Stepparent Adoption Florida

Petition for Adoption of Adult by Stepparent

Stepparent Adoption Florida Adult: Adoption forms for the adoption of an adult by a Stepparent in Florida. Free forms downloads, instructions, and resources for Stepparent Adoption in Florida.

The following are the instructions for Florida Supreme Court Approved Family Law Form 12.981(c)(1).

These stepparent adoption Florida forms 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).

This stepparent adoption Florida form should be typed or printed in black ink. The name to be given to the adoptee after the adoption should be used in the heading of the petition.

Adoption of Adult By Stepparent

The stepparent is the petitioner, because he or she is the one who is asking the court for legal action.

You must have your signature witnessed by a notary public or deputy clerk.

After completing this stepparent adoption Florida form, you should file the original with the clerk of the circuit court in the county where either you or the adoptee live and keep a copy for your records.

For your case to proceed, you must have the written consent of the adoptee, and his or her spouse if married.

Consent of the birth parent is not required, but written notice of the final hearing on the stepparent adoption Florida form 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.

If you know where they live, you must use personal service. If you absolutely do not know where they live, you may use constructive service.

What is Service?

Service means giving a copy of the required papers to the other party using the procedure that the law requires.

There are 4 ways to make service:

  • personal service
  • service by mail
  • hand delivery
  • constructive service

Personal service means when a summons and a copy of a petition (or other pleading) that has been filed with the court are delivered by a deputy sheriff or private process server to the other party. Personal service is required for all petitions and supplemental petitions..

When personal service is required, you cannot serve these papers on the other party yourself or by mail or hand delivery. Personal service must be performed by someone who can legally do so by law, usually the county sheriff or by a licensed process server.

Constructive service means service by publication. Service by publication is posting a legal notice on a court approved publication, usually a local newspaper. If the party that needs to be served cannot be located and service is required, constructive service can be used.

For more information about personal and constructive service, you should refer to the General Information for Self-Represented Litigants found at the beginning of these forms and the instructions to Florida Family Law Rules of Procedure Form 12.910(a) and Form 12.913(b) and Form 12.913(a).

However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.

Setting A Hearing

When you have filed all of the required stepparent adoption Florida forms and met the requirements for consent as outlined above, you are ready to set a hearing on your petition.

You should check with the clerk of court, family law intake staff, or judicial assistant to set a final hearing, and notify the other parties using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

More Information

Before proceeding, you should read General Information for Self-Represented Litigants for more information on stepparent adoption Florida forms.

See Chapter 63, Florida Statutes, and Florida Family Law Rule 12.200(a)(2) for further information.

With this petition you must file the following:

  • Stepparent Adoption: Consent of Adoptee, Florida Supreme Court Approved Family Law Form 12.981(a)(2).
  • Stepparent Adoption: Consent of Adult Adoptee’s Spouse, Florida Supreme Court Approved Family Law Form 12.981(c)(2), if the adoptee is married.

THIS ADOPTION MAY AFFECT THE ADOPTEE’S INHERITANCE.



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Florida Adoptions
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.

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

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