Attorneys For Stepparent Adoptions
At the Law Office of Cheryl Bucker, P.A., in Pompano Beach, our Florida lawyers can help you formalize the loving relationship between you and your stepchild. They will provide you with the knowledge you need regarding the rights that you currently have and the factors that the courts look at to determine whether a stepparent adoption is appropriate.
With the assistance of experienced family law attorneys, the decision to adopt your stepchild will give you the legal right to make or participate in major decisions regarding your stepchild. If you are considering adopting a stepchild, you can count on our lawyers at the Law Office of Cheryl Bucker, P.A., to answer all your questions and ensure that the process runs smoothly for you and your family.
The Advantages Of Adopting Your Stepchild
It may seem as if going through the formal process of adopting your stepchild in Florida isn’t a legal necessity. The reality, though, can be quite different, in particular during times of duress, such as if the child develops an illness. Without formal adoption, stepparents technically have no right to make decisions regarding health care, insurance coverage or financial matters. In the event that the biological parent becomes incapacitated, the state may step in to make critical decisions.
Preparing For The Florida Stepparent Adoption Process
There are a few steps you must take as a stepparent to adopt a child. The first step is to make sure that you meet the criteria for stepparent adoption. This includes:
- Being married to the child’s biological parent
- If applicable, the other biological parent must consent to the adoption, or the petition must state the reason why the biological parent’s consent is not required.
Filing A Petition For Adoption
Next, you and your spouse file the joint petition for adoption by a stepparent with the court. After this, there will be a background check to see whether you have a history of child abuse.
Getting Parental Consent For The Adoption
Before you can adopt a child as a stepparent, you must get consent from the child’s other biological parent. If the biological parent doesn’t agree to the adoption, you must go through the court.
Under Florida law, consent can sometimes be waived. A judge can waive consent under the following circumstances:
- When a parent has abandoned a child
- When a parent has already had their rights terminated
- When a parent has been declared incompetent and the parent is not likely to get better
Therefore, the consent of the absent biological parent is not always required. We can help you to determine whether you need to obtain consent.
Birth Father’s Rights In A Stepparent Adoption
In Florida, a biological father’s rights in a stepparent adoption depend on whether he has legally established paternity. Florida law safeguards those rights, but only if the father has taken the necessary legal steps.
If the father was married to the mother at the time of the child’s birth, he is automatically recognized as the legal father. His consent is therefore required for the adoption unless his parental rights are legally terminated.
If the father has established paternity through a court order or a signed acknowledgment, he holds full legal rights. In such cases, his consent is required unless the court finds him unfit or terminates his rights.
If the father has not legally established paternity, his rights are limited or nonexistent under Florida law, and the stepparent adoption may proceed without his consent. In short, if a birth father has legal parental rights, those rights must be addressed—either through consent or legal termination—before a stepparent adoption can be finalized.
The Final Court Hearing
There will be a final court hearing for the judge to decide whether the adoption is in the best interests of the child. If the judge approves the adoption, your name will be added to the child’s birth certificate.
Frequently Asked Questions About Stepparent Adoption
Do you have questions or concerns about stepparent adoption? Pease see our commonly asked questions below.
Do both biological parents have to agree to the stepparent adoption?
Yes, they must both agree, unless the other biological parent is deceased, cannot be found after a thorough search or is proven to be an unfit parent.
Can a stepparent adopt a child if the other biological parent is absent or unknown?
Yes, the adoption may go forward, but you must do a complete search for the parent first.
What are your rights and responsibilities after adoption as a stepparent?
Once the adoption is final, the stepparent has full rights and responsibilities, just like a biological parent would have. As a stepparent in Florida, you will be able to make important decisions about the child’s upbringing and well-being.
You will also have to provide for the child’s financial needs, including child support, if you divorce your spouse.
Contact The Law Office of Cheryl Bucker, P.A.
If you are experiencing a family law problem, contact our firm to schedule a free consultation. You can call our office at 954-781-8230 between 9 a.m. and 5 p.m. during the week. We are located in Pompano Beach.