption is in the child’s best interest.
Final Judgment of Adoption, making the adoption permanent.

Guardianship in Florida

What is Guardianship?

Guardianship is a legal arrangement where a court appoints an adult (the guardian) to make decisions on behalf of a minor child or incapacitated adult. Unlike adoption, guardianship does not permanently sever the legal relationship between a child and their biological parents.

Types of Guardianship

Guardian of a Minor: Appointed when a child’s parents cannot provide proper care, due to incapacity, death, or other serious circumstances.
Guardian of an Incapacitated Adult: Appointed when an adult is unable to manage their own affairs due to disability or illness.

Responsibilities of a Guardian

A guardian is responsible for the well-being and financial interests of the person under guardianship. This can include:

Providing housing, healthcare, and education
Managing finances and assets
Making legal and medical decisions

The Guardianship Process

Filing a Petition with the court.
Evaluation & Background Checks of the prospective guardian.
Hearing where the judge determines whether guardianship is necessary and who is best suited to serve.
Appointment & Ongoing Oversight, as guardians must submit reports to the court.

Adoption vs. Guardianship

While both adoption and guardianship provide stability for children, the key difference is permanence:

Adoption is permanent and creates a full parent-child relationship.
Guardianship is temporary or ongoing, and parental rights may still exist.

Why Legal Guidance Matters

Adoption and guardianship cases involve sensitive issues and strict legal procedures. Having an experienced attorney ensures your rights are protected and the child’s best interests are prioritized.

At Summer N. Boyd, Family Law Attorney, we provide compassionate and professional support to families navigating adoption or guardianship.