Stepparent Adoption In The State Of Florida

A stepparent is legally allowed to adopt a child from a previous marriage in Florida. There are several reasons why a parent would be interested in doing this. The parent may want to formalize their parental rights over the children to ensure that their relationship with them is legally binding. Parents have specific rights over their children which are not available to stepparents unless the stepparent adopts the child. In this article, the Orlando, FL stepparent adoption attorneys at Greater Orlando Family Law will discuss stepparent adoption under Florida law, and potential restrictions a stepparent might face when adopting a child.

Eligibility to adopt a stepchild in Florida 

Before you’re allowed to adopt a child in Florida, the courts must determine that you are eligible. For stepparents, this means being married to the spouse whose child you are considering adopting. Today, it is possible for LGBTQ+ couples to legally adopt their stepchildren. Prior to the Supreme Court decision that legalized gay marriage in the United States, gay couples could not be spouses and thus, could not adopt their stepchildren.

Today, the Florida courts allow most people to adopt their stepchildren in Florida. As long as you don’t have a physical disability or handicap that prevents you from serving as an effective parent, the courts will not block the adoption.

On the other hand, a stepparent must prove that they either have the consent of both parents or that the parent’s consent is no longer necessary. When it comes to stepparent adoptions, one parent is almost always willing to give their consent to adopt a child. Generally, the parent who is not party to the marriage must also give their consent. This would mean that parents would give up their parental rights to the child. The parent would have to do this in writing.

If that parent refuses to give their consent, the couple must prove that their consent is no longer necessary. This can happen in a few different ways:

• If the parent has deserted the child
• If the parent’s rights were terminated in another proceeding, such as when the parent is engaged in behaviors that endanger the child’s life or safety
• If the parent has been declared incompetent and there is little chance that the parent will ever become competent, the courts can revoke their parental rights

If the parent’s parental rights have already been revoked, the stepparent does not require their consent to adopt the child.

If the parents were unmarried when the child was born, the stepparent only requires the father’s consent when:

• The father had previously adopted the child
• The father filed an affidavit of paternity
• The father acknowledged that the child was his
• A court established the father’s paternity

Talk to an Orlando FL stepparent adoption attorney today 

Greater Orlando Family Law represents the interests of step parents who are considering adopting their stepchild. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps immediately.