Stepparent Adoption in Florida: Steps and Requirements

What Is Stepparent Adoption?

A stepparent adoption is a legal process that allows a stepparent to gain full and equal parental rights over their stepchild. It legally terminates the parental rights of the absent biological parent and formalizes the relationship between the child and the stepparent.

To adopt a stepchild in Florida, the stepparent must (1) get any required consents, (2) file the adoption petition and accompanying documents in the appropriate county, (3) attend a final court hearing, and (4) finally obtain an amended birth certificate.

Requirements for Stepparent Adoption

Here are the requirements to adopt a stepchild in Florida:

• The stepparent must be able to financially and morally support the stepchild.
• The stepparent and the stepparent’s spouse must file a joint petition for adoption.
• The petition must include (1) the child’s birth date and place of birth, (2) the name that should be given to the child, if the child’s name is being changed, (3) a statement of how long the stepparent has lived with the child, and (4) reasons why the stepparent wants to adopt the child.
• If applicable, the biological father must consent to the adoption. Or the petition must state the reason why the biological father’s consent is not required.

The first step is filing the petition. Then the absent parent has a chance to oppose the adoption. If the absent parent does not contest the adoption, if the absent parent has consented, or if the absent parent’s rights are waived, then the court will finalize the adoption. After finalization, the state will issue the child a new birth certificate showing the child’s new name and parents.

The rights of the absent parent do not need to be terminated prior to the adoption. If warranted, the court will terminate the absent parent’s parental rights through the final judgment of stepparent adoption.

Five Steps to Stepparent Adoption

Here are the steps to stepparent adoption in Florida:

1. Get any required consents.
2. File the adoption petition.
3. Schedule the final hearing.
4. Conduct the final hearing.
5. Obtain an amended birth certificate.

1. Get Any Required Consents

The first part of the stepparent adoption process is for the non-custodial parent to give consent. For example, if you are the biological mother and wish for your spouse to adopt through a stepparent adoption, the biological father generally must consent to the adoption. If the non-custodial parent objects to the adoption, you’ll have to work with your attorney to overcome those objections.

Under Florida law, consent can sometimes be waived. A judge can waive consent under the following circumstances:

1. When a parent has abandoned a child.
2. When a parent has already had their rights terminated.
3. When a parent has been declared incompetent and the parent is not likely to get better.

Therefore, the consent of the absent biological parent is not always required. We can help you to determine whether you need to obtain consent.

Usually, the child being adopted must also consent if they are 12 or older. Other people must consent as well In some less common situations.

2. File the Stepparent Adoption Petition

A petition for stepparent adoption is the formal request for the court to grant the adoption and give parental rights to the stepparent. Filing a petition opens the court case. The petitioner, who is the stepparent asking for parental rights, files the petition along with other supporting documents legally required under Florida law.

The case can be filed in the country where you reside or in the county where your attorney is located.

3. Schedule the Final Hearing

Once the petition for the stepparent adoption is filed, the court will assign a judge to your case. Then your attorney will check the judge’s availability and schedule a time for the final adoption hearing. We will send you a Notice of Hearing for the scheduled time.

4. Conduct the Final Hearing

The hearing is a formal, but friendly, meeting with the judge, after which the judge will rule on the adoption. Most judges conduct the hearings virtually.

In the county where I file, all judges conduct their hearings virtually. That means you never have to leave your home.

The hearing typically takes 5-10 minutes. The judges will ask a few questions to make sure that everyone wants the adoption and that the correct procedures were followed.

After the hearing, the adoption will be finalized, and the stepparent will have full legal rights to the child. The judgment entered at or shortly after the hearing is what grants the stepparent full parental rights.

5. Obtain an Amended Birth Certificate

Once the adoption is finalized, you can apply for amended birth certificates that list the new mother or father. The old birth certificates will be sealed. I do this for you as your attorney.

Required Documents for Stepparent Adoption

Florida stepparent adoptions require specific legal forms, all of which must be correctly completed and filed with the court. At a minimum, you will need:

• Petition for Stepparent Adoption, which must include the petitioner’s verified statement outlining relevant facts about the child and family situation.
• Consent and Waiver of Notice from the biological parent whose rights are being terminated, unless their consent is not required.
• UCCJEA Affidavit to confirm the child’s residency history.
• Indian Child Welfare Act Affidavit.

