Can both my spouse and I adopt each other's children from prior relationships in Florida?

Yes, in Florida each spouse can adopt the other's child from a prior relationship. Florida law allows a married person to adopt without the spouse joining when the spouse is the child's parent and consents (Fla. Stat. § 63.042(2)). In a blended family, each of you is in that position for the other's child, so each of you can file a stepparent adoption.

How it works:

• You adopt your spouse's child, and your spouse adopts yours.
• Each adoption is handled by the Circuit Court in your county.
• Whether your county's clerk prefers separate filings or a combined filing is something the Circuit Court clerk can confirm.

What each adoption involves:

• Your spouse's consent: The parent-spouse must consent to the stepparent's adoption of their child (Fla. Stat. § 63.042(2)).
• The other biological parent: Consent requirements are found in Fla. Stat. § 63.062, and consent can be waived in certain situations under Fla. Stat. § 63.064. Florida has no fixed number of months for abandonment. It depends on the parent's overall conduct (Fla. Stat. § 63.089).
• Children age 12 and older: A child who is 12 or older must consent (Fla. Stat. § 63.062).
• Putative Father Registry: The registry must be searched in each adoption proceeding (Fla. Stat. § 63.054).
• Background checks: FDLE and FBI background checks are required.
• Home study: Stepparents are exempt (Fla. Stat. § 63.092).

What adoption does legally: Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's parental rights and child support obligations. It also gives the child inheritance rights. Adoptive stepparents gain full parental rights and responsibilities, including medical and educational decision-making, and the child may qualify for Social Security and insurance benefits.

Timeline and cost: Florida stepparent adoptions typically take about 3 months. Court filing fees generally run $200-$500, and the total cost is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney. Florida allows you to represent yourself in a stepparent adoption.

When your situation is more complicated: If a child's other parent is unknown, cannot be found, or objects, the outcome depends on the specific facts.