Adoption & Termination of Parental Rights

by Amanda from Lehigh Acres, Florida, Lee County

My husband is giving his rights up, to one of the children he pays child support on.

Which we know he isn't his, but he was born in the marriage so he had to pay on him. His wife is married to the sons father now.

What forms do I need for the real father to adopt him? And what forms do I need for the child support to stop, and he isn't reasonable for his medical and his needs. Thank you, Amanda.

Answer to Florida Adoption Question

Dear Amanda,

The forms that you are looking for can be found on the Supreme Court's website, The process is a step-parent adoption.

The forms you most likely need are:

• Joint Petition for Adoption by Stepparent, Form 12.981(b)1);

• Consent and Waiver by Parent, Form 12.981(a)(1);

•Indian Child Welfare Act Affidavit (12.981(a)(5).

The instructions for the Joint Petition for Adoption by Stepparent state in part:

This form should be used when a stepparent is adopting his or her spouse’s child. Both the stepparent and his or her spouse must sign this petition.

You must attach all necessary consents or acknowledgments that apply to your case, as listed under the Special Notes section below. Florida Statutes require that consent to adoption be obtained from:

  • the mother of the minor.

  • the father of the minor if:

    1. the minor was conceived or born while the father was married to the mother;

    2. the minor is his child by adoption;

    3. the minor has been established by a court proceeding to be his child;

    4. he has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or

    5. in the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of section 63.062(2).

There may be additional forms on that website that may be required, depending on your circumstances.

The Joint Petition for Adoption by Step-parent is initiated by your husband's ex, (the child's mother) and her new husband.

The Consent and Waiver by Parent voluntarily terminates your husband's parental rights to the child that is being adopted.

Child support should end automatically, but I suggest that you send a copy of the order for adoption to the Department of Revenue as soon as possible after the order is signed by the judge. Back child support will likely not be affected.

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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Comments for Adoption & Termination of Parental Rights

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Teminating A Mother's Rights
by: Anonymous from St. Lucie County

I currently have Guardianship of my 2 nephews. They have not had any contact whatsoever with their biological mom. I wanted to know that if I could apply to have her rights terminated since she has not seem them and I would like to adopt them. The biological dad is still involved in their lives but would consent to the adoption. My husband and myself would continue to be their "parents". I live in St Lucie County Florida.

--Yes, the adoption by extended family member procedure allows for the termination of parental rights with or without consents of the biological parents. See our Consent to Adoption page for more information. --Staff

Birth Dad Rights in Adoption
by: Theresa from Tallahassee

If birth mom ready to give baby to adoptive family but birth dad's family is against it, what rights does dad have?

--My understanding is that the consents to adoption must be received from both biological parents with some exceptions. If the biological father does not give his consent, then only the court can decide of the adoption can be granted without his consent. See the following related FAQ pages for more information...

Consent to Adoption From Absent Father

Adopting My Grandson Without Parents Consent


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