Stepparent adoption in Florida

Posted by jjlawfl on March 23rd, 2023

A stepparent of a child who considers the idea of adopting that child to gain full and equal parental rights will need to fully understand the adoption process. In Florida, the stepparent adoption is finalized through a court order called a Final Judgment of Stepparent Adoption, which also terminates the parental rights of the absent parent. In this article, we’ll explain how the stepparent adoption process works and the effects it has.
Stepparent adoption process and effects
For a stepparent to adopt a child in Florida, the stepparent must complete the following 4-step process:

1. Get the required consent of the non-custodial parent, as required by the court
2. Fil the adoption petition and accompanying documents in the appropriate county
3. Attend a final Court hearing
4. Obtain the amended birth certificate

Under Florida Statute 63.172, the stepparent adoption of the child has the following effects:  It relieves the birth parents of the adopted person, except a birth parent who is a petitioner or who is married to a petitioner, of all parental rights and responsibilities.  It terminates all legal relationships between the adopted person and the adopted person’s relatives, including the birth parents, except a birth parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his or her former relatives for all purposes, including the interpretation or construction of documents, statutes, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship, except that rights of inheritance shall be as provided in the Florida Probate Code.

 Except for rights of inheritance, it creates the relationship between the adopted person and the petitioner and all relatives of the petitioner that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock. This relationship shall be created for all purposes, including the applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly exclude an adopted person from their operation or effect.

Can someone challenge the Stepparent Adoption? Usually, the adoption can’t be challenged after one year. To further illustrate the point, we’ll go over the 63.142 section of the Florida Statutes that states:

“After the court determines that the date for a parent to file an appeal of a valid judgment terminating that parent’s parental rights has passed and no appeal, according to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. A judgment terminating parental rights pending adoption is voidable and any later judgment of adoption of that minor is voidable if, upon a parent’s motion for relief from judgment, the court finds that the adoption substantially fails to meet the requirements of this chapter. The motion must be filed within a reasonable time, but not later than 1 year after the date the judgment terminating parental rights was entered” In the end, stepparent adoption of a child is possible and we recommend you contact an experienced attorney to guide you in the best course of action to take forward.

Visit https://www.jjlawfl.com