Adoption By New Husband

by L. from Jacksonville, Florida, Duval County

Adoption By New Husband:
My son is 5 months old and I havent had contact with the biological father since I was 6 moths pregnant. He stated that he wanted nothing to do with the child.

I gave my son my last name and the biological father is NOT on the birth certificate. I am married now and my husband wants to adopt my son.

Would I need to get the biological father's rights terminated? Or does he even have any rights to my son? Could we just go and put my husbands name on the birth certificate?

Answer to Florida Court Forms Adoption Question

Dear L,

Florida law allows a fairly simple procedure for Step-parent Adoption. Your son's biological father does not likely have any paternal rights because of his actions -- stating that he wanted nothing to do with your child; having no contact with the child; and leaving the picture when you were six months pregnant.

However, it is likely the best course is to attempt to locate him anyway. The Joint Petition for Step-Parent Adoption provides for termination of his parental rights within the form and is not a separate filing.

That form and other forms that must be filed with the Joint Petition for Step-Parent Adoption can be found on the Florida Supreme Court's website at www.flcourts.org. Have a look at our Stepparent Adoptions in Florida page for more information.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Our Self Help Guide, Florida Family Adoptions, includes updated information, new custom forms, and the processes & procedures you will need to adopt an extended family member in Florida, and much more.
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