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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.
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.
An adult adoption may occur once the potential adoptee reaches the age of 18 or older. At that time, the only consent required is that of the adult wishing to be adopted and, of course, the person willing to adopt.
In Florida, any single adult can petition to adopt an adult, or a married couple must petition jointly. LGBT couples and stepparents can adopt their spouse's child through a stepparent adoption if they're under 18, or an adult adoption if they're 18 or older, to establish the same legal parental rights as their spouse.
The biological father is the natural guardian of the child. So to file an application in the court to get an adoption order, consent of the other biological parent is required.
Anyone may be adopted in Florida. Children aged 12 or older must give their consent to the adoption unless the court decides that waiving the child's consent is in their best interest.
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.
Yes, the biological father does have a right to object to the adoption. In order to complete the step-parent adoption, the biological father's rights must be terminated. The biological father's consent is not required, but it can make the process easier.
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.