If the child’s other legal parent cannot be located or has abandoned the child, additional affidavits may be needed to demonstrate diligent search or abandonment.

Birth Father’s Rights in a Stepparent Adoption

In Florida, a birth father’s rights in a stepparent adoption depend on whether he has legally established his parental relationship with the child. Florida law protects those rights, but only if the father has taken specific legal steps.

If the birth father was married to the child’s mother at the time of birth, he is automatically considered the legal father. In that case, his consent is required for a stepparent adoption unless his parental rights are legally terminated.

If the father has established paternity through a court order or signed acknowledgment, he has full legal rights. His consent must be obtained before the adoption can proceed, unless a court finds that he is unfit or terminates his rights due to neglect or abandonment.

If the father has not legally established paternity, he has limited or no rights under Florida law. In these cases, the stepparent adoption can move forward without his consent.

A birth father who has abandoned the child or failed to provide support may lose his parental rights entirely. In these situations, the court can terminate his rights without his consent if it finds that he has failed to maintain a relationship or that adoption is in the child’s best interests.

In short, if a birth father has legal parental rights, those rights must be addressed—either through consent or legal termination—before a stepparent adoption can be finalized.

Contested Stepparent Adoptions

If you cannot get the absent parent to consent to the stepparent adoption, the best option may be to file to terminate the absent parent’s parental rights. Under Florida Statute §63.064, termination of parental rights of the absent parent is generally allowed if that parent has either:

• Abandoned the child.
• Been declared incompetent.

If you don’t know the location of the birth father or mother, Florida law lists several steps that you must take to find the birth parent before proceeding with the adoption.

Consent is generally not necessary if:

1. The parent has executed a surrender document witnessed by two witnesses.
2. The parent has abandoned the child.
3. The parent has engaged in behavior that endangers the life, safety, well-being, or health of the child.
4. The parent is incarcerated for a certain time period.
5. A child has been adjudicated dependent, and the parent has not complied with the case plan filed with the court.
6. The parent has engaged in “egregious conduct” that threatened the health and well-being of the child or a sibling of the child.

In addition, not every parent must consent to the adoption. Under Florida law, the only individuals required to consent generally are (1) the mother of the child, (2) the father of the child if the child was born while the father was married to the mother, the child is the father’s by a prior adoption, the child has been adjudicated by the court to be the father’s child, the father has filed an affidavit of paternity or is listed on the child’s birth certificate, or finally, if the father has filed an acknowledgment of paternity in the Florida putative father registry. Note that Florida court decisions may alter the list of who must consent to an adoption.

Should we find the parent whose rights will be terminated, we must serve a copy of the adoption documents. Serving the documents is the lawful method of giving the required papers to the person who must be notified.

In general, there are four ways to serve any person:

1. personal service
2. by mail
3. hand delivery
4. constructive service

For adoptions, personal service means delivering a copy of the adoption petition by a sheriff’s deputy or private process server to the parent. All petitions must be served by personal service. However, if the parent cannot be found, Florida law generally allows us to serve the parent whose rights are being terminated by constructive service. Constructive service means service by publication–a legal notice is posted in a court-approved publication (certain newspapers).

Can Same-Sex Couples Get a Stepparent Adoption?

With the legalization of gay marriage throughout Florida, stepparent adoption is now available for same-sex couples. As of January 2015, same-sex couples can now get married, so gay and lesbian couples can adopt the child of their same-sex spouse. Previously, gay and lesbian couples would have to go through a slightly different process called a “second parent adoption.”

Can Someone Challenge the Stepparent Adoption?

Yes, someone can challenge a stepparent adoption in Florida, but it is not easy. Florida law requires very specific procedures before an adoption can be finalized, and once the court approves the adoption, undoing it becomes extremely difficult. Most challenges happen before the adoption is finalized, not afterward.

In a stepparent adoption, the court usually needs the consent of the child’s other biological parent—unless that parent’s rights have already been terminated or there are grounds to terminate them (like abandonment, neglect, or unfitness). A biological parent who did not consent can challenge the adoption by arguing that their consent was required and improperly bypassed.

Once the adoption is finalized by court order, it becomes permanent. Florida courts almost never overturn a final adoption unless there was fraud, duress, or a serious procedural defect that affected the entire case. Even then, courts prioritize the best interests of the child, not just technical mistakes.

