Step-Parent Adoption in Florida
Step-parent adoption allows a person to obtain full parental rights over their step-child. Step-parent adoption is best suited in a situation where the step-parent is already acting as the parent of the child being adopted and wishes to legalize the parental relationship already in place. The stepparent adoption just makes it official and legally valid and solidifies the relationship between the child and the adopting parent.
A step-parent adoption is available when one biological parent of the child and their spouse (the step-parent) want the step-parent to adopt the child, and the other biological parent of the child consents to the adoption. The adopting step-parent initiates the proceeding by filing a joint Petition, along with their spouse (the biological mother or father of the child). The adoption terminates the parental rights of the other biological parent.
The requirements for a Stepparent to adopt a Stepchild in Florida are:
The stepparent and the stepparent's spouse first file a Joint Petition for Adoption.
The other biological parent must either consent to the petition, or the petition must state the reason why the biological parent's consent is not required.
The stepparent must be able to financially and morally support the stepchild.
After filing the Petition the court will conduct a final hearing and enter a final judgment
An amended birth certificate can be obtained for the child, listing the new mother and father.
After entry of the final adoption judgment the birth certificate is amended to reflect that the stepparent and natural parent are the parents of the child. The result is as though the child was born to the natural parent and the stepparent. The birth certificate is amended to show the names of the natural parent and stepparent.
Benefits of Step-Parent Adoption include:
Stability for the child.
Estate planning purposes- once the step-parent adoption is completed the child can inherit from the step-parent's estate.
So that family members can legally share the same last name
legal protection for the child
to build an emotional bond between stepparent and child.
At Cody Law, Step-Parent adoptions are one of our favorite and most fulfilling areas of practice. Contact our office to discuss with us further and see if a step-parent adoption may be available to you and your spouse.