Can I adopt my special needs stepchild in Florida?

Yes, you can ask a Florida Circuit Court to let you adopt your special needs stepchild. Florida's adoption law says any person, a minor or an adult, may be adopted (Fla. Stat. § 63.042), and the steps for a stepparent adoption are the same whatever your child's diagnosis.

What the process looks like:

• Court: You file in the Circuit Court in your county.
• Consent from your child: A child who is 12 or older has a consent role under Fla. Stat. § 63.062. How the court handles consent when a disability affects your child's ability to understand or express it depends on the facts. Ask the Circuit Court clerk or an attorney about your child's situation.
• The other parent: Florida has no fixed number of months for abandonment. It depends on the other parent's overall conduct (Fla. Stat. § 63.089). If the other parent will not consent, or you don't know where they are, talk to the clerk or an attorney about your specific facts.
• Putative Father Registry: The registry must be searched in each adoption (Fla. Stat. § 63.054), and your paperwork includes a motion asking the court to order that search.
• Home study: Stepparents are exempt from the home study (Fla. Stat. § 63.092).
• Background checks: FDLE and FBI checks are required.
• Timeline: A stepparent adoption in Florida typically takes about 3 months.

What changes for your family:

• You gain full parental rights and responsibilities, including medical decision-making authority and educational decision-making rights. For a child with ongoing medical needs or an IEP, that can make a real difference.
• Your child gains inheritance rights (Fla. Stat. § 63.172), and may gain access to Social Security and insurance benefits.
• Adoption ends the other parent's rights and their child support obligation (Fla. Stat. § 63.172). If your child receives support, review that before you file.

Benefits your child already receives: If your child gets SSI, Medicaid or other disability-related benefits, ask the agency that pays them how an adoption could affect them before you file. An attorney can also review your child's situation.

If your stepchild is an adult with special needs: Florida also permits adult adoption. The adult signs a written consent, as does the adult's spouse if there is one.