Can a same-sex stepparent adopt in Florida?

Yes. A same-sex stepparent can adopt their spouse's child in Florida, and you follow the same Circuit Court process as any other stepparent. The steps below apply to every stepparent adoption in the state.

Where you file: Your petition goes to the Circuit Court in your county. Florida has 67 counties, and the clerk can tell you about local filing details.

What the process involves:

• Residency: Florida sets no minimum residency period for a stepparent adoption.
• Consent of the child: A child who is 12 or older must consent (Fla. Stat. § 63.062).
• The other parent: Their consent is part of the process, and the court can waive it in some situations (Fla. Stat. § 63.064). If a parent has abandoned the child, Florida sets no fixed number of months. Abandonment depends on that parent's overall conduct (Fla. Stat. § 63.089).
• Putative Father Registry: Florida requires a registry search in each adoption (Fla. Stat. § 63.054). The court-ordered search is requested by motion.
• Background checks: FDLE and FBI background checks are required.
• Home study: It is waived for stepparents (Fla. Stat. § 63.092).

What adoption does: A completed adoption gives you full parental rights and responsibilities, including medical and educational decision-making. It also gives your child inheritance rights and access to Social Security and insurance benefits (Fla. Stat. § 63.172). It also ends the other parent's parental rights and child support obligations at the same time.

Timeline and cost: A stepparent adoption in Florida typically takes about 3 months. Court filing fees generally run $200-$500, and the total typically comes to under $1,000. Attorney representation often runs $3,000-$5,000 or more. Florida allows you to represent yourself, so an attorney is not required.