Florida Grandparent Adoption

How to Adopt Your Grandchild in Florida

Florida Grandparent Adoption: Grandparent Adoption (or Family Adoption) in Florida. All about the law and forms needed to adopt a grandchild in Florida with parent's consent.

Florida Supreme Court approved forms to petition the court for stepparent adoption Form 12.981(b)(1) Joint Petition for Adoption by Stepparent are readily available.

However, there are no Supreme Court approved forms for Florida grandparent adoption or family adoption.

According to Florida Statutes, Chapter 63, a family adoption such as adoption by grandparents or adoption by a close blood relative(s) is treated much the same way as a stepparent adoption.

In a scenario where all parties are in agreement -- the adoptive parents, the minor child if over age 12, and the biological parents -- the process, although not simple, is possible for Pro Se petitioners.

Grandparent Adoption in Florida

Florida Grandparent Adoption & Termination of Rights

In the initial petition the adoptive parents request the court to grant them the adoption of the minor child.

Within that initial petition for adoption, as in the Joint Petition for Adoption by Stepparent, Form 12.981(b)(1) there must be language that terminates the rights of the biological parents.

The language in the Joint Petition for Adoption by Stepparent, Form 12.981(b)(1) that terminates the biological parent’s rights is at the end of that form:

WHEREFORE, I request that this Court terminate the parental rights of ___________________________, {name of parent whose rights are sought to be terminated}, enter a Final Judgment of Adoption of the Minor Child(ren) by Petitioner Stepparent and, as requested, change the name of the adoptee(s).

Florida Grandparent Adoption - Consents to Adoption

All necessary consents to the adoption must be filed along with the original petition.

The biological parents, who have consented to the adoption and are now terminating their parental rights, must provide to the courts sworn evidence attesting to their consent which is filed along with the petition for adoption.

The Supreme Court approved form for consent to a stepparent adoption is Form 12.981(a)(1) Stepparent Adoption Consent and Waiver by Parent.

There are no Florida Supreme Court approved forms for Florida grandparent adoptions or family adoptions that we have been able to locate.

Instructions on Form 12.981(a)(1) state:

This form is to be completed and signed by the parent who is giving up all rights to, custody of, and time sharing with the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular.

And, that consent may be withdrawn within one year, as stated on the Stepparent Adoption Consent and Waiver by Parent, Item 6:

I understand that pursuant to Chapter 63, Florida Statutes, ‘an action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment terminating parental rights on any ground may not be filed more than 1 year after entry of the judgment terminating parental rights.’

Florida Grandparent Adoption - Supporting Forms

There are other supporting documents that must be filed along with the petition for adoption including:

• the UCCJEA Affidavit, Form 12.902(d);
• the Indian Child Welfare Act Affidavit, Form 12.981(a)(5); and
• the Consent of Adoptee, Form 12.981(a)(2) if the child is over the age of 12.

Have a look at our Family Adoptions in Florida page for a comprehensive guide on adoptions by extended family members.

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Florida Adoption Self Help Guides

Grandparent, Stepparent & Family Adoptions in Florida

The Self Help Guides' Florida Family Adoptions includes updated information, new custom forms, and the processes & procedures you will need to adopt an extended family member in Florida. Suitable for Grandparents, Stepparents, Aunts & Uncles, and Cousins who would like to adopt a child or children related by blood.

This self help guide includes interactive forms, sample adoption petitions, and instructions on how to successfully complete a Family Adoption in Florida.

Read more...

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