Stepfather Adoption Not Married

by Anonymous Mom from Florida

Stepfather Adoption Not Married: I have a ten year old son from a previous relationship. His father and I were never married. His father never attempted to contact him since he was two years old. He is not involved in his son's life at all and does not pay any child support.



I also have knowledge that he has been arrested several times including a felony for grand theft. Since my son was three years old I have been with my fiancé with whom I have three other children with.

My fiancé would like to legally adopt my son so that when we marry we will both have custody of all the kids. How can we go about this process? I am sure that I can contact my son’s biological father and get him to sign him over to us, I just need to know the process. Thank you.

Answer to Florida Adoption Question

Dear Anonymous Mom,

The stepparent adoption procedure would not work in this case because you two are not married.

If you look at the Joint Petition for Adoption by Stepparent, Form 12.981(b)(1), you'll notice that on line 5 they are asking for the date of your marriage.

The other adoption procedure that I know is for your common law husband to petition for a regular adoption.

In this case, you will be consenting to terminate your parental rights as well as the biological father. I don't think this is what you want.

My suggestion is to ask a Florida family law attorney to see if what you want is at all possible. Otherwise, you could get married with your fiance first, and then file a Joint Petition for Stepparent Adoption.

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