Restrictions on Stepparent Adoption in Florida

Stepparents are legally allowed to adopt children from a previous marriage in Florida. There are several reasons why you may want to do this. You may want to formalize your parental rights over the children or ensure that your relationship with them is legally binding under Florida law. Parents have specific rights over their children which are not available to stepparents unless they adopt the child. In this article, the Tampa, FL stepparent adoption attorneys at Westchase Law, P.A. 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 can 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 willing to adopt. Today, it is possible for LGBTQ+ couples to legally adopt stepchildren. Prior to the decision that legalized gay marriage in the U.S., gay couples could not be spouses and thus, could not adopt their stepchildren.

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

However, a stepparent must prove that they either have the consent of both parents or that the parents’ consent is no longer necessary. When it comes to stepparent adoptions, one parent is always willing to give their consent to adopt the child. Generally, the parent who is not party to the marriage must also give their consent. This means giving up parental rights to the child. The parent must agree to give up their parental rights to the child in writing.

If the other parent refuses to give their consent, the couple must prove that their consent is not required. This can happen in a few different instances. These include:

• When the parent has deserted the child
• The parent’s rights were terminated in another proceeding such as when the parent has 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

In cases where parental rights have already been revoked, the stepparent does not require consent to adopt the child.

In the event that 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
• A court established the father’s paternity
• The father filed an affidavit of paternity
• The father acknowledged that the child was his under Florida law

Talk to a Tampa, FL Stepparent Adoption Attorney Today 

Westchase Law, P.A. can help stepparents adopt children from a previous marriage. We will walk you through the process and ensure that proper documentation is filed with the court. Call our Tampa family lawyers today to learn more.