Florida Stepparent Adoption Petition and Decree Filing Packet

FLORIDA STEPPARENT ADOPTION — PETITION AND DECREE FILING PACKET

PART 1 — PRE-PETITION ELIGIBILITY AND CONSENT CHECKLIST

Adopting Stepparent (Co-Petitioner): [________________________________]
Spouse (Custodial Birth Parent / Co-Petitioner): [________________________________]
Date of Marriage: [__/__/____]
Child to be Adopted: [________________________________]
Child's Date of Birth: [__/__/____]
County of Filing (Circuit Court of [_______________] County, Florida): [________________________________]

Eligibility Checklist (Fla. Stat. § 63.042)

☐ Adopting stepparent is an adult.
☐ Adopting stepparent is married to and joins petition with the child's legal birth parent (§ 63.042(2)(c)).
☐ Petitioner is a resident of Florida (or jurisdictional connection established).
☐ Marriage certificate attached as Exhibit A.

Consent Checklist (Fla. Stat. §§ 63.062, 63.082, 63.054)

☐ Written consent of custodial birth parent / spouse of petitioner (§ 63.062(1)(a)/(b)).
☐ Written consent of non-custodial birth parent OR alternative:
☐ Consent under § 63.082 (witnessed by 2 nonrelative witnesses or notarized)
☐ Affidavit of Nonpaternity (Form 12.981(a)(4)) by alleged father
☐ Termination of parental rights under §§ 63.087–63.089 (grounds pleaded)
☐ Consent waived under § 63.064 (abandonment, incompetency, prior termination)
☐ Death of non-custodial parent (death certificate attached)
☐ Written consent of child age 12 or older (§ 63.062(1)(c)) OR motion to dispense with child's consent in child's best interest.
☐ Court having jurisdiction over custody consents, if applicable (§ 63.062(1)(e)).
☐ Florida Putative Father Registry search complete (§ 63.054).
☐ ICWA inquiry complete.
☐ Disclosure under § 63.085 provided.

Home Study (Fla. Stat. § 63.092)

☐ Preliminary home study under § 63.092 is generally NOT required for a stepparent adoption (§ 63.092(3)). Petitioner requests waiver of preliminary home study.
☐ Final home investigation under § 63.125 may also be waived in stepparent adoptions absent court order. Petitioner requests waiver.
☐ If the court orders a study, petitioner consents and identifies investigator: [________________________________].

PART 2 — JOINT PETITION FOR ADOPTION OF MINOR CHILD BY STEPPARENT (Companion to Fla. Fam. L. Form 12.981(b)(1))

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
IN AND FOR [____________________] COUNTY, FLORIDA

Case No.: [____________________] Division: [____________]

JOINT PETITION FOR ADOPTION OF MINOR CHILD BY STEPPARENT

[STEPPARENT NAME] ("Stepparent-Petitioner") and [SPOUSE NAME] ("Legal Parent-Petitioner"), under oath, jointly petition this Court for adoption of the minor child described herein, and allege:

1. Petitioners. Stepparent-Petitioner is an adult resident of [ADDRESS], [COUNTY] County, Florida, born [__/__/____]. Legal Parent-Petitioner is the biological/legal parent of the minor child, also residing at the same address.

2. Marriage. Petitioners were married on [__/__/____] in [CITY, STATE/COUNTRY], and remain married. A certified copy of the marriage certificate is attached as Exhibit A.

3. Minor Child. The minor child the subject of this petition is:
   Legal Name: [________________________________]
   Date of Birth: [__/__/____]
   Place of Birth: [________________________________]
   Sex: [____]
   Current Residence: [________________________________] (with Petitioners since [__/__/____])
   Certified birth certificate attached as Exhibit B.

4. Other Birth Parent / Legal Father.
   Name: [________________________________]
   Last Known Address: [________________________________]
   Status:
   ☐ Consents (Exhibit C, Form 12.981(a)(2))
   ☐ Affidavit of Nonpaternity (Exhibit D, Form 12.981(a)(4))
   ☐ Parental rights to be terminated under §§ 63.087–63.089 (grounds pleaded in Part 6)
   ☐ Previously terminated (Exhibit E)
   ☐ Deceased (Exhibit F)

5. Florida Putative Father Registry (§ 63.054). Petitioners have requested a search of the Florida Putative Father Registry maintained by the Office of Vital Statistics, Florida Department of Health. The certificate of search is attached as Exhibit G.

