Fort Lauderdale Relative Adoption Attorney

Adopting a child who is already part of your family carries a particular kind of weight. You may have been raising this child for months or years. You may be the grandparent, aunt, uncle, or sibling who stepped in when the child’s parents could not. Now you want the law to reflect what your relationship already is. A Fort Lauderdale relative adoption attorney can help you make that permanent, in a way that legally protects both you and the child for the rest of your lives.

Relative adoptions, sometimes called kinship adoptions, follow a different path than agency adoptions or adoptions through the foster care system. The child already knows you. There may be other biological family members whose parental rights must be legally terminated. There may be complications involving a prior dependency case or a child welfare agency. Or the process may be relatively straightforward if both parents consent. What determines your path is the specific situation surrounding this child, and that is exactly the kind of analysis a Fort Lauderdale family law attorney focused on adoption can help you work through.

Florida courts process relative adoption cases through the circuit court system, and in Broward County that means the Seventeenth Judicial Circuit. The procedural requirements are specific, the timeline has real-world consequences for the child, and missing a filing requirement can set the process back significantly. Getting it right the first time protects the child’s stability and your legal relationship with them.

What Relative Adoption in Florida Actually Involves

The term “relative adoption” covers a range of family situations, and the legal requirements shift depending on the circumstances. At the broadest level, Florida law recognizes certain relatives, including grandparents, great-grandparents, siblings, aunts, uncles, and first cousins, as qualified to adopt a related child. But eligibility is just the starting point. What matters most is how the child came into your care, whether the parents are living, and whether parental rights have already been terminated or still need to be addressed.

When both biological parents are willing to voluntarily relinquish their parental rights, the process is considerably more manageable. Both parents must execute formal consent documents, and those consents cannot be signed until after the child is born. There are waiting periods before consent is considered final, and under certain circumstances consent can be withdrawn. A Fort Lauderdale adoption attorney can walk you through exactly when consent becomes irrevocable and what to do if a parent changes their mind.

When one or both parents are not willing to consent, the process requires a termination of parental rights proceeding before the adoption can move forward. These proceedings are governed by Florida law and require the court to find specific statutory grounds, such as abandonment, neglect, or a prior adjudication that the child was dependent. This is not a rubber stamp. The court takes parental rights seriously, and the legal standard is high. If you find yourself in this situation, having a relative adoption lawyer in Fort Lauderdale who understands both the adoption process and Florida’s termination standards is essential.

Cases involving the Florida Department of Children and Families (DCF) add another layer of complexity. When a child has been placed with you through a dependency proceeding, there are specific timelines that apply, including reunification efforts and case plan requirements, before an adoption can proceed. If the child has been in your care under a dependency case, coordinating with the assigned case worker and understanding what the court has already ordered are necessary first steps before you begin the adoption petition.

How Sandra Bonfiglio, P.A. Approaches Relative Adoption Cases

At Sandra Bonfiglio, P.A., the practice centers on helping families reach lasting, legally sound resolutions without unnecessary conflict. That philosophy matters in relative adoption cases because the relationships involved are permanent. You are not just seeking a court order. You are restructuring a family in a way that will define a child’s life, your legal obligations, and your connection to other relatives for decades to come.

The firm serves clients in both Fort Lauderdale and St. Augustine, which means familiarity with Broward County’s Seventeenth Judicial Circuit court processes as well as the St. Johns County court system. The firm’s focus on amicable family law resolution, including uncontested divorce, mediation, and collaborative approaches, translates directly into relative adoption work. Many relative adoptions benefit from a tone of cooperation rather than confrontation, particularly when other biological relatives remain in the child’s life and ongoing relationships need to be preserved even after the legal relationship changes.

The firm understands that relative adoption cases often come with a history. Perhaps you have already been the child’s primary caretaker. Perhaps there has been prior litigation involving the child. Whatever the background, the legal work that follows requires attention to that context, not a one-size approach to paperwork.

