Florida recognizes both stepparent and second-parent adoption. The Florida adoption attorneys at Gulf Coast Adoptions explain the key differences and requirements.
Understanding Adoption Types in Florida
Stepparent adoption
When a husband or wife adopts their spouse’s child, it is a stepparent adoption. One parent is already the legal parent of the child, and their spouse also becomes the legal parent of the child.
Second parent adoption
Second parent adoption is the process of a person becoming the legal parent of a child when the child already has a legal parent. The second parent is not married to the child’s other parent at the time of adoption. Usually, the parents are domestic partners.
Importance of formalizing parental relationships
There are several reasons that it may be beneficial to formalize the parent-child relationship through a stepparent or second parent adoption. Parental rights and obligations come only with full, legal parent status. Stepparents and domestic partners do not have parental rights. In addition, formalizing the parent-child relationship creates rights regarding inheritance, medical care, and school records.
Key Differences Between Stepparent and Second-Parent Adoption
- Stepparent adoptions are usually faster. (See FL. Stat. § 63.022(4)).
- The courts generally give more scrutiny to a second-parent adoption than a stepparent adoption.
- Home studies are not required for stepparent adoption. They are required for second-parent adoption.
- Second-parent adoptions are usually more expensive.
- Use of an adoption entity is not required under FL. Stat. § 63.039(2) for a relative or stepparent adoption.
- Stepparent adoptions do not qualify for the adoption tax credit. Second-parent adoptions may qualify.
- Stepparent adoption may occur at the same time as the termination of parental rights. For second parent adoption, these are separate steps.
In all cases, the adopting parent must meet the legal qualifications for who may adopt (Florida Statutes § 63.042). The parent must be financially, physically, and morally able to be an effective parent. Disability alone is not grounds for denial.
Stepparent adoption vs. guardianship
Stepparent adoption confers permanent legal rights between the adoptive parent and child. Guardianship is temporary, and it may be revoked. When there is a stepparent adoption, the stepparent has equal legal status and rights regarding the child.
Stepparent, Second Parent Adoption, and Divorce
When there is a stepparent or second-parent adoption, what happens in the event of divorce?
If the parents were to divorce later, both would have equal standing to seek custody, parenting time, and child support. There is no preference given to a biological parent over a non-biological parent after adoption. There may still be arguments for having a closer bond with the child, but that may not necessarily be the case.
When there is a stepparent or second-parent adoption, the first parent doesn’t lose any rights. The adopting parent gains equal rights and obligations regarding the child. Child custody, parenting time, and child support may be disputed issues if the relationship between parents changes.
The Stepparent Adoption Process
The stepparent adoption process begins with a joint petition. The parents must be married. They must submit a valid marriage certificate. You must also present the child’s birth certificate.
The parent and adopting stepparent submit the petition, supporting documents, and consent or termination of parental rights. The court schedules a hearing to finalize the adoption.
If the child is more than 12 years old, they must consent to adoption.
The court may request additional information if a parent has a criminal history or a history of abuse and neglect.
Time in the home
There is no waiting period for a stepparent adoption. As soon as the parents are married, or whenever they choose after marriage, they can petition the court.
The Second Parent Adoption Process
The second parent adoption process begins with terminating parental rights, if necessary. In the case of a second parent, this step may not be necessary. You must complete a home study, which can be done at any time. You must submit supporting documentation. The court will hold a hearing to finalize the adoption.
The Role of the Other Biological Parent
There may be another parent who has legal rights that must be terminated before a second parent or stepparent adoption can proceed.
The parent may consent to terminate their parental rights. Florida Statutes § 63.064 says that consent may be waived if the parent has abandoned the child or if rights have been terminated. The court will only terminate parental rights involuntarily in extreme circumstances. Consent may not be required if the parents were unmarried and no steps were taken to establish or acknowledge paternity.
Note: There are some significant differences between states when it comes to second parents and the adoption process. Some states give legal status to both people when a child is born in a domestic partnership.
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