How to Relinquish a Step-Parent Adoption in Florida

In pursuing termination of parental rights in Florida you will find there are two distinct options available: voluntary relinquishment of rights (also known as a voluntary termination), and involuntary termination of rights. The length of time it takes to process your rights depends on the option you fall under. The court will consider the best interest of the child in its process to resolve the situation. Relinquishment of parental responsibility regarding adopted children can depend on varying factors.

Things You'll Need

• Voluntary Surrender petition forms
• Computer
• Printer
• Filing fees and court costs

Instructions

1. Consider your personal situation and your reasons for relinquishing your parental rights. You can seek a termination of parental rights as a stepparent in much the same way a biological parent would because you have stepped into that role through completing the adoption.

2. Obtain the appropriate voluntary surrender forms and write a letter outlining your reasons for the hearing officer to review. Sign the surrender with two witnesses and a notary present and enter it with the clerk of courts.

3. File the petition for termination of parental rights to formally request parental rights be terminated by the court.

4. Set an advisory hearing date to review the petition. A guardian ad litem will likely be appointed to represent the child's best interests during the proceedings. The hearing should be set within 21 days of filing the petition barring any continuances or delays for reasonable cause shown.

5. Attend the advisory hearing. Generally an advisory hearing is not required for voluntary terminations; however, because the case will involve relinquishing the rights of an adoptive parent, one may be necessary to ensure all parties are aware of their rights and for you to establish grounds under Florida Statute 39.811 for terminating your rights.

6. Attend the adjudicatory hearing. A determination of your petition for termination should be made at this time. This hearing should be held no more than 45 days from the advisory hearing.

Tips & Warnings

• Stepparent rights when linked to a biological parental rights termination will generally take effect immediately upon execution of the petition, thus there is no waiting period allowing for a withdrawal of consent to adopt or showing cause for overturning prior consent due to duress or undue influence.

• Filing fees and form requirements change often so be sure to verify that the forms and fee information you collect are current.

References

• Florida Senate. The 2010 Florida Statutes. §39.806
• Florida Senate. The 2010 Florida Statutes. §63.2325