6. Consent of Child Age 12 or Older. ☐ The child is under 12 and consent is not required. ☐ The child is age 12 or older and has consented (Exhibit H, Form 12.981(a)(3)). ☐ Petitioners request the Court dispense with the consent of the child in the child's best interest (§ 63.062(1)(c)).

7. Indian Child Welfare Act. The child ☐ IS NOT ☐ MAY BE an Indian child under 25 U.S.C. § 1903.

8. Home Study / Preliminary Study (§ 63.092). Petitioners request that the preliminary home study and final home investigation be waived because this is a stepparent adoption (§§ 63.092(3), 63.125(2)).

9. Disclosure (§ 63.085). Required disclosure has been provided.

10. Name Change. Petitioners request that the child's name be changed to [________________________________].

11. Best Interest. Adoption by Stepparent-Petitioner is in the manifest best interest of the child.

12. Fees and Expenses. No money or anything of value has been paid in connection with this adoption other than as authorized by § 63.097. An Affidavit of Expenses is attached.

WHEREFORE, Petitioners request that this Court:
(a) Terminate the parental rights of [NON-CUSTODIAL PARENT NAME] (if not previously terminated);
(b) Grant the adoption of the child by Stepparent-Petitioner;
(c) Order that the child shall thereafter be the legal child of Stepparent-Petitioner and Legal Parent-Petitioner jointly for all purposes (§ 63.172);
(d) Change the child's name to [________________________________];
(e) Direct the Florida Office of Vital Statistics to issue an amended birth certificate (§ 63.152);
(f) Waive the preliminary home study and final home investigation; and
(g) Grant such other relief as is just.

Respectfully submitted on [__/__/____].

_____________________________________ _____________________________________
[STEPPARENT NAME] [SPOUSE NAME]
Stepparent-Petitioner Legal Parent-Petitioner

VERIFICATION

STATE OF FLORIDA, COUNTY OF [____________________]
I have read this petition and the facts alleged are true to the best of my knowledge and belief. Pursuant to § 92.525, Florida Statutes, I declare under penalty of perjury that the foregoing is true.

_____________________________________ _____________________________________
[STEPPARENT NAME] [SPOUSE NAME]

Sworn to before me on [__/__/____] by the above-named affiants, who are personally known or produced [____________________] as identification.

_____________________________________ Notary Public, State of Florida

PART 3 — CONSENT OF CUSTODIAL BIRTH PARENT (Spouse of Petitioner) — § 63.082

I, [SPOUSE NAME], am the biological/legal parent of [CHILD'S NAME], born [__/__/____]. I am the present spouse of [STEPPARENT NAME]. I freely and voluntarily CONSENT to my child's adoption by my spouse and JOIN in the joint petition. I understand that this stepparent adoption does NOT terminate my own parental rights.

Dated: [__/__/____] _____________________________________ [SPOUSE NAME]

Executed before:
Witness 1: _____________________________________ Date: [__/__/____]
Witness 2: _____________________________________ Date: [__/__/____]
OR
_____________________________________ Notary Public, State of Florida

PART 4 — CONSENT OF NON-CUSTODIAL BIRTH PARENT (Fla. Fam. L. Form 12.981(a)(2); § 63.082)

I, [________________________________], am the biological [mother/father] of [CHILD'S NAME], born [__/__/____]. I have read the petition and fully understand its terms.

I freely and voluntarily CONSENT to the adoption of the child by [STEPPARENT NAME]. I acknowledge:

☐ My parental rights will be permanently terminated upon entry of the Final Judgment of Adoption.
☐ I will have NO right to custody, visitation, future notice, or inheritance through the child.
☐ My future child-support obligation terminates; any past arrears survive.
☐ I have been informed of my right to retain independent counsel.
☐ I have received the disclosure required by § 63.085.
☐ Pursuant to § 63.082(7), this consent is irrevocable upon execution except as provided by Florida law (fraud, duress, withdrawal within statutory window).

