Step Parent Adoption Laws in Florida

A step-parent is the spouse of a child’s mother or father who is not the biological parent of the child. In a step-parent adoption, a step-parent seeks to gain the full legal status of a parent to their spouse’s child.

A step-parent adoption in Florida allows a step-parent to gain rights that are equal to those of their spouse who is the biological parent of the child. The process of step-parent adoption terminates the parent rights of the other biological parent, the one to whom the step-parent is not married. A lawyer consultation would help a person understand the process and when it is used.

For this reason, the biological parent must have passed away, abandoned the child or consented to the adoption. If none of these is the case, then the rights of the other biological parent would have to be terminated for valid legal reasons before a step-parent adoption could take place. Their rights might be terminated due to abandonment or for other reasons recognized in the law of Florida.

A court is going to apply the child’s best interest standard to assure that the adoption serves the best interests of the child.

In addition, for step-parent adoption, the following requirements must be met:

• Support: The step-parent must be able to provide both financial and moral support for the child.
• Joint Petition: Both the step-parent and their spouse, the child’s biological parent, must join in filing the petition for the adoption. They must both sign it and have their signatures notarized.
• Contents of the Petition: The petition must include the following information:
  • The child’s date and place of birth
  • The new name that the child is going to have, if a request for a name change is included in the petition
  • Statement of the length of time the step-parent has lived with the child
  • The reasons for the adoption.
• Consent of the Biological Parent: Again, if applicable, the biological parent must consent to the adoption. If they do not consent, the petition must explain the legal reasons, such as abandonment or the petitioners’ inability to locate the other biological parent, that would justify terminating the biological parent’s rights.

The step-parent who seeks adoption is not required by Florida law to have lived in the state before filing their petition. A step-parent may adopt their stepchild in Florida as long as the step-parent lives in Florida at the time they file their petition.

However, a biological parent and the step-parent who wants to adopt the biological parent’s child must be married. If they are not, they are not legally allowed to complete a step-parent adoption in Florida.

The process involves submitting a petition and documents supporting it to the circuit court in the county where they live. The court holds a hearing at which it reviews the petition and documents and, if satisfied that everything is in order and all requirements have been met, issues a final judgement of step-parent adoption. Once the adoption becomes final, the child’s birth certificate is amended to include the step-parent’s name next to that of the natural parent.

What if One Biological Parent Refuses to Consent to the Adoption?

Filing the petition starts the process of step-parent adoption. After the petition is filed, an absent biological parent has the opportunity to oppose the adoption.

However, if the absent parent does not contest the adoption or if they have consented to it, then the court finalizes the adoption and issues a new birth certificate for the child showing its new name and its legal parents.

The rights of the absent parent do not need to be terminated prior to the adoption. If the court believes it is justified, the court may terminate the absent parent’s parental rights through the final judgment of step-parent adoption.

Unless supported by one or more of the grounds specified by step-parent adoption laws in Florida, a petition to terminate a biological parental rights in order for a step-parent adoption to be completed may be granted only if written consent has been obtained from the biological parent after the birth of the minor.

Failing consent of the biological parent, giving notice to any of the following individuals may be required under Florida law as appropriate given the case:

• The biological mother of the minor child
• The biological father of the minor, if:
  • The minor was conceived or born while the father was married to the mother
  • The minor is his child by adoption
  • The minor has been adjudicated by the court to be his child before the date a petition for termination of parental rights is filed
  • He has filed an affidavit of paternity
  • He is identified on the child’s birth certificate before the date a petition for termination of parental rights is filed
  • In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required period of time and has complied with other requirements of the law.

This notice would give the biological parent the opportunity to appear and contest the adoption.

If a step-parent wishes to complete a step-parent adoption and the biological parent has not consented to the adoption for whatever reason, the step-parent and biological parent who wish to complete the adoption would be well advised to consult a Florida lawyer for guidance. That is because the process could become complicated, and it may be challenging to comply with various technical, legal requirements.

What Rights Do Stepparents Have?

After a step-parent adoption, the step-parent is legally recognized as the child’s parent. They have all of the same rights and responsibilities as a biological parent who has not lost their parental rights. The adoption certainly strengthens the legal relationship between the step-parent and the child. It may also improve the emotional bond between the step-parent and the child, improving the stability of the family involved.

How Much Does It Cost To Adopt My Stepchild?

The cost of a stepchild adoption in Florida varies depending on the circumstances. Most attorneys charge a flat fee, which would range from $1,500 to $4,000 for cases in which the biological parent of the child to be adopted consents to the step-parent adoption.

If the biological parent were to contest the step-parent adoption, then the cost might be higher.

How Long Does a Step Parent Adoption Take?

If it is not contested, a step-parent adoption in Florida can be achieved in as little as 3 months. In Florida, a homestudy, a study performed to ensure a potential parent can provide a child with a safe and secure home, is not required for step-parent adoption. This speeds up the process.

What Are Some Other Considerations in a Stepparent Adoption?

The child must consent to a step-parent adoption if the child is over 12 years old. Of course, a step-parent may adopt more than one child if their spouse has more than one child. A step-parent may also adopt an adult child.

Do I Need an Attorney for Help With Step-Parent Adoption?​​

If you want to adopt your step-child, you should consult a Florida adoption attorney. Your attorney can review the facts of your situation and advise you of what you have to do to make the adoption meet with court approval. LegalMatch.com can connect you to an experienced attorney who is familiar with all the technicalities and can help get you the best result the first time you go to court.