What are the requirements for stepparent adoption in Florida?

Stepparent adoption in Florida is handled in Circuit Court under Florida Statutes Chapter 63, and the main requirements are the other parent's consent (or a court finding that consent isn't needed), a child's consent if the child is 12 or older, background checks, and a court filing. Here is how each piece works.

Court and filing: You file your petition in the Circuit Court in your county. Florida has 67 counties, and each clerk's office can tell you about local filing details. The court filing fee typically runs $200-$500, and the overall cost is typically under $1,000, compared with $3,000-$5,000+ for many attorney-handled cases. Florida allows you to represent yourself, so an attorney is not required.

Residency: Florida does not set a minimum residency period for stepparent adoption. If you are unsure which county is the right one to file in, the Circuit Court clerk can confirm.

Consent of the other parent: Consent requirements are in Fla. Stat. § 63.062, and the rules for when consent can be waived are in Fla. Stat. § 63.064. Whether the other parent's consent is needed, or can be excused, depends on your family's facts.

Abandonment: Florida sets no fixed number of months for abandonment. It depends on the other parent's overall conduct, as addressed in Fla. Stat. § 63.089. If you think this applies to you, or the other parent may contest, talk to an attorney or the court clerk about your specific situation.

Child's consent: The child-consent age in Florida is 12, under Fla. Stat. § 63.062.

Putative Father Registry: Fla. Stat. § 63.054 requires the Florida Putative Father Registry to be searched in each adoption proceeding. This is done through a motion asking the court to order the search.

Background checks: FDLE and FBI background checks are required.

Home study: Stepparents are exempt from the home study under Fla. Stat. § 63.092.

What the adoption does: Under Fla. Stat. § 63.172, the adoption ends the other parent's parental rights and child support obligation at the same time, so no separate termination case is needed. It also gives the child inheritance rights and gives you:

• Full parental rights and responsibilities
• Medical decision-making authority
• Educational decision-making rights
• Social Security and insurance benefits for your child

Timeline: A stepparent adoption in Florida typically takes about 3 months.