Sometimes existing families need some legal re-arranging to make sure that the child’s best interests are met.

A stepparent adoption is where a parent’s spouse, who is not the legal or biological parent of the child, “swaps in” and becomes the second parent of the child. For example, if a mother and her new husband (the child’s step-father) want to parent the child together, a step-parent adoption would allow the father’s parental rights to the child to be terminated, would allow the step-father to “substitute in” for the father and acquire parental rights to the child, and would allow the mother’s parental rights to the child to remain intact. Although not obligatory, the parties can agree to forgive a parent’s child support arrearages in conjunction with the completion of a stepparent adoption.

Stepparent adoption is crucial in providing for a child’s legal security. With divorce being so prevalent, many families today are “blended,” including one or both parents who have children from prior relationships. Stepparents often step into the role of parent when the child’s other parent is largely absent. Yet despite fulfilling the responsibilities of parenthood, stepparents do not hold any legal rights to the child. This creates challenges, especially in the event of the custodial parent’s death or incapacity, as the stepparent is unable to make medical or educational decisions for the child and may have to contend with custodial challenges from a previously absent biological parent or other relatives. This is why obtaining permanency for a child through stepparent adoption is so important.

For stepparent adoptions, Chapter 63 of the Florida Statutes provides a streamlined legal process where one petition can take care of both the termination of parental rights and the adoption. No home study is required for a stepparent adoption. Once the petition is filed, there is no waiting period, and the court may finalize the adoption immediately. This is in contrast to a private adoption, where two petitions (one for termination of parental rights and a subsequent one for adoption) must be filed, a home study and post-placement visits are required, and the adoption cannot be finalized until 90 days have elapsed since the adoption entity’s placement of the child with the prospective adoptive family. In either scenario, the court is authorized to grant the adoptee a name change as part of the adoption proceeding.

To find out more about the adoption process, please contact us to arrange a consultation.