What is relative adoption?

Relative adoption in the USA is a legal process where a family member adopts a child who is related to them by blood or marriage. This type of adoption is often pursued in situations where the biological parents are unable or unfit to care for the child. It ensures that the child remains within their extended family, providing continuity, stability, and a sense of belonging. 

In this post, we’ll break down the definition of relative adoption, explore the requirements and steps involved, and highlight why it can be a preferable option for many families. If you're considering adopting a relative in the United States, this guide is a great place to start.

What is Relative Adoption?

Relative adoption, also known as kinship adoption or family adoption, occurs when a child is legally adopted by a grandparent, aunt, uncle, sibling, or another extended family member. The adoptive relative becomes the child’s legal parent, assuming all parental rights and responsibilities.

Why Choose Relative Adoption?

Benefits of relative adoption include:

• Emotional continuity: The child remains in a familiar environment with people they know and trust.
• Faster and less expensive than traditional adoptions or foster-to-adopt routes.
• Legal security for both the child and the adoptive parent.

Relative adoptions can also help preserve the child’s cultural, familial, and ethnic identity, making the transition less disruptive.

Legal Requirements for Relative Adoption in the USA

Relative adoption laws in the United States are governed at the state level, which means the specific requirements, procedures, and timelines can vary significantly. However, there are several common legal elements shared across most states. Understanding these requirements can help prospective adoptive relatives prepare for the process and avoid delays.

Common Legal Requirements for Relative Adoption

1. The Adoptive Relative Must Be a Legal Adult
   Most states require the adoptive parent to be at least 18 years old, though some jurisdictions may have higher age requirements or expect a minimum age gap between the adoptive parent and the child (e.g., 10 years in some cases).
2. Termination of Parental Rights (TPR)
   Before a relative can adopt a child, the biological parents' legal rights must be terminated. This can occur:
   • Voluntarily, when the biological parents agree to relinquish their rights.
   • Involuntarily, through a court order, often due to abuse, neglect, abandonment, or unfitness.

The court must determine that termination is in the best interest of the child.

3. Home Study or Background Check
   • Some states waive or streamline the home study process for relatives.
   • Others may require a full home study, including home visits, interviews, and background checks to assess the safety and suitability of the adoptive home.
4. Child’s Consent
   In many states, if the child is 12 to 14 years old or older, they must consent to the adoption.
5. For example, Colorado requires consent from children 12 or older.
6. In Georgia, the age of consent is 14.

State-by-State Variations: Examples

California

• Relative adoptions are streamlined in many cases.
• Home studies are often waived for close relatives (e.g., grandparents, siblings, aunts/uncles).
• The Adoption Request (Form ADOPT-200) and Relinquishment of Parental Rights forms are typically required.
• California Family Code § 8616.5 outlines procedures for relative adoptions.

Texas

• Texas generally requires a home screening and criminal background checks even for relatives.
• The state uses a Suit Affecting the Parent-Child Relationship (SAPCR) process in some relative cases.
• Parental rights must be terminated first, followed by a separate adoption case.

Florida

• Florida allows close relatives to adopt through an expedited adoption process.
• Home study may be waived for stepparent and relative adoptions under certain circumstances.
• Child consent is required at age 12 or older.

New York

• New York requires a petition to the Surrogate’s Court and a full background check.
• The home study may be modified but not always waived.
• Court evaluations focus heavily on the child’s welfare and stability.

Special Considerations

• ICPC (Interstate Compact on the Placement of Children): If the child and relative live in different states, this compact ensures both states approve the placement.
• Guardianship vs. Adoption: Some relatives may initially obtain guardianship before pursuing adoption.

The Process of Relative Adoption

1. Filing a Petition – You’ll need to file an adoption petition with the court.
2. Consent and Termination of Parental Rights – If applicable, biological parents must consent or be found unfit by the court.
3. Court Hearings – A judge will review the case and may order home studies or background checks.
4. Finalization – If the court approves, the adoption is finalized and a new birth certificate is issued naming the adoptive parent(s).

Is a Lawyer Required for Relative Adoption?

While not always required, hiring an adoption attorney can help you navigate the process, especially if:

• Parental rights are contested.
• You live in a state with complex legal requirements.
• You’re dealing with an interstate adoption (adopting a relative who lives in another state).

Relative adoption offers a loving and legally secure path for children to stay within their extended families. While the process is generally more streamlined than traditional adoption, it’s still important to understand your state’s laws and consult professionals if needed.