Stepparent Adoption in Florida

What is a Stepparent Adoption?

Stepparent Adoptions in Florida occur when a petition is filed for a stepparent to gain the same legal and parental rights to a child as a birth parent would have. For a Stepparent Adoption to take place, the child’s legal parent must be legally married to the stepparent who wishes to adopt the child.

To begin a Stepparent Adoption in Florida, a Petition for Stepparent Adoption must be filed with both the legal parent and their spouse, the stepparent that wishes to adopt the child, as parties. This means that both the birth parent and their spouse that wishes to adopt the child are parties to the adoption proceedings.

Does the legal parent have to consent to the adoption in Florida?

Yes, in most cases, the legal parent must consent to the adoption by a stepparent. A legal parent is the person(s) that appear on the child’s birth certificate or have obtained legal parental rights to the child through other legal proceedings.

What if the legal parent DOES NOT consent to the Florida stepparent adoption?

For a Stepparent Adoption to take place in Florida, the legal parent must terminate their parental rights before the adoption. However, there are certain circumstances in which the legal parent does not have to consent to the adoption, and their parental rights can be terminated without their consent.

The circumstances for terminating parental rights without consent are defined by Florida Statute 39.806 and are as follows:

1. Abandonment: Defined by Florida Statute 39.01(1) as the failure of a child’s parent or legal custodian to establish or maintain a substantial or positive relationship with the child. Fla. Stat. 39.806(b)
2. When the parent engages in conduct toward the child or other children that threatens life, safety, or mental health. You can prove this by a previous case or a case plan from a child welfare agency. Fla. Stat. 39.806(c)
3. In some circumstances where the parent is incarcerated if certain factors can be shown. Fla. Stat. 39.806(d).
4. In some situations where the child has been adjudicated as dependent. Fla. Stat. 39.806(e).
5. If the parent is engaged in egregious conduct or could prevent or knowingly fail to prevent egregious conduct that threatens the child’s life, safety, or mental health or the child’s sibling. Fla. Stat. 39.806(f).

What do you do if the legal parent DOES consent to the stepparent adoption?

If the legal parent does consent to the adoption, they must sign a Consent and Waiver form. Signing the Consent and Waiver terminates the legal parent’s parental rights by stating that they consent to the Stepparent Adoption and agree to terminate their parental rights.

What if no father is listed on the child’s birth certificate?

If a father is not listed on the child’s birth certificate and no other father has legal rights to the child, an Affidavit of Nonpaternity must be signed for the stepparent adoption to proceed. It is important to note that someone may have legal rights to the child if they were married to the mother during the child’s birth or have acknowledged paternity in a legal form. If this is the case, they would likely need to be notified of the case and consent to the stepparent adoption.

At what age does the child also need to consent to a stepparent adoption?

In Florida, children 12 years of age or older must complete an additional form consenting to stepparent adoption. Any child 12 years of age or older must sign the consent to adoption form, which will be submitted along with the petition.

Does the stepparent’s name go on the child’s birth certificate?

Yes, after the Florida stepparent adoption is finalized, the stepparent’s name will be added to the child’s birth certificate, and a new copy will be produced noting the stepparent as the child’s legal parent.