What are Florida's adoption laws?

Florida adoption, including stepparent adoption, is governed by Florida Statutes Chapter 63, and cases are filed in the Circuit Court in your county. Florida has 67 counties, each with its own Circuit Court.

Who can be adopted and who can adopt: Under Fla. Stat. § 63.042, a minor or an adult may be adopted. A husband and wife may adopt jointly, or an unmarried adult may adopt. A married person may also adopt without the spouse joining, if the person being adopted is not the spouse and either the other spouse is the adoptee's parent and consents, or the court excuses the spouse's failure to join or consent. Florida sets no relationship or disability condition for adult adoption. If you have questions about an age requirement for the adopting person, the Circuit Court clerk can confirm.

Consent: Consent rules are in Fla. Stat. § 63.062, and a child who is 12 or older is part of that consent picture. For an adult adoption, the adult and the adult's spouse (if any) sign written consent, and the adoptee's parents receive written notice of the final hearing but do not consent. If a parent will not consent, Fla. Stat. § 63.064 covers consent waiver. Those cases turn on the facts, so talk to an attorney or the clerk about your situation.

Abandonment: Florida sets no fixed number of months. Under Fla. Stat. § 63.089, abandonment depends on the parent's overall conduct.

Termination of the other parent's rights: You do not file a separate termination case. Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's parental rights and child support obligation at the same time. It also gives the child inheritance rights.

Putative Father Registry: Fla. Stat. § 63.054 requires a search of the Florida Putative Father Registry in each adoption proceeding. Your court papers include a motion asking the court to order that search.

Home study: Stepparents are exempt from the home study under Fla. Stat. § 63.092. For an adult adoptee, no preliminary home study is required, though the court may require one for good cause. FDLE and FBI background checks are still required for stepparent adoptions.