Can a stepparent adopt a child born out of wedlock in Florida?

Yes, a stepparent can adopt a child born out of wedlock in Florida. Florida's adoption law says any person, a minor or an adult, may be adopted (Fla. Stat. § 63.042), and these cases are filed in the Circuit Court under Florida Statutes Chapter 63. What shapes your case is the legal position of the other birth parent, not the fact that the child's parents were unmarried.

Who can file: A married person may adopt without their spouse joining the petition if the child's parent is the spouse and consents (Fla. Stat. § 63.042(2)). In a typical stepparent case, your spouse, the child's parent, consents to you adopting.

The other birth parent: This is the part that needs the most attention when a child was born to unmarried parents.

• Putative Father Registry: The registry must be searched in each Florida adoption proceeding (Fla. Stat. § 63.054). Our documents include the motion asking the court to order that search.
• Consent: Florida's consent rules are in Fla. Stat. § 63.062, and the rules on waiving consent are in Fla. Stat. § 63.064.
• Abandonment: Florida sets no fixed number of months. Abandonment depends on the parent's overall conduct (Fla. Stat. § 63.089).
• Unclear situations: If the father is not named on the birth certificate, was never established, or cannot be found, the right steps depend on your facts. Ask the Circuit Court clerk in your county or an attorney about your specific situation.

The child's consent: Florida's consent age is 12 (Fla. Stat. § 63.062).

Home study: Stepparents are exempt from the home study (Fla. Stat. § 63.092).

What the adoption does: Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's parental rights and child support obligations at the same time. There is no separate termination case. Florida's key benefits for the child include inheritance rights, and for you, full parental rights and responsibilities, medical and educational decision-making, and access to Social Security and insurance benefits.

Background checks and records: FDLE and FBI background checks are required.