FAQ In Stepparents And Family Adoptions

At The Marin Law Firm, P.A., we understand how important it is to legally make your family whole. We are here to help ensure you get all of the help you need to make your dream a reality.

Here are the answers to some commonly asked questions about stepparent adoption.

Answers To Frequently Asked Questions

1. Who is the petitioner?

The stepparent is the petitioner. Petitioner means the one who is asking the court for legal action. If you are the stepparent who wants to adopt YOU are asking so you are the petitioner.

2. Does Florida allow same-sex couples stepparent adoption?

Yes. A same "spouse" of the child's mother or father can initiate and complete a stepparent adoption.

3. Who is not able to initiate a stepparent adoption?

While most stepparents can successfully adopt a stepchild, there are some limiting factors. For example, a person with a severe physical disability or handicap who is bedridden and who requires constant care and supervision will have a very difficult time convincing a judge that he or she can be an effective parent.

4. What happens after I initiate the stepparent adoption?

If you have been legally allowed to adopt your stepchild, you will file a petition with the circuit court for the county where you live.

5. What information is needed for a petition?

While no one is required to have an attorney assist with a stepparent adoption, working with a family law attorney who is experienced in stepparent adoption can make the process much smoother. An attorney will typically compile the necessary documents which will include:

  • The stepchild's birthplace and date of birth.
  • The new last name for the stepchild if it will be changed.
  • How long the stepchild has been in the custody of the stepparent.
  • The stepparent name, age and address and length of time at that address.
  • A statement that acknowledges that the stepparent is physically able to care for the stepchild.
  • Proof that the biological or legal parental rights were terminated.
  • A statement that explains why the stepparent wishes to adopt the stepchild.

6. Is it ever not necessary to get the biological or legal parent's consent for the stepparent adoption?

Yes. There are cases where it is impossible or not required. For example, if the parent has deserted a child this may be a case where no consent is needed. If the parent's rights were terminated previously it also may not be necessary to get consent. If the parent is found to be incompetent mentally or physically (for example, in a coma) consent may not be required.

Get The Stepparent Adoption Help You Need Today

Let us help you make the joys of adopting your stepchild a reality. Call The Marin Law Firm, P.A., at 407-680-1867, or email us using this online form. We offer viable options and affordable fees for stepparent adoptions throughout the entire Orlando area.