Relative Adoption

A relative adoption is an adoption of a child by a person related to the child within a certain degree by blood or marriage.  The list of relatives eligible to adopt are generally restricted to grandparent, sister, brother, aunt or uncle.  For example, in Florida, “relative” means a person related by blood to the person being adopted within the third degree of consanguinity (close relation).  Whereas, in Arizona adoption law defines a “relative” as uncle, aunt, adult sibling, grandparent or great-grandparent of the child of the whole or half-blood or by marriage or adoption.  The definition varies from state to state.  In most states, a less formal approach is taken regarding relative adoptions as compared to other types of adoptions.  For example, relative adoptions will often not require a home study of the adoptive family.  This reduces the cost of the process thereby making relative adoption easier.

Since the parties to adoption know each other the adoption is an open one.  In certain states, a child over 12 years is asked to consent before a relative adoption can take place.  The consent is also obtained when a change of name is to occur.  If the consent of the birth parents is not obtained for a relative adoption, the courts consider the child’s best interests before making a determination of whether to grant the adoption request.