Adopting a child after their child welfare case closes to permanent guardianship involves several legal steps and considerations. First, it’s essential to understand the legal implications of transitioning from guardianship to adoption. Adoption typically terminates the legal relationship between the child and their birth parents, granting the adoptive parents full parental rights and responsibilities over that child.

Adoption is a complex legal process and you should consult with an attorney who specializes in adoption. Attorneys who are fellows in the Academy of Adoption and Assisted Reproduction Attorneys (AAAA), or who are board certified in Florida, will generally meet that standard in Florida. Your attorney will guide you through the specific steps required in your jurisdiction and help ensure that you meet all legal requirements.

Sometimes birth parents consent to the adoption after guardianship. Other times, the court will waive this requirement after a contested trial where the prospective adoptive parents establish that the parent has abandoned the child, for example.

Regardless, it is important to know and understand that just because a child’s case closed in guardianship before the Juvenile Court, the adoption does not need to proceed in that same court. Instead, the adoption may proceed in Family Court in front of a Family Law Judge who is familiar with and understands adoption.

Every prospective adoptive family must file a petition for adoption with the Family Court. This petition typically includes information about the child, the adoptive parents, and the reasons for seeking adoption.

Depending on the guardian’s legal relationship to the child, the guardian may need to undergo a home study conducted by a social worker or adoption agency. Certain immediate relatives of the child may be excused from the adoption home study process under Florida Law. The purpose of the home study is to assess the suitability of the adoptive parents and ensure that the child will be placed in a safe and stable environment.

Once the petition for adoption has been filed, a court hearing will be scheduled. During the hearing, a judge will review the petition, any supporting documentation, and may ask questions to ensure that the adoption is in the best interests of the child.

If the judge approves the adoption, a final decree of adoption will be issued, legally establishing the adoptive parents as the child’s parents. At this point, the guardianship is terminated, and the adoptive parents assume all rights and responsibilities for the child.

After the adoption is finalized, it’s important to update legal documents such as the child’s birth certificate, social security records, and any estate planning documents to reflect the new parent-child relationship. Please note that the adoption disrupts many of the financial benefits of the permanent guardianship and any guardianship associated benefits (including the college tuition waiver).

Throughout the adoption process, it’s crucial to prioritize the best interests of the child and ensure that their emotional and psychological needs are being met. Working closely with professionals experienced in adoption can help ensure a smooth transition for everyone involved.