Dated: [__/__/____] _____________________________________

Executed in the presence of two non-relative witnesses OR before a notary:

Witness 1: _____________________________________ Address: [________________________________]
Witness 2: _____________________________________ Address: [________________________________]

State of [_______], County of [_______]
Sworn to before me on [__/__/____].
_____________________________________ Notary

PART 5 — AFFIDAVIT OF NONPATERNITY (Fla. Fam. L. Form 12.981(a)(4); § 63.082)

STATE OF [_______], COUNTY OF [_______]

I, [________________________________], being sworn, state:

1. I am [____] years of age.
2. The mother of the minor child [CHILD'S NAME] is [________________________________].
3. I am NOT the biological father of the child and waive any right I may have to receive notice of the adoption proceedings.
4. I freely and voluntarily disavow paternity of the child and consent to the entry of any order necessary to facilitate the child's adoption.

Dated: [__/__/____] _____________________________________

Witness 1: _____________________________________ Witness 2: _____________________________________
Sworn to before me on [__/__/____].
_____________________________________ Notary

PART 6 — PETITION TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION (§§ 63.087–63.089) [If Non-Consenting]

Petitioners, in accordance with §§ 63.087 and 63.089, allege grounds for termination of parental rights of [NON-CUSTODIAL PARENT NAME]:

☐ (a) Written surrender / consent (already obtained);
☐ (b) Abandonment as defined in § 63.032(1) — the parent, while able, has made no significant contribution to the child's care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child;
☐ (c) Failure to comply with § 63.062(2) — unmarried biological father failed to file with Florida Putative Father Registry and failed to satisfy the substantial relationship/financial support criteria;
☐ (d) Court findings under § 39.806 (involuntary termination grounds incorporated by reference);
☐ Other: [________________________________].

Specific facts: [____________________________________________________________]

Diligent Search has been performed under § 63.088 and the Affidavit of Diligent Search (Form 12.981(a)(5)) is filed concurrently. Notice has been or will be served pursuant to § 63.088.

WHEREFORE, Petitioners request that the Court enter an Order Terminating Parental Rights of [NON-CUSTODIAL PARENT NAME] pending adoption.

PART 7 — CONSENT OF MINOR CHILD 12 OR OLDER (Fla. Fam. L. Form 12.981(a)(3); § 63.062(1)(c))

I, [CHILD'S NAME], born [__/__/____], am [____] years of age. I have read the petition. I CONSENT to my adoption by [STEPPARENT NAME] and (if applicable) to the change of my legal name to [________________________________].

Dated: [__/__/____] _____________________________________

Sworn before me on [__/__/____].
_____________________________________ Notary / Judge

☐ Alternative: MOTION TO DISPENSE WITH CHILD'S CONSENT under § 63.062(1)(c) — Petitioners request that the Court dispense with the consent of the child age 12 or older because dispensing with consent is in the best interest of the child. Specific reasons: [____________________________________________________________]

PART 8 — REQUEST FOR WAIVER OF PRELIMINARY HOME STUDY (§ 63.092(3))

Petitioners request that this Court WAIVE the requirement of a preliminary home study because:

1. The adoption is a stepparent adoption.
2. The child has resided with Petitioners since [__/__/____].
3. Section 63.092(3), Florida Statutes, expressly excepts stepparent adoptions from the preliminary home study requirement.
4. Section 63.125(2) likewise excepts stepparent adoptions from the final home investigation absent court order.

Dated: [__/__/____] _____________________________________ Petitioner

PART 9 — AUTHORIZATION FOR BACKGROUND AND CHILD ABUSE REGISTRY CHECKS

I, [STEPPARENT NAME], authorize release to the Court and to any court-appointed investigator the results of:

☐ Florida Department of Law Enforcement (FDLE) criminal history (fingerprint-based)
☐ FBI criminal history (fingerprint-based)
☐ Florida Department of Children and Families (DCF) Central Abuse Hotline / record check
☐ Florida Sex Offender Registry check
☐ Out-of-state child abuse registries for any state of residence within prior 5 years: [________________________________]

Dated: [__/__/____] Signed: [________________________________]
Date of Birth: [__/__/____] FL DL: [____________]

PART 10 — REQUEST FOR FLORIDA PUTATIVE FATHER REGISTRY SEARCH (§ 63.054)

To: Florida Department of Health, Bureau of Vital Statistics, Putative Father Registry, P.O. Box 210, Jacksonville, FL 32231

Petitioner requests a certified search of the Florida Putative Father Registry for:

Mother's Name: [________________________________] DOB: [__/__/____]
Child's Name (if known): [________________________________] DOB: [__/__/____]
Place of Birth: [________________________________]
Estimated Date of Conception: [__/__/____]

Petitioner is the prospective adoptive parent / attorney of record in adoption proceeding No. [____________________] pending in [_______________] County, Florida.

