Virtual adoption is not defined under the Florida Statutes. There was a recent Florida Bar article entitled Virtual Adoption: Not Just for Netizens written by Brian R. Dolan and Joel M. Commerford.
The Fifth District Court of Appeal listed the following elements which are necessary to establish a virtual adoption:
1. An agreement [to adopt] between the natural and adoptive parents;
2. Performance by the natural parent[s] of the child in giving up custody;
3. Performance by the child by living in the home of the adoptive parents;
4. Partial performance by the foster parents in taking the child into the home and treating the child as their child; and 5. Intestacy of the foster parents.All five elements must be present, and these elements must be proven by clear and convincing evidence.
A virtual adoption means that the person is an heir and a possible PR.