The man on my child's birth certificate is not the biological father — how does this affect adoption in Florida?

In Florida, a birth certificate that names a man who is not the biological father makes your adoption more fact-specific, so confirm who must consent with the Circuit Court clerk in your county or an attorney. Florida's adoption law, Florida Statutes Chapter 63, sets out the consent and notice steps, but how it treats a man named on the certificate who is not the biological father depends on your particular facts.

What applies in every Florida stepparent adoption:

• Consent: Consent requirements are in Fla. Stat. § 63.062, and the rules for when consent can be waived are in Fla. Stat. § 63.064.
• Putative Father Registry: Under Fla. Stat. § 63.054, the registry must be searched in each adoption proceeding. This is the step most relevant to an unknown or unnamed biological father, and our documents include the motion that asks the court to order the search.
• Abandonment: If the other parent has abandoned the child, Fla. Stat. § 63.089 applies. Florida sets no fixed number of months. Abandonment depends on the parent's overall conduct.
• Child's consent: A child who is 12 or older must consent under Fla. Stat. § 63.062.

What adoption does: Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's parental rights and child support obligations at the same time. That is why it matters so much to identify correctly which man's rights are being addressed.

Questions to settle before you file:

• Is the man on the certificate willing to sign a consent?
• Is the biological father known, and has he ever been involved with the child?
• Is there any court case about paternity or support?

Contested situations, or cases where the biological father is unknown or has come forward, call for individual advice. An attorney or the Circuit Court clerk can tell you how the court will handle your facts.

Other Florida basics:

• Court: Your case is filed in the Circuit Court in your county.
• Home study: It is waived for stepparents under Fla. Stat. § 63.092.
• Timeline: Stepparent adoptions typically take about 3 months.
• Court filing fees: They generally run $200-$500. Total cost is typically under $1,000, compared with $3,000-$5,000+ for an attorney.
• Birth records: The Florida Department of Health Office of Vital Statistics is the agency that handles Florida birth records.

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. The price is $349 for the first child and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, backed by our 100% court acceptance guarantee. We have helped 1228 Florida families, and more than 34,000 families nationwide since 2001.