Frequently Asked Questions: Stepparent Adoption in Florida (2026 Guide)

The short answer: in Florida, you and your spouse file a Joint Petition for Adoption by Stepparent in circuit court, and in most cases the other parent never signs anything. Florida lets the court end his rights if he was properly served and didn't answer or show up, if he abandoned the child, or if he is unreasonably withholding consent (Fla. Stat. § 63.089(3)). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. The father never signed, and the judge approved the adoption anyway. Here are the questions Florida families ask us most.

Can I adopt my stepchild in Florida if the other parent won't consent?

Yes. Florida's adoption chapter lists the grounds on which a court can terminate a parent's rights pending adoption. Three matter most to stepfamilies (Fla. Stat. § 63.089(3)):

• (d) He was properly served with notice and failed to file a written answer or appear at the hearing.
• (e) He was properly served and the court finds he abandoned the child.
• (h) He was properly served, and after looking at his written reasons, the court finds he is unreasonably withholding consent.

In real life, most absent parents simply never respond. That's the real world in Florida courtrooms: the father never signs, and the judge grants the adoption.

What counts as abandonment in Florida, and how long does he have to be gone?

Florida doesn't set a fixed number of months. It defines "abandoned" as a parent who, while being able, "makes little or no provision for the child's support or makes little or no effort to communicate with the child," in a way that shows an intent to reject parental responsibilities (Fla. Stat. § 63.032(1)).

The same definition answers the "token contact" question directly: if his efforts to support and communicate are "only marginal efforts that do not evince a settled purpose to assume all parental duties," the court may declare the child abandoned. A finding of abandonment must be based on clear and convincing evidence (§ 63.089(4)).

What if I don't know where the other parent is?

That doesn't stop the adoption. Florida law describes a diligent search, including inquiries about the person's current and previous addresses, last known employer, and relatives (Fla. Stat. § 63.088(5)), followed by constructive service (publication) when the person still can't be found. The court can hold the termination hearing once at least 30 days have passed since the first date of publication and an affidavit of service is filed (§ 63.089(2)(b)).

Florida's Supreme Court-approved forms include a Notice of Action for Termination of Parental Rights and Stepparent Adoption (Form 12.913(a)(3)) and an Affidavit of Diligent Search (Form 12.913(c)). The Fifth Judicial Circuit's checklist notes you must first attempt personal service at his last known address. If he doesn't respond, the case moves forward.

What forms and documents do I need?

The Fifth Judicial Circuit's stepparent adoption checklist (December 2025) lists Florida Supreme Court Approved Family Law Forms, all available on flcourts.gov, including:

Unlike most adopters, a stepparent can file the adoption petition in circuit court before any judgment ending the other parent's rights (Fla. Stat. § 63.102(1)), so both issues move forward in one case. Your local circuit may add its own checklist or forms, so check your circuit's website or self-help office.

Do I need a home study in Florida?

No preliminary home study is required when the petitioner is a stepparent (Fla. Stat. § 63.092(3)), unless the court requires one for good cause. That saves both time and money compared with other adoptions.

How long does a Florida stepparent adoption take?

When everyone whose consent is required has signed a valid consent and it's on file, Florida lets a stepparent's adoption hearing be held immediately after the petition is filed (Fla. Stat. § 63.122(1)). When the other parent hasn't signed, the timing depends on service: at least 20 days after personal service, or at least 30 days after the first publication, before the termination hearing (§ 63.089(2)(b)). Beyond that, your circuit's calendar sets the pace. Many uncontested adoptions finish within a few months.

Does my stepchild have to consent?

If your stepchild is 12 or older, yes, unless the court decides in the child's best interest to dispense with that consent (Fla. Stat. § 63.062(1)(c)). Florida's Form 12.981(a)(2) is used for this.

How much does a Florida stepparent adoption cost?

Item	What to expect
Document preparation (StepParent Adoption 360)	$349 for the first child, $99 for each additional child
Clerk filing fee	Set by each county clerk; Manatee County, for example, lists $400 for a Joint Petition for Stepparent Adoption
Service of process or publication	Depends on how the other parent is served
Putative Father Registry search	Application fee set by the Department of Health's vital statistics office
Home study	Not required for a stepparent unless the court orders one

See our Florida stepparent adoption cost guide and the Florida state guide.

Can unmarried couples do a stepparent adoption in Florida?

Florida's stepparent forms are built around a married couple filing jointly. Florida law lets "a husband and wife jointly" adopt, or a married person adopt when the other spouse is the child's parent and consents (Fla. Stat. § 63.042(2)). If you're not married, talk with a Florida family law attorney before filing about whether any route fits your family. Other states' rules are in our state guides.

What happens after the judgment?

Within 30 days after the judgment, the clerk sends a certified statement to the state registrar of vital statistics, and the registrar issues a new birth record when you apply (Fla. Stat. § 63.152). Your spouse remains your child's parent; the other parent's rights end, along with his duty to pay child support going forward (Child Welfare Information Gateway). Whether back support already owed can still be collected depends on Florida law and your support order.

Frequently Asked Questions

Can I adopt my stepchild in Florida without the father's consent?

Yes. If he's properly served and doesn't answer or appear, abandoned the child, or is unreasonably withholding consent, the court can terminate his rights (Fla. Stat. § 63.089(3)). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other parent's consent; the father never signed, and the judge approved the adoption anyway.

Is there a set number of months for abandonment in Florida?

No. Florida looks at whether he made little or no provision for support or little or no effort to communicate while able to, and treats marginal efforts as abandonment when they don't show a settled purpose to assume parental duties (Fla. Stat. § 63.032(1)).

What if I can't find the other parent?

After a diligent search and an attempt at personal service, you can serve him by publication. The termination hearing can be held once 30 days have passed from the first publication and the affidavit of service is filed.

Does my stepchild need to agree?

If your stepchild is 12 or older, yes, unless the court dispenses with it in the child's best interest (Fla. Stat. § 63.062(1)(c)).

Do I need a lawyer?

Florida provides Supreme Court-approved forms for stepparent adoption, and many families file them on their own. If the other parent actively contests the adoption, talk with a local attorney.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Florida Statutes §§ 63.032, 63.042, 63.062, 63.088, 63.089, 63.092, 63.102, 63.122 and 63.152 (Florida Legislature); Fifth Judicial Circuit of Florida, "Stepparent Adoption (Minor Child(ren))" checklist (12/2025); Manatee County Clerk of the Circuit Court, department fee listing; Child Welfare Information Gateway, "Stepparent Adoption" factsheet. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.