Step Parent Adoptions in Orlando, Florida

A step parent may adopt his or her step child in Orlando and the entire state of Florida if the biological parent consents in writing to the adoption, if the consent if excused by the court or adjudged not to be necessary.

The consent of the biological father of the step child is required under Florida law the following circumstances:

1) The minor was conceived or born while the father was married to the mother;

2) The minor is his child by adoption;

3) The minor has been adjudicated by a court to be his child by the date a petition is filed for adoption and termination of parental rights; or

4) The biological father has filed an affidavit of paternity pursuant to section 382.013(2)(c), Florida Statutes, by the date a petition is filed for termination of parental rights and adoption; or

5) In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with all other requirements.

If the biological parent’s consent is required, a court or judge may waive if the following facts are proven:

1) A biological father or mother has deserted a child without means of identification or has abandoned a child. “Abandoned” means a situation in which the parent of a child, while being able, makes no provision for the child’s support and makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities. If, in the opinion of the court, the efforts of such parent of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child’s mother during her pregnancy.

2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.

3) A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable.

A judgment of step parent adoption, whether entered by a Florida court, another state, or of any other place, has the following effect:

1) The judgment of stepparent adoption relieves the birth parent 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.

2) The judgment of stepparent adoption terminates all legal relationships between the adopted person and the adopted person’s relatives, 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.

3) Except for rights of inheritance, the judgment of stepparent adoption 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 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.

4) However, if one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child thereafter adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption and, unless the court orders otherwise, the adoption will not terminate any grandparental rights delineated under chapter 752, Florida Statutes. A close relative of a child is the child’s brother, sister, grandparent, aunt, or uncle.

Please be aware that if a step parent adoption is entered and the step parent and biological parent subsequently separate or divorce, the step parent will have an ongoing duty to provide support for the adopted child after a separation or divorce.

If you desire to adopt your step child and can obtain the written consent of the biological parent, or can make a strong case of abandonment, or believe that the biological father’s consent may not be necessary, please contact Attorney Michael Fender’s office to schedule an appointment to discuss your case. It is critical that a lawyer be involved when adopting a child.
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Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. If you are in need of a lawyer, please contact attorney Michael Fender’s office at 407-629-1886 or visit Attorney Fender’s website.