Do I have to wait after getting married before I can adopt my stepchild in Florida?

Florida's adoption rules don't include a residency waiting period, and any minimum time you must be married before filing is something the Circuit Court clerk in your county can confirm. Here is what we can point to for Florida.

Marriage and who can adopt: Florida law lets a married person adopt without their spouse joining in the adoption, as long as the child is not the spouse. The child's parent, who is your spouse, must consent, or the court must excuse the spouse's failure to join or consent (Fla. Stat. § 63.042(2)). In a stepparent adoption, your spouse's consent is therefore a central part of the process. The statute does not give a length of marriage as part of that rule. If you have questions about how a very recent marriage is treated, ask the clerk or an attorney.

Residency: Florida has no minimum residency period for you to meet before filing. If you recently moved to Florida, you are not required to wait out a set number of months first.

Where you file: Stepparent adoptions are filed in the Circuit Court in your county. Florida has 67 counties, and the clerk's office can tell you about local filing steps, including anything specific to your county.

Other timing points that may matter to you:

• Home study: Stepparents are exempt from the home study (Fla. Stat. § 63.092), so you don't need to wait for one to be scheduled.
• Consent from an older child: A child's consent is required at age 12 (Fla. Stat. § 63.062). If your stepchild is close to that age, it is worth knowing before you file.
• The other parent: If the other parent is unknown, can't be found, or won't agree, the timing depends on the facts. Florida has no fixed number of months for abandonment; it depends on the parent's overall conduct (Fla. Stat. § 63.089). For a situation like that, talk to the Circuit Court clerk or an attorney about your specific case.
• Background checks: FDLE and FBI background checks are required, so allow time to complete them.

How long it takes: Stepparent adoptions in Florida typically take about 3 months. Waiting to file doesn't give you anything extra in the process, but whether and when to file is your decision, based on your family's circumstances.

Cost: Court filing fees typically run $200-$500, and the total is typically under $1,000. Hiring an attorney commonly costs $3,000-$5,000 or more. Florida allows you to represent yourself in a stepparent adoption.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You file it yourself, without an attorney.