Key Issues in Fort Lauderdale Relative Adoption Cases

• Grandparent adoptions: Grandparents are among the most common relative adopters in Florida, often stepping in when a parent’s substance use, incarceration, or other circumstances make continued care impossible. Florida law allows grandparents to petition to adopt a grandchild, and the process may intersect with existing guardianship arrangements that need to be converted or dissolved.
• Sibling adoptions: An adult sibling who takes in a younger child faces specific considerations around age difference requirements, household eligibility, and the impact on other children already in the home. Courts want to see that the adopting household is stable and that the child’s transition will be handled with care.
• Stepparent versus relative adoption distinctions: While stepparent adoptions and relative adoptions share some procedural similarities, the legal framework differs in meaningful ways. Choosing the right petition type affects the consent requirements, the home study process, and how quickly the court can finalize the adoption.
• Home study requirements: Florida generally requires a home study in relative adoption cases unless the court waives it. The home study evaluates the adopting relative’s household, finances, and background. Understanding what reviewers look for, and how to prepare, can prevent delays.
• Termination of parental rights in dependency cases: When a child has been adjudicated dependent by a Florida court, termination of parental rights often happens through a separate proceeding tied to the dependency case before adoption can proceed. Navigating both tracks requires coordination and precise timing.
• Notice to absent or unknown parents: If one parent’s whereabouts are unknown, Florida law requires diligent efforts to locate that parent and provide notice. Failing to satisfy this requirement can result in the adoption being challenged or overturned later, which is a serious risk that proper legal guidance can help you avoid.
• Interstate considerations: If the child was born in or previously lived in another state, the Interstate Compact on the Placement of Children (ICPC) may apply, adding a layer of coordination between Florida and another state’s child welfare agency before the adoption can be finalized.

Starting a Relative Adoption in Broward County: What to Do Now

If you are ready to pursue a relative adoption in Fort Lauderdale, the practical starting point is gathering documentation. You will need proof of your relationship to the child, which typically means birth certificates tracing the family connection. You will also need documentation of the child’s current living situation, your financial stability, and any existing legal proceedings involving the child, including dependency cases, guardianship orders, or prior custody orders.

The adoption petition itself is filed with the Clerk of Courts for the Seventeenth Judicial Circuit, located at the Broward County Courthouse at 201 SE 6th Street in Fort Lauderdale. Once filed, the court will set a schedule for any required hearings. If parental rights have not yet been terminated, that proceeding must be completed before the adoption hearing can occur. If a home study is required, it must be completed and submitted to the court within the timeline the judge sets.

One common mistake in relative adoption cases is assuming that informal care arrangements, such as having the child live with you for years or holding themselves out as the child’s parent, automatically creates a legal right to adopt. Courts recognize what families do in practice, but the legal adoption process exists on a separate track. Until an adoption decree is entered, your legal authority over the child may be limited in ways that matter, such as in medical emergencies, school enrollment decisions, or estate planning.

Another frequent issue is underestimating how long the process takes when parental rights are contested. If a biological parent opposes termination, the case can take considerably longer than a consent-based adoption. Planning for that timeline and understanding what the court will require at each stage allows you to support the child’s stability throughout the process rather than being caught off guard by delays.

If DCF or the Guardian ad Litem program is involved in the child’s case, maintaining a cooperative relationship with those professionals is important. The court gives significant weight to the Guardian ad Litem’s recommendation regarding adoption, and a relative adoption attorney in Fort Lauderdale can help you understand how to work constructively within that process.

What Changes, and What Does Not, After Adoption Is Finalized

A finalized adoption creates a complete and permanent legal parent-child relationship between you and the child. The child gains the right to inherit from you, to be covered by your health insurance, to carry your name if you choose to change it, and to benefit from any legal protections or government benefits that attach to that parent-child status. Just as significantly, the biological parents’ legal rights and obligations are fully extinguished. They no longer have a legal duty to support the child, and in most circumstances, they no longer have a legal right to visitation or contact.

That said, families are often more complicated than legal documents. In many relative adoptions, the biological parent remains part of the extended family. Grandchildren who are adopted by their grandparents may still see their biological parent at holiday gatherings. Florida courts understand this reality, and in some cases the parties agree to post-adoption contact arrangements, though these are generally not enforceable in the same way as custody orders. Discussing what ongoing family relationships will look like, and putting any agreements in writing, is a practical step worth taking before finalization.

The child’s birth certificate is reissued after adoption is final, listing the adoptive parent or parents in place of the biological ones. This is the document the child will carry forward as the legal record of their parentage. It also means the original birth certificate becomes sealed under Florida law, though the adopted person may petition to access it in adulthood under certain circumstances.

Questions Families Ask About Relative Adoption in Florida

What relatives are eligible to adopt under Florida law?

Florida law defines eligible relatives to include grandparents, great-grandparents, siblings (adult siblings may adopt a younger sibling), aunts, uncles, and first cousins. Step-relatives and relatives by affinity may qualify in some circumstances. The key is demonstrating both the legal relationship and the ability to provide a stable, permanent home for the child.

Do I have to complete a home study even though I am already raising the child?

Typically yes, unless the court grants a waiver. The home study requirement applies in most Florida adoption cases, including relative adoptions, regardless of how long the child has lived with you. The home study evaluates your home environment, finances, health, and background, and is conducted by a licensed professional. Being well-prepared for this step can speed the process along considerably.

