JusticeXpress Florida . Legal Topics . Family Law . Florida Stepparent Adoption
A stepparent adoption is a court order that gives a stepparent the same legal rights and duties toward a stepchild that a biological parent would have. Under Florida law, it also terminates the parental rights of the absent biological parent. Florida's adoption procedure is governed by Chapter 63, Florida Statutes, and the case is filed in the circuit court of the county where the petitioning family lives. Most stepparent adoptions involve minor children, but Florida law also permits adult stepchild adoption under a separate set of forms.
To file a stepparent adoption in Florida, the petitioner must be legally married to the child's biological parent. The petition is filed jointly — both the stepparent and the biological spouse sign it as co-petitioners. There is no minimum length-of-marriage requirement under Chapter 63, but most circuit judges look for a stable, established marriage before granting the adoption. The petitioning stepparent must be able to financially and morally support the child, and the adoption must be in the best interest of the minor. The court will not consider the stepparent's race, color, ethnicity, or national origin as a factor in deciding whether to grant the adoption.
Consent is the single most important issue in any stepparent adoption. Florida Statute § 63.062 sets out who must consent before the court can grant the petition. Each consent must be signed in front of a notary and two witnesses, and each consent must be filed with the court.
| Whose Consent | Form Number | Notes |
|---|---|---|
| Biological mother | 12.981(a)(1) | Required in every case unless rights already terminated. |
| Biological father | 12.981(a)(3) | Required if the father's rights have not been terminated and he is not deceased. |
| The child being adopted (age 12 or older) | 12.981(a)(2) | Court may waive only if waiver is in the child's best interest. |
| Adult adoptee's spouse (if any) | 12.981(c)(2) | Required only when adopting an adult stepchild who is married. |
This is the issue that turns a routine stepparent adoption into a contested case. Florida law provides specific procedural paths when the other biological parent will not sign a consent: • If the parent is willing to give up rights but is not the child's legal father — file an Affidavit of Nonpaternity, Form 12.981(a)(5). This is the cleanest path. • If the parent's whereabouts are unknown — file an Affidavit of Diligent Search, Form 12.981(a)(4), documenting the specific searches required by Chapter 63 (postal inquiry, military locator, motor vehicle records, last-known relatives, etc.). The court must be satisfied that a serious, good-faith effort was made. • If the parent's rights need to be terminated for cause — abandonment, unfitness, or failure to provide support and contact — a contested termination hearing may be required, and an attorney is strongly recommended. Document preparation services cannot guide you through a contested termination.
Florida Statute § 63.054 requires that every adoption proceeding include a search of the Florida Putative Father Registry, maintained by the Office of Vital Statistics at the Florida Department of Health. This is not optional — even if the child's father is named on the birth certificate and has signed a consent. The search is requested by filing Form 12.981(a)(6), Motion for Search of the Putative Father Registry. The court enters an order using Form 12.981(a)(7), and the Office of Vital Statistics returns the search results to the court. There is a small fee charged by Vital Statistics for the search.
Both spouses complete and sign Form 12.981(b)(1), Joint Petition for Adoption by Stepparent, before a notary. The petition states the new name the child will use after the adoption.
Collect the required consent forms, the child's certified birth certificate, the marriage certificate of the petitioning spouses, and a UCCJEA affidavit (Form 12.902(d)) listing every place the child has lived in the last five years.
File the petition and all supporting documents with the Clerk of Circuit Court in the county where the family resides. Filing fees vary by county and currently run approximately $400. The clerk will assign a case number and a judge.
If a biological parent has not signed a consent and is not subject to an Affidavit of Nonpaternity, that parent must be served with the petition by personal service or — when the parent cannot be located — constructive service supported by Form 12.981(a)(4).
File Form 12.981(a)(6) and receive the Office of Vital Statistics search results before the final hearing.
The judge holds a final hearing. Both petitioning spouses attend, and the child usually attends as well. If all consents are in order and the registry search returns no claim, the judge signs Form 12.981(b)(2), Final Judgment of Stepparent Adoption. The court file is sealed after the final hearing.
