Valentine’s Day can be a momentous time for families to adopt children and celebrate their love of family bonds. When a single parent remarries, a stepparent often takes on the responsibility of raising, caring for, and loving their spouse’s child. Both the children and stepparents will form a close bond together like the bond that biological parents and their children share.
However, under Florida family law, stepparents have no legal rights with respect to the child. Therefore, many stepparents come to me looking to adopt their step-child and form a parent-child relationship in both their eyes and in the eyes of the law.
Stepparent adoption is a wonderful way to legally unite a blended family and provide stability, clarity, and security for everyone. When a stepparent adopts their step-child, they get full legal and physical custody of the child, and they will have the same rights as the birth parent. A stepparent adoption in Florida allows a stepparent to gain full parental rights over their stepchild.
This process legally terminates the parental rights of the absent biological parent and formalizes the relationship between the child and the stepparent. After the adoption, the stepparent is legally recognized as the child’s parent, with all the same rights and responsibilities as a biological parent.
Stepparent adoptions strengthen the legal and emotional bond between the child and stepparent, providing joy and stability for the entire family. At the heart of the stepparent adoption is a celebration of love of family.
If you want to adopt your spouse’s child then you should look into the stepparent adoption process. Stepparent adoptions in Florida are governed by Chapter 63 of the Florida Statutes. Sara Horowitz PA will make sure every legal procedure is followed, such as obtaining consent, filing the adoption petition, attending hearings, and updating birth certificates.
Stepparent adoptions begin with the filing of a Joint Petition for Stepparent Adoption filed by both the stepparent and the spouse. You must be married to seek this type of adoption and must be able to provide the Court with a valid marriage certificate. Within the petition, you must also inform the court as to the reasons why you are seeking to adopt your stepchild and provide information such as the child’s birth certificate and how long you have lived with the child. Additionally, if the child is 12 or older, they are also required to provide their written consent.
The filing of the petition only initiates the adoption process. The biological parent of the child — your spouse’s ex — will then have a chance to oppose the adoption, unless they previously executed a consent to the adoption. If they consent to the adoption, then the consent will be filed simultaneously with the filing of the petition for adoption. If they do not exercise this right, then the court will grant the adoption at a final hearing where they will review the relevant filings and evidence.
After the adoption has been approved by the court, you will be able to obtain a new birth certificate for the child, identifying you as the child’s new legal parent. The child’s name can also be changed during the adoption process, if you and your spouse wish.
Once the court enters an order approving the adoption, the parent who is not married to the stepparent will have his or her parental rights terminated (if they have not been already). While this would terminate any child support orders, it would also mean that the parent is no longer legally entitled to visit the child or make childrearing decisions.
Spread love this Valentine’s Day in all its forms. Adopting a child is an act of boundless love. If you are considering a stepparent adoption, contact Sara Horowitz PA for assistance. We can draft all of the necessary paperwork and navigate your adoption application from start to finish to help ensure a smooth and timely process. Call 954-300-1602 or email sara@horowitzlawpa.com.
