Jacksonville Florida Stepparent Adoption - Consent and Waiver by Parent
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FAQ
Consent or notice is also required for any party in a pending paternity, custody, or termination of parental rights proceeding. In Florida, children over the age of 12 must consent to their own adoption.
Adopting Without Consent of One Parent The state of Florida takes the parental rights of biological parents very seriously. If the non-consenting parent isn't present in the child's life and refuses to give up their rights, the court may deny the adoption request.
Unfortunately, in Florida stepparents have no legal rights in regards to minor children who are not biologically their own, unless the biological mother or father agrees to the step parent adopting the child/children.
A stepparent does not have an independent right to adopt. Instead, the stepparent must have the consent of the biological parent whose rights are being terminated. However, the need for consent may be waived in some situations where that person cannot be found or has abandoned the child.
Throughout the United States, Florida included, an unwed mother has a legal right to give a child up for adoption without the father's consent unless he takes specific steps to declare his paternity within a specified period of time.
Parental rights can be terminated in connection with a dependency proceeding or in connection with an adoption proceeding. In either case, the individual or entity seeking the termination of a parent's rights must file a petition with the court that sets forth the reasons why parental rights should be terminated.
The child's biological father's consent is very important for the adoption process to happen smoothly. Here, there can be two situations: if your wife's first husband has passed away, then consent is not an issue at all as your wife becomes the natural guardian.
The consent of the biological and legal parents is not required to complete such an adoption; however, the petitioner must provide notice to the biological or legal parents. A consent for adoption is valid and binding only when executed pursuant to the specific requirements of Florida law.
Adopting a stepchild in Florida requires the stepparent to (1) get any required consents, (2) file the adoption petition and accompanying documents in the appropriate county, (3) attend a final Court hearing, and (4) finally obtain an amended birth certificate.