Search Certificate (attach): [________________________________]

Dated: [__/__/____] _____________________________________

PART 11 — FINAL JUDGMENT OF ADOPTION BY STEPPARENT (Companion to Fla. Fam. L. Form 12.981(b)(2))

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT, IN AND FOR [____________________] COUNTY, FLORIDA

Case No.: [____________________]
FINAL JUDGMENT OF ADOPTION BY STEPPARENT

THIS CAUSE came on for hearing on the Joint Petition for Adoption by Stepparent on [__/__/____]. The Court heard testimony and reviewed the petition, consents, Putative Father Registry certificate, criminal-history clearances, and other materials, and finds:

1. The Court has jurisdiction under § 63.102.
2. All necessary consents have been obtained or dispensed with as a matter of law.
3. The parental rights of [NON-CUSTODIAL PARENT NAME] have been terminated.
4. The Indian Child Welfare Act ☐ does not apply ☐ has been complied with.
5. Disclosure under § 63.085 has been provided.
6. Adoption by Stepparent-Petitioner is in the manifest best interest of the child (§ 63.022).
7. The preliminary home study and final home investigation are waived under §§ 63.092(3) and 63.125(2).

IT IS ADJUDGED:

1. The Joint Petition for Adoption by Stepparent is GRANTED.
2. From the entry of this Final Judgment, [CHILD'S NAME] is the legal child of [STEPPARENT NAME] and [SPOUSE NAME] jointly, with all rights and obligations of a natural parent-child relationship pursuant to § 63.172.
3. The child's name is changed to [________________________________].
4. The Clerk shall transmit a certified copy of this Final Judgment together with Form DH 522 (Certificate of Decree of Adoption) to the Florida Department of Health, Bureau of Vital Statistics, for issuance of a new birth certificate under § 63.152.
5. The adoption file shall be sealed pursuant to § 63.162.

DONE AND ORDERED in Chambers at [____________________] County, Florida, on [__/__/____].

_____________________________________
CIRCUIT JUDGE

Copies furnished to: Petitioners, Counsel, Office of Vital Statistics.

PART 12 — APPLICATION FOR NEW BIRTH CERTIFICATE (§ 63.152; Form DH 522)

To: Florida Department of Health, Office of Vital Statistics, P.O. Box 210, Jacksonville, FL 32231

Pursuant to § 63.152, Florida Statutes, the undersigned requests issuance of a new birth certificate following entry of the Final Judgment of Adoption attached hereto:

Adoptee's New Legal Name: [________________________________]
Date of Birth: [__/__/____] Place of Birth: [________________________________]
Adoptive Parent 1: [STEPPARENT NAME] DOB: [__/__/____] Birthplace: [________________________________]
Adoptive Parent 2: [SPOUSE NAME] DOB: [__/__/____] Birthplace: [________________________________]
Mailing Address for Return: [________________________________]

Enclosed: Certified copy of Final Judgment; Form DH 522 (Certificate of Decree of Adoption); applicable fee.

Dated: [__/__/____] _____________________________________

EXHIBIT INDEX

SOURCES AND REFERENCES

• Florida Adoption Act, Chapter 63, Florida Statutes
• Florida Family Law Rules of Procedure, Form 12.981 series
• Florida Office of Vital Statistics, Adoption FAQ and Form DH 522
• Florida Putative Father Registry: https://www.floridahealth.gov/certificates/certificates/putative-father-registry/

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Stepparent adoption in Florida requires use of mandatory Family Law forms (12.981 series) and complete compliance with the Florida Adoption Act. Consult a licensed Florida attorney before filing.