Florida Adult Adoption Consents Required

by Betty
(Lakeland, Florida, Polk County)

My husband wishes to adopt my 41 year old daughter. She has signed consent, he has signed the petition, her husband has signed consent. Her birth father passed in July of this year (2009) after having no contact since she was 3 years old.

FS 63.062 states that written permission is to be signed by birth parents . Does this mean that me as the birth mother needs to also sign consent? And if so what is the form number needed?

Any other information is greatly appreciated as we are not in the financial position to hire an attorney for this procedure.

Answer to Florida Adoption Question

Dear Betty,

Thanks for the great question regarding Florida Stepparent Adoption. First of all, you are so close already to having your documents in order.

You mentioned that your husband has signed the Petition for Adoption of Adult by Stepparent. Hopefully you had his signature witnessed by a Florida Notary or your courthouse's deputy clerk.

If not, just download a new form with the link above and have him sign at the courthouse or use the service of a Notary Public. You may want to check your bank, most of them provide a notary service for free or at a low cost to account holders.

You also mentioned that your daughter, Stepparent Adoption: Consent of Adoptee, and her husband, Stepparent Adoption: Consent of Adult Adoptee's Spouse, have signed their respective consent to adoption.

Now to answer your question. No, you do not need to provide consent but instead, you should have a copy of the Stepparent Adoption form hand delivered to you (your husband will mention this on the form in line 7) and a Notice of Hearing hand delivered to you when this is filed.

Consent of the birth parent is not required, but written notice of the final hearing on the adoption must be provided to the parents, if any, or proof of service of process must be filed showing notice has been served on the parents.

In your case, you must obtain a certified copy of the birth father's death certificate. Your daughter should be able to get this from the Florida Department of Health, and attach this to the Final Judgment of Stepparent Adoption form.

Check with your courthouse self-help center window first to make sure your forms are in order, then file them with the court clerk.

We are not lawyers and do not give legal advice.
Read our Full Disclosure

If you have any concerns and need legal advice, you should speak to an attorney in your area. You should only accept legal advice from an attorney.

If you do not have a lawyer, we recommend you use this free Lawyer Referral Service by LegalMatch or call toll free 877-517-7329. Many lawyers offer free initial consultations.

Also, have a look at our Florida legal resources page for more information about free and low cost legal services in Florida.

Recommended Professional Services
These are quality services from organizations we trust.

Free Lawyer Referral Service in Florida
Find the right lawyer for you. Get matched with a pre-screened local lawyer! With LegalMatch, the process is easy and confidential.

Search Thousands of Legal Forms by USLegalForms
Hard to find forms written by legal experts. US Legal is a trusted source for all your legal document needs. Visit U.S. Legal Forms.

Personal & Business Legal Forms by FormsGateway.com ™
FormsGateway.com ™ is the leading online provider of business and personal legal forms and contracts with a comprehensive database of legal forms of over 10,000 documents. Protect your rights today with FormsGateway's professional and trusted legal forms.

Comprehensive Public Records Search
Search Nationwide Public Records by maiden/spouse name, age, DOB or SSN for unlisted numbers, addresses, roommates and family members.

Affordable Legal Document Preparation Services

Florida Court Forms' Petition Preparer Service
Have all your documents court-ready at an affordable price.

Our Petition Preparer Service can have all your documents professionally prepared after a brief telephone interview with our Florida Legal Document Specialists.

Your documents will be in your hands and ready to file at the courthouse in 7 days or less! We guarantee our work.

Florida Court Forms is a proud member in good standing of the Florida Association of Legal Document Preparers. Member FALDP
Call us Toll Free: (888) 259-8048

For more information see Florida Court Forms' Petition Preparer Service

Contact us. Do you have a question or need assistance with a legal situation. We may be able to help. Contact Florida Court Forms and tell us about it.

Back to Top
Back to Florida Adoption Forms from Florida Adult Adoption Consents Required
Back to Florida Court Forms from Florida Adult Adoption Consents Required

The Petition Preparer Service - Call Now: 888-259-8048