Understanding Adoption Options in Florida: Stepparent Adoptions vs. Second-Parent Adoptions

Publications Feb 27, 2024 Fort Lauderdale, FL

While both stepparent adoptions and second-parent adoptions share the goal of solidifying familial bonds, they differ significantly in their procedures, legal implications, and the dynamics they shape within modern families. Whether you’re a stepparent considering formalizing your role in your stepchild’s life or a non-biological parent seeking to establish legal ties with your shared child, the below information aims to provide clarity and guidance as you navigate the adoption process in the Sunshine State.

Stepparent Adoptions

Stepparent adoptions involve a stepparent seeking legal parental rights over their spouse’s child. Successfully navigating this legal procedure demands an in-depth understanding of Florida’s adoption laws and procedural intricacies.

How does one start the process? Stepparent adoptions start with both the stepparent and the spouse filing a Joint Petition for Stepparent Adoption. The crucial requirement is being married; you must provide the court with a valid marriage certificate to proceed with this type of adoption. However, filing the Joint Petition marks just the beginning of the adoption process. Following this step, the other parent of the child—your spouse’s ex—will have the opportunity to contest the adoption if they wish to do so. They may also consent to the adoption and save you time (and money) during the process.

Second Parent Adoptions

If you’re in a committed relationship but not married and wish to adopt your partner’s child, you’d be pursuing a second-parent adoption (applies to heterosexual and same-sex partners). While not as common as stepparent adoptions, second-parent adoptions grant legal recognition to a non-biological parent, solidifying their rights and responsibilities towards the child. This is done with the consent of the legal parent, without changing that parent’s rights and responsibilities.

Becoming a second parent grants the child various entitlements, including financial assistance, health coverage, retirement benefits, social security, inheritance, and other essential safeguards. In the unfortunate event of one parent’s death or incapacity, the rights and duties of the second parent toward the child remain safeguarded. Additionally, the adoptive parent may secure rights regarding parental responsibility and timesharing, irrespective of the relationship status of the partnership.

Embarking on the journey of stepparent or second-parent adoption in Florida demands legal expertise and compassionate guidance. If you are looking for more information about adoption, please contact me at [email protected].

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Understanding Adoption Options in Florida: Stepparent Adoptions vs. Second-Parent Adoptions

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