Constructive Service For Adoptions

by Steve from Gainesville, Florida, Alachua County

Constructive Service For Adoptions: What form do I use to publish in the newspaper for constructive service. This is for an adult step-parent adoption.

Answer to Florida Adoption Question

Dear Steve,

The clerk of court generally assists people in publishing for constructive service.

Generally before using constructive service you must conduct a diligent search for the missing party.

The forms on the Florida Supreme Court's website, www.flcourts.org , are not specifically designed to locate a missing parent, but include the vital information.

The Affidavit of Diligent Search, Form 12.913(c) includes a list of places to search for a missing person. Instructions for that form state in part:

This form is to be used with Notice of Action, Florida Supreme Court Approved Family Law Form 12.913(a), to obtain constructive service (also called service by publication) on the legal father in any action or proceeding to determine paternity which may result in termination of the legal father’s parental rights.

You must disclose the last known address of the legal father. A last known address cannot be unknown. This form includes a checklist of places you must look for information on the location of the legal father.

You have to look in all of these places, and the court must believe that you have made a very serious effort to get information about the person’s location and that you have followed up on any information you received.

Once you have completed the search and have not found the missing parent you then file the Notice of Action to initiate constructive service. In most circuits the clerks of courts will assist you in preparing the correct language and placing the advertisement in the correct periodical.

The form for adoption which you have likely already discovered is Form 12.981(c)(1). Instructions for that form state in part:

This form should be used when a stepparent is adopting his or her spouse’s adult child. You must obtain the written consent of the adult child to be adopted, as well as the written consent of his or her spouse (if married).

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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