Can a step-grandparent adopt a grandchild in Florida?

A step-grandparent may be able to adopt a grandchild in Florida, but the answer depends on the child's age and on how your family is connected, so the details should be confirmed for your situation. Florida's adoption law, Florida Statutes Chapter 63, does not describe "step-grandparent adoption" as its own category, so the court clerk or an attorney should confirm how your relationship fits.

Who Florida lets adopt: Under Fla. Stat. § 63.042(2), a husband and wife may adopt jointly, or an unmarried adult may adopt. A married person may adopt without the spouse joining if the person being adopted is not the spouse and either:

• the other spouse is a parent of the adoptee and consents, or
• the court excuses the spouse's failure to join or consent.

If you are a step-grandparent, whether your spouse must join or consent depends on your family's facts. That is a good question for an attorney or the Circuit Court clerk in your county.

If the grandchild is a minor:

• The petition is filed in the Circuit Court.
• Florida's stepparent shortcuts, such as the home study exemption under Fla. Stat. § 63.092 and the typical 3-month timeline, are for a stepparent married to the child's parent. A step-grandparent should not assume they apply.
• Florida sets the age for a child's consent at 12 (Fla. Stat. § 63.062).
• The Putative Father Registry must be searched in each adoption (Fla. Stat. § 63.054).
• FDLE and FBI background checks are required.
• There is no fixed number of months for abandonment. It depends on the parent's overall conduct (Fla. Stat. § 63.089).
• If a parent's rights are involved, a contested case or an unknown parent depends on the facts, so ask the clerk or an attorney about that issue.
• Under Fla. Stat. § 63.172, an adoption ends the other parent's rights and child support obligations. That is a