Performing a stepparent adoption is one of the most rewarding aspects of being a family lawyer. Most of my time is spent litigating divorces and post divorce proceedings, so the chance to help a family come together is a welcome change of pace.
This article is for educational purposes only, and is designed to be a brief overview of how the stepparent adoption process works in Sarasota, Florida. I am a family law lawyer located in Venice, Florida and perform stepparent adoptions in Venice, Sarasota, Bradenton, Port Charlotte and the surrounding areas.
Contested vs. Uncontested Stepparent Adoptions
Like a fingerprint, each person’s stepparent adoption is unique to that person. The biggest variable is whether the parent giving up the adopted child (the person whose parental rights are being terminated) is going to contest the adoption or not.
If the biological parent giving up their rights is not interested in contesting the proceeding, we typically have them sign a consent. If the consent is signed then they do not need to be involved with the proceedings any further. If they will not sign a consent then they need to be served with notice of the adoption proceedings and be given an opportunity to respond. If they are served with notice and respond contesting the adoption, then the court will conduct a hearing to determine whether the adoption is in the best interests of the child.
If the child to be adopted is over the age of 12, then they too must sign a consent. All consent forms need to be signed with 2 witnesses and a notary.
The Adoption Petition
The adoption petition is the heart of the adoption proceeding, and states all of the relevant facts required under the Florida Statutes to support the adoption. This is where common information, including the names of the parties, is noted. This is also where the adopting parent outlines why they wish to adopt the child and that they can support the child. If the child’s name is going to be changed then that information needs to also be included in the petition.
The adoption petition is a “verified” petition, which means that it is a sworn document signed by the client, and it needs to be signed in the presence of a notary public.
It is also common to have the biological parent sign the Petition as well. This is called “Joint Petition” where both the biological parent and stepparent sign the paperwork together.
Requirements Prior to the Final Hearing
Before the parties can go in front of the judge and complete the stepparent adoption, there are a number of steps that need to be adhered to. The exact steps will depend slightly on the circumstances.
A search of the Florida Putative Father’s Registry will need to be performed; even if the biological father is known. If the adoption involves an adoption agency or a surrendered infant documents need to be filled out and filed in the case.
These ducks all need to be in a row prior to contacting the Judge’s office to schedule a final hearing. Depending on the judge there may be strict requirements prior to scheduling a final hearing. Some judges will require an “adoption checklist” signed by the attorney handling the adoption to be filed prior to granting permission to set the final hearing.
The Final Hearing
The final hearing is the culmination of the stepparent adoption. If all of the paperwork has been properly completed, and if all of the procedural hoops have been jumped through, the final hearing should be relatively short. The Judge will want to meet with the parties and the child to review the petition and ask any final questions prior to signing off on the final judgment. Generally, a final hearing for an uncontested stepparent adoption should not take more than 10 minutes. People are usually surprised at how quickly the final hearing goes.
Once the Judge signs the Judgment, the paperwork is taken to the Clerk of Court for recording. At this point the adoption is complete.
On average, a typical uncontested stepparent adoption will take 2-3 months to finish.
Sarasota County Stepparent Adoptions – Final Thoughts
I hope this article has been helpful for those considering a stepparent adoption. Like most legal procedures, a lot of care and planning is required up front to avoid any problems when it’s time for a final hearing. My role as an attorney is to guide you through the process.
If you are interested in a stepparent adoption in Sarasota, Manatee, or Charlotte County then I invite you to contact me to discuss your adoption further. Please feel free call my office at 941-882-4367 or you can send me an email atdan@danpolicastrolaw.com
