How do I adopt my stepchild if the biological mother won't sign in Florida?

In Florida, if the biological mother won't sign, you can still file your stepparent adoption in the Circuit Court and ask the judge to proceed without her consent. The court decides whether that is allowed, based on the consent rules in Fla. Stat. § 63.062 and the consent-waiver provisions in Fla. Stat. § 63.064.

Abandonment is judged on overall conduct. Florida sets no fixed number of months for abandonment. Under Fla. Stat. § 63.089, it depends on the parent's overall conduct toward the child. Her contact, support and involvement all form part of the picture, so the facts of your situation matter more than a calendar count.

If she is involved but refuses. Whether the court will go forward without her signature depends on the specific facts, and Florida law on how a judge weighs those facts should be confirmed with the Circuit Court clerk in your county or with an attorney. If she actively objects, speaking with an attorney about your situation is a sensible step.

No separate termination case. Florida does not require a separate case to end her rights before the adoption. Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's parental rights and child support obligations at the same time. It also gives your stepchild inheritance rights.

Other Florida requirements to know:

• Child's consent: The child consent age is 12, under Fla. Stat. § 63.062.
• Home study: Stepparents are exempt under Fla. Stat. § 63.092.
• Background checks: FDLE and FBI background checks are required.
• Residency: Ask the Circuit Court clerk in your county to confirm the residency requirement that applies to you.
• Timeline: A stepparent adoption typically takes about 3 months.
• Cost: Court filing fees run $200-$500, and the total is typically under $1,000. Attorney representation often runs $3,000-$5,000+.
• Attorney: Florida allows you to represent yourself in a stepparent adoption.

Where the process stands if she won't sign. You file the petition in the Circuit Court in your county, and the judge decides whether her consent can be waived or her rights ended on the facts presented. Keep clear records of her contact with your stepchild, such as calls, visits, messages and support. These details help show her overall conduct, which is what Fla. Stat. § 63.089 looks at. The court clerk can tell you about local filing steps, and an attorney can advise on a contested situation.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.