Can I adopt my stepchild who is a newborn or infant in Florida?

Yes. Florida lets a stepparent adopt a stepchild of any age, including a newborn or infant, because Fla. Stat. § 63.042 says any person, a minor or an adult, may be adopted. What matters is not the baby's age but whether the other parent's rights are addressed correctly.

Who can file: A married person can adopt without their spouse joining the petition if the person being adopted is not their spouse and the spouse, who is the child's parent, consents (Fla. Stat. § 63.042). The case is filed in the Circuit Court. The Circuit Court clerk in your county can confirm local filing steps and any residency questions.

The other parent's consent: Consent is the central issue for an infant. Fla. Stat. § 63.062 covers who must consent, and Fla. Stat. § 63.064 covers when the court can waive consent. For a newborn, the facts vary a lot:

• If the other parent agrees: Their written consent is the most direct path.
• If the other parent is absent or unwilling: Florida sets no fixed number of months for abandonment. It depends on the parent's overall conduct (Fla. Stat. § 63.089). Because a baby's history is short, how this applies to your situation is a question for an attorney or the Circuit Court clerk.
• If the father is unknown or was never named: Under Fla. Stat. § 63.054, the Florida Putative Father Registry must be searched in each adoption proceeding. A motion asks the court to order that search. Anything beyond this depends on your facts, so check with the clerk or an attorney.

The child's consent: Florida's child consent age is 12 (Fla. Stat. § 63.062). A newborn or infant is well under that age.

Home study and background checks: Home studies are waived for stepparents (Fla. Stat. § 63.092). FDLE and FBI background checks are still required.

What adoption does: Under Fla. Stat. § 63.172, the adoption ends the other parent's rights and child support obligation at the same time, and you do not need a separate termination case. Adopting early gives your child:

• Inheritance rights
• Social Security and insurance benefits
• You as a parent with medical and educational decision-making authority

Timeline and cost: A stepparent adoption in Florida typically takes about 3 months.