Can a non-citizen adopt a stepchild in Florida?

Possibly yes. Florida's adoption law describes who may adopt as a married couple adopting jointly, an unmarried adult, or a married person adopting without their spouse joining in certain situations (Fla. Stat. § 63.042(2)), and it does not describe citizenship as part of that test. Because immigration status can raise its own questions, confirm your specific situation with the Circuit Court clerk in your county or an immigration attorney before you file.

What the Florida data supports:

• Court: Stepparent adoptions are filed in the Circuit Court in your county.
• Residency: Florida has no fixed minimum residency period listed for stepparent adoption. The clerk in your county can confirm how the court looks at where you live.
• Background checks: FDLE and FBI background checks are required. If you have lived abroad, ask the clerk what documentation the court expects for your background check.
• Home study: Stepparents are exempt from the home study (Fla. Stat. § 63.092).
• Child's consent: Florida's consent age for the child is 12 (Fla. Stat. § 63.062).
• Other parent: Abandonment has no fixed number of months, and it depends on the other parent's overall conduct (Fla. Stat. § 63.089). If the other parent's consent is an issue, the court looks at the specific facts. An attorney or the clerk can advise on your situation.
• Putative Father Registry: The registry must be searched in each adoption proceeding (Fla. Stat. § 63.054).

Questions that depend on your status: Whether your visa type, a pending application or an undocumented status affects your adoption case is not something we can answer with a general rule. These situations turn on individual facts, so an immigration attorney is the right person to ask. Many families also ask whether adopting affects their own immigration case. That is likewise a question for an immigration attorney.

What to expect:

• Timeline: A stepparent adoption in Florida typically takes about 3 months.
• Cost: Court filing fees generally run $200-$500, and the total is typically under $1,000, compared with $3,000-$5,000+ when h