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One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Florida?

3 min readHelping families since 2001Florida
In this answer · 1 sections

Possibly, yes. You can pursue adoption of both children in Florida, but each child's biological father is a separate question. The father who consents is straightforward, while the one who doesn't depends on the facts of his situation and on what the Circuit Court decides.

The child whose father consents. Consent requirements are in Fla. Stat. § 63.062. He should know that under Fla. Stat. § 63.172, a stepparent adoption ends his parental rights and his child support obligation at the same time. Make sure he understands this before he signs.

The child whose father does not consent. Several parts of Florida law may apply, depending on his circumstances:

  • Consent waiver: Fla. Stat. § 63.064 addresses when consent may be waived.
  • Abandonment: Fla. Stat. § 63.089 covers abandonment. Florida sets no fixed number of months. Abandonment depends on the parent's overall conduct, so contact, support and involvement all matter.
  • Putative Father Registry: Under Fla. Stat. § 63.054, the registry must be searched in each adoption proceeding. This is done through a court-ordered search.

If a father actively objects, or you aren't sure his conduct meets the legal standard, talk with a Florida adoption attorney or ask the Circuit Court clerk in your county. How a judge handles a contested case can't be predicted from the outside.

Points that apply to both children:

  • Child's consent: Florida sets the age for a child's own consent at 12 (Fla. Stat. § 63.062). If either child is 12 or older, plan for this.
  • Home study: Stepparents are exempt (Fla. Stat. § 63.092).
  • Court: You file in the Circuit Court of your county.
  • Timeline: A stepparent adoption in Florida typically takes about 3 months. The clerk can tell you how a disputed consent might affect timing in your county.
  • Cost: Court filing fees typically run $200-$500, and the total is typically under $1,000, compared with $3,000-$5,000+ for an attorney.
  • Attorney: Florida allows you to represent yourself in a stepparent adoption case.

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 then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 1228 Florida families, and 34,000+ families nationally since 2001.

Stepparent adoption in Florida at a glance

Court
Circuit Court
Residency before filing
No minimum period
Typical timeline
3 months
Court filing fee
$200-$500
Child must consent at age
12
Home study
Usually waived for stepparents
Florida families we've helped
1,228

Full Florida guide →

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01Understand your situation

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02Check the state rules

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03Prepare with confidence

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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