FAQs About Stepparent Adoption in Florida
Family units are about more than just legal bonds. They are about love, support, security, and commitment. Today, stepparent adoptions are a wonderful example of this and bring many blessings for the entire family. If you are thinking about adopting your stepchild, you likely have many questions. Below, our Tampa stepparent adoption attorney provides the answers to those we most frequently hear.
What is Stepparent Adoption?
A stepparent adoption occurs when a petition is filed in court for a stepparent to obtain the same legal and parental rights that biological parents have. In order to adopt a stepchild, the stepparent must be legally married to one of the biological parents. When adopting a stepchild, both the stepparent and biological parent must file a petition with the court and both parties are involved in proceedings.
Does the Biological Parent Have to Agree to the Adoption?
In most cases, biological parents must agree to the adoption. Biological or legal parents must also agree to terminate their parental rights. There are times when a biological parent does not have to agree to the adoption and their rights can still be terminated. These instances include the following:
- The legal parent has failed to establish or maintain a positive or significant relationship with the child
- The legal parent has engaged in conduct toward the child that threatens their safety, life, or mental health
- The legal parent is incarcerated, in circumstances when certain factors can be established
- The child has been adjudicated as dependent, in certain situations
- If the parent fails to prevent egregious conduct threatening the child’s safety, mental health, or life
What if the Father is Not Listed on the Birth Certificate?
If the child’s birth certificate does not name a father and no one else is the legal parent of the child, an Affidavit of Nonpaternity must be signed to proceed with the adoption. Being listed on the birth certificate is not the only way to establish legal parenthood. These include if the mother was married at the time of the birth or if there was a signed acknowledgment of paternity. In these cases, the legal parent must be notified of the stepparent adoption and consent to it.
Is the Child’s Consent Required?
The consent of the child being adopted is required when they are 12 years of age or older. There is an additional form the child must sign and it must be submitted with the petition.
Our Stepparent Adoption Attorney in Tampa Can Answer Your Questions
The process of adopting a stepchild can be complex, particularly if one of the legal parents does not agree to it. You will also likely have many questions along the way. At All Family Law Group, P.A., our Tampa stepparent adoption attorney can answer them and help make the process as easy and smooth as possible for you. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation with our experienced attorney and to learn more about how we can help your family. Se Habla Espanol.
Source:
flsenate.gov/Laws/Statutes/2021/0039.806
