What Are the Steps in a Florida Stepparent Adoption?
A stepparent adoption is a blessing for the entire family. When a stepparent adopts their stepchild, they have the full legal rights and responsibilities to the child just as biological parents. There are many steps involved in the stepparent adoption process, and it is important to have legal help when going through them. Below, our Tampa stepparent adoption attorney explains the steps involved.
Obtain the Required Consent
The first step in any stepparent adoption is to obtain any required consent. Non-custodial parents must provide consent and volunteer to give up their parental rights. If the non-custodial parent does not provide consent, an attorney can help you overcome this obstacle. Under state law, it is sometimes possible to waive the consent requirement. These include when:
- The biological parent has abandoned the child,
- The rights of the biological parent have already been terminated, and
- The biological parent has been deemed incompetent and is unlikely to get better.
Typically, if the child is 12 years or older, they must also consent to the stepparent adoption.
File the Petition
By filing the Petition for Stepparent Adoption, you are formally asking the court to approve the adoption and provide the stepparent with parental rights. The petitioner is the stepparent who is pursuing parental rights. Other documents may have to be filed along with the petition.
Scheduling the Final Hearing
After filing the petition, a judge will be assigned to your case. Your lawyer will check the availability of the judge and schedule a time for the final hearing. Your lawyer will then send a Notice of Hearing informing you of the date and time of the hearing.
Attending the Final Hearing
Stepparent adoption hearings are formal proceedings, but they are generally very friendly. Final stepparent adoptions typically last between five and ten minutes and they are often even conducted virtually. The judge will ask you some questions and confirm that all procedures are properly followed. After the hearing is over, the stepparent adoption is finalized and full legal rights to the child are given to the stepparent.
Amending the Birth Certificate
Once a stepparent adoption has been finalized, it is important to change the child’s birth certificate to reflect the names of the new father or mother. Any old versions of the birth certificate are sealed. Your lawyer can complete this step for you to ensure no mistakes are made and that the proper names are listed on the new birth certificate.
Our Stepparent Adoption Attorney in Tampa Can Help You Through the Process
The above steps may make it seem as though the stepparent adoption process is relatively easy. While these cases are easier than other types of adoptions, there are often complications that arise and they are challenging to overcome. At All Family Law Group, P.A., our Tampa stepparent adoption attorney can guide you through the necessary steps and make sure no mistakes are made so you obtain the best outcome possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0063/0063.html
