Florida Stepparent Adoption Forms: Forms for adoption of a minor child by a stepparent in Florida. Free forms downloads, instructions, and resources for Stepparent Adoption in Florida.
The following are instructions for Florida Supreme Court Approved Family Law: Form 12.981(b)(1)
When should this Stepparent Adoption form be used?
This Florida adoption form should be used when a stepparent is adopting his or her spouse’s child.
Both the stepparent and his or her spouse must sign this petition.
You must attach all necessary consents or acknowledgments that apply to your case, as listed under the Special Notes stepparent adoption forms section below.
Florida Statutes require that consent to adoption be obtained from:
Determining whether someone’s consent is required may be a complicated issue and you may wish to consult an attorney.
For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082 in particular.
The name to be given to the children after the adoption should be used in the heading of the adoption petition.
The stepparent is the petitioner, because he or she is the one who is asking the court for legal action.
After completing these stepparent adoption forms, you and your spouse must sign it before a notary public or deputy clerk.
You should then file the original stepparent adoption form and 1 copy with the clerk of the circuit court in the county where the minor resides unless the court changes the venue.
For your Florida stepparent adoption case to proceed, you must have the written consent of the other birth parent and the child, if applicable.
The court may choose not to require consent to an adoption in some circumstances.
For more information about situations where consent may not be required, see section 63.064, Florida Statutes. Section 63.054, Florida Statutes, requires that in each adoption proceeding the Florida Putative Father Registry be searched.
You will need an order from the judge to do this, which you can request by filing a Motion for Search of the Putative Father Registry, Florida Supreme Court Approved Family Law Form 12.981(a)(6).
When you have filed all of the required stepparent adoption forms and met the requirements as outlined above, you are ready to set a hearing on your Florida adoption petition.
You should check with the clerk of court, family law intake staff or the judicial assistant to set a final hearing.
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 means that "a summons and a copy of the forms you are filing with the court that must be personally served are delivered by a deputy sheriff or private process server directly to the other party, or to someone over the age of fifteen with whom the other party lives."
Personal service is required for all Florida divorce form petitions. You cannot serve these papers on the other party yourself or by mail or hand delivery.
Personal service must be made by the sheriff’s department or by a certified private process server in the county where the other party lives or works.
If all persons required to consent have consented and the stepparent adoption forms, consents/affidavits of nonpaternity have been filed with the court, the hearing may be held immediately.
If not, notice of the stepparent adoption hearing must be given as provided by the Rules of Civil Procedure. See Form 1.902, Florida Rules of Civil Procedure. If you know where the other birth parent lives, you should use .
If you absolutely do not know where he or she lives, you may use constructive service.
In order to use constructive service you will need to complete and submit to the court Stepparent Adoption Forms: Affidavit of Diligent Search, Florida Supreme Court Approved Family Law Form 12.981(a)(4).
For more information about personal and constructive service, you should refer to the General Information for Self-Represented Litigants and the instructions to Florida Family Law Rules of Procedure Form 12.910(a) and Form 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a).
However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants for more information on stepparent adoption forms. See Chapter 63, Florida Statutes, and Florida Family Law Rule 12.200(a)(2) for further information.
With these stepparent adoption forms petition you must file the following:
These family law forms contain a Final Judgment of Stepparent Adoption, Florida Supreme Court Approved Family Law Form 12.981(b)(2), which the judge may use.
You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment form with you to the hearing. If so, you should type or print the heading, including the circuit, county case number, division, and the children’s names, and leave the rest blank for the judge to complete at your hearing.
You should decide how many certified copies of the final judgment you will need and be prepared to obtain them after the hearing. There is a charge for certified copies, and the clerk can tell you how much.
The file will be sealed after the final hearing, and then it will take an order from a judge to open the file and obtain a copy of the final judgment.
AN ADOPTIVE STEPPARENT WILL CONTINUE TO HAVE PARENTAL RIGHTS, INCLUDING VISITATION AND CUSTODY, WHERE APPROPRIATE, IN THE EVENT OF A LATER DIVORCE, AND MAY BE LIABLE FOR CHILD SUPPORT IN THE EVENT OF A LATER DIVORCE.
YOU COULD BE LIABLE IN LITIGATION FOR THE ACTIONS OF THE ADOPTEE(S).
THIS ADOPTION MAY ALSO AFFECT THE ADOPTEE’S INHERITANCE.
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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. ($9.95)
Florida Statutes 63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue.
Florida Statutes 63.063 Responsibility of parents for actions; fraud or misrepresentation; contesting termination of parental rights and adoption.
Florida Statutes 63.064 Persons whose consent to an adoption may be waived.
Florida Statutes 63.082 Execution of consent to adoption or affidavit of nonpaternity; family social and medical history; withdrawal of consent.
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