What happens if a biological parent refuses to consent to the adoption?

If a parent refuses to consent, the adoption cannot proceed unless the court terminates that parent’s rights involuntarily. Florida law outlines specific grounds for termination, including abandonment, abuse, neglect, incarceration, and certain adjudications of dependency. The court will conduct a full hearing before entering a termination order, and the standard is proof by clear and convincing evidence. This is a serious proceeding that requires thorough legal preparation.

Can I adopt my grandchild if I already have a guardianship?

Yes, and in fact many grandparent adoptions begin as guardianships. If you are already your grandchild’s legal guardian, you may petition to convert that relationship to a full adoption. The key differences are that guardianship can be modified or terminated by the court, while adoption is permanent. The court may require you to formally dismiss the guardianship as part of finalizing the adoption.

How long does a relative adoption typically take in Broward County?

The timeline varies significantly depending on whether parental rights have already been terminated, whether a home study is required, and whether anyone contests the adoption. Consent-based adoptions where rights are voluntarily relinquished can sometimes be completed within a few months. Contested cases involving termination proceedings can take a year or more. Broward County’s Seventeenth Judicial Circuit manages a high volume of family law cases, so scheduling and procedural requirements matter.

Does adopting a relative child affect my existing children’s inheritance rights?

Adoption does not reduce the legal rights of your biological or previously adopted children. All of your children, including a newly adopted relative, share equally in your estate absent a will directing otherwise. If estate planning is a concern, this is a good moment to review your will and beneficiary designations alongside the adoption process.

Can the biological parent visit the child after the adoption is finalized?

Legally, a finalized adoption ends the biological parent’s rights, including visitation rights. However, parties may voluntarily agree to ongoing contact, and in relative adoptions this is common given that extended family relationships often continue. These arrangements are typically not legally enforceable in Florida courts the way custody orders are, but they can be documented as part of the parties’ understanding. Courts generally do not impose post-adoption contact in contested termination cases.

What if the child was born in another state or the biological parents live out of state?

If the child was placed with you from another state, the Interstate Compact on the Placement of Children likely applies. This requires approval from both Florida and the sending state before the placement is considered legal. Adoption proceedings would then take place in Florida, but you must ensure ICPC compliance from the start. Failure to do so can create complications that delay or complicate the adoption.

Is there a difference between adopting an infant relative and adopting an older child?

Procedurally, the core requirements are the same. Practically, the considerations differ. Older children in Florida have the right to consent to their own adoption if they are age 12 or older. The court also gives more direct weight to an older child’s expressed preferences. If the child has a meaningful relationship with a biological parent, the court may consider that in evaluating what outcome serves the child’s best interests.

Will my nephew or niece keep their current name after adoption?

The adoptive parent may request a name change as part of the adoption proceeding, or the child may keep their existing name. For older children who have an established identity tied to their name, many families choose to keep the surname or add a hyphenated version. The adoption decree can address the name issue directly, and the reissued birth certificate will reflect whatever name the court approves.

Relative Adoption Representation Across Fort Lauderdale and Surrounding Communities

Sandra Bonfiglio, P.A. represents families pursuing relative adoptions throughout Broward County and beyond. From the Flagler Village and Tarpon River neighborhoods in Fort Lauderdale through Coral Springs, Plantation, Davie, Pembroke Pines, Miramar, Deerfield Beach, Pompano Beach, Lauderhill, Sunrise, Weston, Hallandale Beach, Dania Beach, and Hollywood, the firm’s representation extends across the communities that make up the greater Fort Lauderdale area. Clients also come from Cooper City, Coconut Creek, Tamarac, Margate, and the unincorporated communities throughout Broward County. Additionally, the firm serves families in St. Augustine and throughout St. Johns County, including the Ponte Vedra and Nocatee communities, for clients navigating adoption and family law matters in that region. Wherever you are in South Florida or the First Coast, the legal standards governing Florida relative adoptions are the same, and having consistent legal guidance through each step matters.

Speak With a Fort Lauderdale Relative Adoption Lawyer Today

A child who is already part of your family deserves the permanence and security that only a legal adoption can provide. Sandra Bonfiglio, P.A. works with relatives throughout Fort Lauderdale and Broward County who are ready to make that commitment official, whether the path forward is straightforward or involves more complex legal steps. As a Fort Lauderdale relative adoption attorney with a focus on family-centered, cooperative resolution, Sandra Bonfiglio can help you understand exactly where you stand, what needs to happen, and how to move forward in a way that puts the child’s stability first. Contact the firm to schedule a consultation and get the clarity your family needs.