We divorced and remarried — can my spouse adopt my child now in Florida?

Yes. Your spouse can pursue a stepparent adoption of your child in Florida as your current spouse. Florida's adoption law lets a married person adopt without the spouse joining when the adoptee is not the spouse and the other spouse is the child's parent and consents (Fla. Stat. § 63.042(2)). If your divorce left court orders about the child, such as custody or support, the Circuit Court clerk in your county or an attorney can tell you how they fit with the adoption.

What matters most in Florida:

• Your current marriage and your consent. As the child's parent, you consent to your spouse adopting without your spouse needing a partner on the petition.
• The other parent. Consent from the child's other legal parent is a key issue, as in any stepparent adoption. If that parent will not consent or cannot be found, what happens next depends on the facts. Florida sets no fixed number of months for abandonment. It depends on the parent's overall conduct (Fla. Stat. § 63.089). For a contested or unknown-parent situation, talk to the clerk or an attorney.
• Child's consent. The child's consent is part of the process at age 12 (Fla. Stat. § 63.062).
• Putative Father Registry. The registry must be searched in each adoption proceeding (Fla. Stat. § 63.054). This is done through a motion asking the court to order the search.
• Background checks. FDLE and FBI background checks are required for the adopting stepparent.
• Home study. Florida exempts stepparents from the home study (Fla. Stat. § 63.092).

What changes after the adoption: Under Fla. Stat. § 63.172, the adoption ends the other parent's parental rights and child support obligation at the same time. It also gives your spouse full parental rights and responsibilities, medical and educational decision-making authority, inheritance rights for your child, and access to Social Security and insurance benefits.

Where, how long, and cost:

• Court: The case is filed in Circuit