Generally, nobody can challenge the adoption after one year (but there are a few exceptions).

Free Stepparent Adoption Forms

Some people use free forms successfully to complete a stepparent adoption on their own. However, other times, families run into court procedure issues and have difficulty completing the process.

People looking to finish the stepparent adoption process themselves should review the forms and see if it’s a do-it-yourself project they can undertake without the help of an experienced attorney.

If your family situation is anything other than a basic stepparent adoption, then you may find it challenging to complete the adoption using the standard court forms.

Stepparent Adoption FAQs

How much does it cost to adopt a stepchild in Florida?

Most attorneys helping people with a stepparent adoption will charge a flat fee between $2,500 and $4,500. The flat fee is typically only for an uncontested case with consent from the existing legal parents.

Can you adopt a stepchild?

Yes, in Florida, any stepparent can adopt their stepchild as long as the absent parent consents or their rights are terminated. The stepchild must consent to the adoption if over the age of 12 unless their consent is waived.

How long does stepparent adoption take in Florida?

A stepparent adoption in Florida takes about two to three months. This timeline applies if all the parties are available and the absent parent consents to the adoption.

Do you have to adopt to be a stepparent?

For most situations, a person must adopt a stepchild to have any parental rights to that child. In other words, a person who marries another person with a child does not have any legal rights to that child simply because of the marriage. It is not your child until you complete a stepparent adoption.

Do stepparents have rights in Florida?

A stepparent does not have an independent right to adopt. Instead, the stepparent must have the consent of the biological parent whose rights are being terminated. However, the need for consent may be waived in some situations where that person cannot be found or has abandoned the child.

Regardless, the consent of the stepparent’s spouse is always required.

What is considered child abandonment in Florida?

Florida law defines abandonment as a situation in which the parent, while being able, makes little or no provision for the child’s support or makes little or no effort to communicate with the child. The situation must demonstrate an intent to reject parental responsibilities.

Furthermore, if the adoption judge determines that the efforts of such parent to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the judge may declare the child to be abandoned.

How long does a father have to be absent for it to be considered abandonment in Florida?

There is no statutory time limit on a father’s absence for the situation to be considered abandonment. The judge in the adoption case will look at all relevant facts and circumstances.

How can your husband adopt your child in Florida?

Your husband can adopt your child in Florida through a stepparent adoption. You and your husband will become equal legal parents over the child as a result of the stepparent adoption. The child’s birth certificate will then be changed to show both you and your husband as the parents.

Do grandparents have the right to notice about the stepparent adoption?

Usually, you do not have to tell grandparents about a stepparent adoption, but sometimes circumstances require notifying the grandparents. Generally, grandparents are notified only if the child has lived with a grandparent for at least six months within the last two years before the filing of the stepparent adoption petition.

Do you have to go to court for a stepparent adoption?

The answer depends on the judge. In Florida, all stepparent adoptions are court proceedings. All adoptions are assigned to a particular judge in the county where the case is filed. The judge may allow the final hearing of adoption to be held virtually, or the judge may require an in-person appearance. Most judges where we file adoptions currently hold the hearings virtually.

Can other people see adoption records?

The court file for a stepparent adoption in Florida is marked confidential by statute. In other words, a person cannot look up your case online or even verify that an adoption petition has been filed. In many cases, the adoption file is sealed and is unable to be accessed for any reason (unless later allowed by the Court).

Can you adopt your stepchild without the father’s consent in Florida?

Florida is one of the strictest states in the country in terms of the requirements for an unmarried biological father to maintain his parental rights. Unless the father is on the birth certificate or has been determined to be the father by court order, the unmarried biological father must take action to preserve his parental rights. Failing to take the required actions may mean that his consent is not required for a stepparent adoption in Florida.

Does stepparent adoption change the inheritance rights of the child?

Yes. Once finalized, the child is legally the stepparent’s heir and may inherit from them just like a biological child. The stepparents will can override this default inheritance.

Can a child object to a stepparent adoption?

If the child is 12 or older, their consent to the adoption is required. However, the court can waive this requirement if there is good cause.

What rights does a stepparent gain after adoption?

Following the finalization of a stepparent adoption, the stepparent gains all parental rights and responsibilities, such as decision-making authority, custody, and the duty to financially support the child.