What are the adoption laws in Florida?

Florida adoption law is found in Florida Statutes Chapter 63, and stepparent adoptions are filed in the Circuit Court in your county (Florida has 67 counties). Here is how the main rules work for a stepparent adoption.

Where you file. Your petition goes to the Circuit Court clerk in the county where you file. Fla. Stat. § 63.102 covers the adoption requirements.

Residency. Florida sets no minimum residency period for stepparent adoption. The clerk in your county can confirm any local filing details.

Consent. Florida's consent rules are in Fla. Stat. § 63.062. A child who is 12 or older has a consent requirement under that statute. Consent from the child's other legal parent is also part of the picture. If that parent will not or cannot consent, Fla. Stat. § 63.064 addresses consent waiver, and Fla. Stat. § 63.089 covers abandonment. Florida sets no fixed number of months for abandonment. It depends on the parent's overall conduct. Because these situations turn on the facts, a contested case or an absent parent is a good time to talk with the Circuit Court clerk or an attorney.

Putative Father Registry. Under Fla. Stat. § 63.054, the Florida Putative Father Registry must be searched in each adoption proceeding. This is requested by motion to the court.

Home study and background checks. Florida exempts stepparents from the home study (Fla. Stat. § 63.092). FDLE and FBI background checks are required.

Termination of rights. You don't file a separate termination case. Under Fla. Stat. § 63.172, the adoption ends the other parent's rights and child support obligations at the same time. It also gives the child inheritance rights.

Timeline and cost.

• A stepparent adoption typically takes about 3 months.
• Court filing fees run about $200-$500.
• The total typically comes to under $1,000, compared with $3,000-$5,000+ for an attorney.
• Florida allows you to represent yourself, so an attorney isn't required