If the child is over the age of 12, he or she must consent to the adoption by the stepparent and will be interviewed by the court prior to signing a consent form.
If the birth parent does not consent – or cannot be found to provide consent – the stepparent adoption may be allowed to proceed if you can prove:
Abandonment – if the biological parent is absent and has not asserted any parental rights or has failed to provide support for the child, the court may terminate parental rights. Generally, a parent is considered to be absent if they have not been in contact with or provided any financial support for a child for a year or more.
Paternity – if you can establish that a male absent parent is not the legal father. Under Florida law, a man is presumed to be the biological father of a child if:
• He was married to the mother at the time the child was conceived or born;
• The mother was not married when the child was born but the man acknowledged paternity at the hospital at the time of birth;
• The mother was not married when the child was born but the man acknowledged paternity following the birth by filing a Consenting Affidavit Acknowledging Paternity with the Florida Office of Vital Statistics;
• Paternity was established by a court prior to the date that a petition for termination of parental rights is filed.
Florida stepparent adoptions can be complicated, so it is advisable to confer with a Florida family law attorney before you proceed.