Requirements in Florida for a Joint Petition for a Stepparent Adoption
A stepparent adoption is a special type of adoption authorized by Florida Statute § 63.042(2)(c). In Florida, only married couples are entitled to pursue a stepparent adoption. The statute requires that one of the married spouses be the biological or adoptive parent of the child, and that either consent is obtained from the other parent or that good cause can be shown to terminate the other parent's rights. Though the procedure can be done yourself, an attorney is recommended.
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Petition
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A petition for stepparent adoption must be filed with your county's family court. The form for this petition can be obtained from the courthouse itself and is also available online (see link in resources). The petition must be signed by both the petitioning stepparent and his spouse (who must be either the biological or adoptive parent of the child). It must also be notarized. Submit the petition with the appropriate fee (which is, as of October 2009, $300); a copy of the child's birth certificate; and proof that the child's other biological or adoptive parent has either relinquished or had terminated his parental rights.
Consent
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If a parent voluntarily chooses to relinquish her parental rights, a Consent and Waiver by Parent form must accompany your adoption petition (see resources). This document outlines the rights and responsibilities for a relinquishing parent and must be witnessed and notarized to be valid. If the parent has already terminated her parental rights, other evidence providing this information may be substituted. In the event of an unmarried biological father, Florida requires that the father register on the putative spouse registry. Failure to register will make stepparent adoption much easier, even if consent cannot be obtained.
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Termination
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If the second biological or adoptive parent is not willing to relinquish his parental rights, you may also petition the court to have these rights terminated. While a 30-day waiting period is usually necessary between parental termination and re-adoption, this period is waived for stepparent adoptions. A termination proceeding may also run concurrently with adoption proceedings. You must indicate your desire to terminate the parental rights of your child's biological parent on the stepparent adoption petition.
Gay/Lesbian Stepparents
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Florida Statute § 63.042(2)(c) requires that a stepparent adoption be pursued by a married couple. Because same-sex marriages are not currently legal in Florida, it is not possible for a gay or lesbian couple to pursue a stepparent adoption of a child from a previous relationship. Additionally, Florida Statute § 63.042(3) provides that no "homosexual person" is permitted to adopt in the state.
Out of State
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If you and the biological parent of your child reside in different states, you could be required to initiate the termination of her parental rights in the state in which she lives. Review the laws of the jurisdiction in which your child was born, your marriage was initiated or terminated, or the child's parent lives to verify the procedure necessary. Florida will recognize a termination of parental rights granted in another state. Additionally, if you and your spouse move into Florida after a stepparent adoption is performed, Florida will recognize this out-of-state adoption. This is also true for same-sex parents.
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