Stepparent Adoption Consent Form & Biological Father

by Taylor from Lakeland, Florida, Polk County

My husband and I have been married for just over 2 months but have been friends for many years.

When I found out I was pregnant, my sons biological father abandoned us.

My husband and I were dating throughout the entire pregnancy and have been together ever since then. Since he was not the biological father of my child I did not list him on the birth certificate.

There is no father listed on my sons birth certificate.

My son calls my husband his dad as he has filled those shoes for his whole life. I want to make if official and have my husband adopt my son.

With there not being a father listed on the birth certificate is that going to make the adoption process easier? Do I still need a consent form?

Answer to Florida Stepparent Adoption Question

Dear Taylor,

A stepparent adoption is a bit more involved than most think.

Whenever a child is involved in the legal system, the court is most concerned with what is in the best interests of the child.

Your first step will be to try to locate the biological father and if possible, have him sign a consent form.

If consent is not obtainable, the situation you describe may be enough to claim abandonment under Florida adoption law. See section 63.089(3)and section 63.089(4) of the Florida Statutes.

My private investigator does a diligent search using what information you are able to provide such as his name, date of birth, last known address and any other information that will help find him.

If the biological father is found then he must be served with the Stepparent Adoption Notice of Action.

If the biological father is not found then the Petition is filed along with the Diligent Search and a Notice for Publication in the local paper of the last known address of the biological father.

The ad will need to be placed and run the duration of the courts requirement.

You will also need to search the Putative Father Registry maintained by the office of the Vital Statistics
of the Department of Health.

You can file a Motion and Order in the court that the judge will sign giving you the right to do this search.

The Petition is actually a joint petition with you, the Mother, and your husband, the Stepparent. See our stepparent adoption forms page for more information.

You state in this petition the reasons why you want the adoption and confirm that all of the material and emotional needs of the child will be taken care of by the Stepparent.

If the child owns any property then it will also need to be listed with the value of each item.

If your son is older than 12 years of age you will also need to get his signature consenting to the adoption.

After all of these steps have been successfully taken, then your husband should be able to adopt your son. This adoption will then terminate the parental rights of the biological father.

Legal Advice and Florida Court Forms

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

Free Lawyer Referrals

Free Family Lawyer Referrals

If you need legal advice, we recommend LagalMatch's Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.

Florida Court Forms' Petition Preparer Service
Your legal documents ready to file at a price you can afford!

(800) 868-3010

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

Your court papers will be in your hands and ready to file at the courthouse in as little as three days! We guarantee our work. Just ask us for a quote.

Answer provided by Christine Marinkovich, (954) 734-9560, Affordable Divorce Source

Christine is the owner of Affordable Divorce Source and an FALDP Ambassador since 2010. Affordable Divorce Source is a stress-less, cost effective non-lawyer alternative to divorce and other family law issues. You may contact her now for more information.

Click here to post comments

Return to Ask the Staff.