DONALD FORREST HOLLAND, IN RE THE ADOPTION
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Donald Holland sought to adopt his adult grandson to confer federal educational financial aid benefits available to children of disabled veterans. The trial court denied the petition on public policy grounds, but the appellate court reversed, holding that Florida law expressly permits adult adoption and that lawful benefits flowing from such adoption cannot violate public policy.
The court reversed the trial court's denial and held that even if a trial court could theoretically deny an adult adoption petition on public policy grounds, no such grounds exist here because Florida law expressly permits adult adoption and any benefits lawfully available to the adoptee as a result cannot be considered a violation of public policy.
[1] A petition for the adoption of an adult, which complies with statutory requisites, cannot be denied on public policy grounds when the public policy of the state expressly…
[2] If an adoption results in the adoptee becoming entitled to a benefit authorized by law, the adoption itself is not in violation of public policy.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The public policy of Florida expressly permits the adoption of adults. § 63.042(1), Fla. Stat. (2007). If, as a result, the adoptee becomes entitled to a benefit authorized by law, it cannot be said that the adoption is in violation of public policy.”
Establishes the controlling legal principle that adult adoption is permitted and resulting lawful benefits cannot violate public policy.
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Join FLexlaw to unlock all legal intelligenceMr. Holland petitioned to adopt his adult grandson, who consented to the adoption. The petition complied with all statutory requirements under Florida…
The full statement of facts, procedural history, and disposition for this case are member content.
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TORPY, J.
We are called upon to address the propriety of a final order that denied Donald Holland’s petition to adopt his adult grandson. Although the trial court determined that the petition was in proper form, it denied the petition on public policy grounds. We reverse and remand this cause with directions that the trial court grant the petition.
Mr. Holland petitioned to adopt his adult grandson, who consented to the adoption. The petition complied with the statutory requisites and sought relief available under chapter 63, Florida Statutes. During the hearing, the trial court learned that Mr. Holland’s reason for adopting his grandson was to confer upon him entitlement to educational financial aid available to the children (but not grandchildren) of disabled veterans. In its order, the trial court concluded:
The final issue is whether this court should participate in the petitioner’s plan to adopt his grandchildren so that they can obtain federal aid not otherwise available to them. If Congress had intended for grandchildren to have these benefits it would have made them available to them. Surely, Congress did not intend the result which the petitioner and his other family members are trying to accomplish in this case. The court finds that the petitioner and his family are working together to obtain from the United States government benefits that Congress did not intend for the Adoptee and consequently, the petition should be denied because it violates public policy and is repugnant to the laws of Florida.
Mr. Holland argues very simply that the adoption of his adult grandchild is expressly authorized under Florida law, and the trial court did not have the discretion to deny the petition. We agree.
Even assuming that a trial court may deny a legally sufficient petition to adopt an adult on public policy grounds, no such grounds are present here. The public policy of Florida expressly permits the adoption of adults. § 63.042(1), Fla. Stat. (2007). If, as a result, the adoptee becomes entitled to a benefit authorized by law, it cannot be said that the adoption is in violation of public policy.
REVERSED AND REMANDED.
GRIFFIN and SAWAYA, JJ., concur.
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Dennis v. Kline, 120 So. 3d 11 (Fla. 4th DCA 2013)…refore, be strictly construed.” In re Miller, 227 So. 2d 73, 74 (Fla. 4th DCA 1969) (citation omitted). [*18] We agree with the fifth district that “[t]he public policy of Florida expressly permits the adoption of adults.” In re Adoption of Holland, 965 So. 2d 1213, 1214 (Fla. 5th DCA 2007) (citing § 63.042(1), Fla. Stat. (2007)). Such policy is articulated through the wording of the Florida statutes, which provide, with minimal qualification, that any person, whether a minor or an adult, may be adopted. See §…
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Rodriguez v. In re the Adoption OF Mariana Andrea Rodriguez, 219 So. 3d 944 (Fla. 3d DCA 2017)…s a factor to be considered by the trial court in deciding whether to grant or- deny the petition. The Fifth District Court of Appeal had an opportunity to consider the denial of an adult adoption petition in the matter of In re Adoption of Holland, 965 So. 2d 1213 (Fla. 5th DCA 2007). In Holland, the grandfather wanted to adopt his adult grandson in order to take advantage of a program for disabled veterans that provided financial aid to the children of the veteran, but not to the grandchildren. Id. at 1214.…