The forms below are Florida Supreme Court Approved Family Law Forms in the 12.981 series, governing stepparent adoption. All forms are available on FlCourts.gov and through JusticeXpress Florida as fillable PDFs.
| Form Number | Form Title | When Used |
|---|---|---|
| 12.981(a)(1) | Stepparent Adoption: Consent of Mother | Filed in every case where the mother's rights are still intact. |
| 12.981(a)(2) | Stepparent Adoption: Consent of Adoptee | Required when the child is age 12 or older. |
| 12.981(a)(3) | Stepparent Adoption: Consent of Father | Filed when the biological father's rights are still intact and he consents. |
| 12.981(a)(4) | Stepparent Adoption: Affidavit of Diligent Search | Filed when the other parent's location is unknown. |
| 12.981(a)(5) | Stepparent Adoption: Affidavit of Nonpaternity | Filed when a man with possible paternity claim disclaims it. |
| 12.981(a)(6) | Motion for Search of the Putative Father Registry | Required in every case. |
| 12.981(a)(7) | Order on Motion for Search of Putative Father Registry | Proposed order submitted with the motion. |
| 12.981(b)(1) | Joint Petition for Adoption by Stepparent | The main petition — required in every case. |
| 12.981(b)(2) | Final Judgment of Stepparent Adoption | Proposed order for the judge to sign at the final hearing. |
| Form Number | Form Title | When Used |
|---|---|---|
| 12.981(c)(1) | Petition for Adoption of Adult by Stepparent | The main petition for an adult stepchild adoption. |
| 12.981(c)(2) | Consent of Adult Adoptee's Spouse | Required when the adult being adopted is married. |
| 12.981(d)(1) | Consent of Adult Adoptee | The adult stepchild's own written consent. |
| 12.981(d)(2) | Final Judgment of Adoption of Adult by Stepparent | Proposed order for the judge to sign. |
| Form Number | Form Title |
|---|---|
| 12.902(d) | Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit |
| 12.910(b) | Summons: Personal Service on an Individual |
| 12.915 | Designation of Current Mailing and E-mail Address |
| 12.923 | Notice of Hearing (General) |
The Final Judgment of Stepparent Adoption is a powerful legal order. It does five things at once: 1. Terminates all legal rights and duties of the absent biological parent toward the child — including the duty to pay child support going forward. 2. Establishes the stepparent as the child's legal parent for all purposes, including inheritance under Florida intestacy law. 3. Authorizes a new birth certificate listing the stepparent as the child's parent. The amended certificate is issued by the Florida Office of Vital Statistics on request. 4. Changes the child's legal name if a name change was requested in the petition. 5. Seals the court file. After the final hearing, the file can be opened only by court order. Important: the adoption does not erase a back child-support arrearage that accrued before the final judgment. Past-due support remains collectible by the parent who was owed it.
Filing without a Putative Father Registry search. Section 63.054 makes the search mandatory. Cases without it get continued, every time. • Treating an Affidavit of Diligent Search as a checkbox exercise. Judges read these carefully. A vague affidavit gets rejected and the hearing is reset. • Missing the child's consent when the child is 12 or older. The consent must be signed in front of a notary and two witnesses, just like an adult consent. • Forgetting the UCCJEA affidavit. The court has no jurisdiction to enter a final judgment without it. • Assuming the absent parent's silence is enough. Silence is not consent — service or a proper affidavit is still required.
A pro se stepparent adoption is realistic when all of the following are true: the other biological parent will sign a consent or an affidavit of nonpaternity, the child is willing (if 12 or older), no party is contesting the adoption, and no Indian Child Welfare Act issues are present. Hire a licensed Florida family-law or adoption attorney when any of these factors are present: • The other biological parent is contesting the adoption or threatening to. • Termination of the other parent's rights requires proof of abandonment, unfitness, or failure to support. • The child is a member of, or eligible for membership in, a federally recognized Native American tribe. • There is an existing out-of-state custody order. • The child has received Social Security, military, or tribal benefits tied to the other biological parent.
JusticeXpress Florida provides the full set of Florida Supreme Court Approved family law forms in the 12.981 series as fillable PDFs, available individually at $9 per document with no subscription. We also offer our Legal Document Preparer Review Service for stepparent adoption filings — we check your completed forms for missing fields and inconsistencies, and we advise on where and how to file in your county. Our review service does not provide legal advice and cannot advise you on whether stepparent adoption is the right legal strategy for your family.
This page provides general legal information about Florida stepparent adoption procedure. It is not legal advice and does not create an attorney-client relationship. Florida adoption law is governed by Chapter 63, Florida Statutes, and is subject to change. JusticeXpress Florida is not a law firm, and our staff are non-attorneys who may not give legal advice. For advice about your particular situation, consult a licensed Florida attorney.
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