Confirmatory adoption confirms a legal parent-child relationship when a parenting relationship already exists. Confirmatory adoption affirms the legal parent-child relationship when a child is born to a same-sex couple and in other circumstances where a parent is not a biological or gestational parent.
From the Florida adoption attorneys at Gulf Coast Adoptions, here is a guide to Florida adoptions for non-biological parents.
Understanding Confirmatory Adoption
Confirmatory adoption is a legal process affirming the parental rights of someone already recognized as a parent. The process clarifies and removes any question about the parental relationship and rights of parent and child.
Purpose
Confirmatory adoption provides security, peace of mind, and clarification of the rights of parent and child.
Types of non-parent adoptions
There are several types of non-parent adoptions. The appropriate type of adoption and the process depend on the situation.
Stepparent adoption
The process of a stepparent gaining full, legal rights as a parent. If the child has a legally recognized second parent, their rights must be terminated. The process is streamlined.
Second parent unmarried
Florida allows unmarried, second parents to adopt a child. Learn more about second-parent adoption.
Confirmatory, a child born to a married same sex couple
A child is born to one parent of a same-sex, married couple. Both parents may be listed on the birth certificate, but not always. Confirmatory adoption makes both parents the legal parents of the child.
Confirmatory, a child born through surrogacy or assisted reproduction
A child is born through assisted methods. Confirmatory adoption clarifies and confirms parentage. Florida allows gestational surrogacy contracts when they meet statutory requirements.
Why Confirmatory Adoption Matters in Florida
Confirmatory adoption involves people who already have an existing legal relationship with the child. The parent may even appear on the birth certificate. But confirmatory adoption still matters. Here are some ways it may benefit you and your child:
- Clarifies the parental relationship for custody and parenting time rights
- Removes doubt about decision-making authority and records access for medical care and emergencies
- Recognizes parental rights across state lines, where rules and processes may vary
Confirmatory adoption supplements the legal weight of being listed on a birth certificate. When others are involved – medical professionals, school employees, government administrators or even judges – they may not understand parental rights. They may have biases. The process of confirmatory adoption answers any questions or scrutiny they may give to the legal relationship, protecting the rights of both the parent and child.
The Legal Process of Confirmatory Adoption in Florida
Confirmatory adoption in Florida is open to married and unmarried parents already legally recognized in Florida. But the process is different.
Married parents
If a child is born to married parents, both parents automatically have parental rights. They have equal rights and responsibility to the child. This is true whether the parents are opposite sex or same sex.
Note: This is also true in circumstances where the husband is not the biological father of the child. (Fla. Stat. § 382.013). However, in that case, there can be legal actions to settle or disestablish paternity.
When parents are married at the time of the child’s birth, Florida will list both parents on the birth certificate. Unfortunately, this alone may not be enough to prevent confusion.
The process
When parents are married, the process is streamlined. The home study that is usually required for adoption is waived. (Fla. Stat. § 63.092(3)).
You must:
- File a petition with the court
- Submit the required documents, like the birth certificate and marriage certificate.
- Attend a final hearing.
The result is a court order saying that the adopting parent is the legal parent of the child.
Unmarried parents
When a person adopts a child, but they are not married to the other parent, it is not technically a confirmatory adoption. The process for the second parent adoption in the case of unmarried parents is like a traditional adoption – the detailed home study is required.
Common Misconceptions
MYTH: The birth certificate is enough
Birth certificates aren’t always recognized in other jurisdictions. Plus, people may be biased or discriminate, and a formal adoption can help address that.
MYTH: Only LGBTQ+ parents need a confirmatory adoption
Families using reproductive assistance and stepparents can also benefit from adoption.
MYTH: Legally, marriage automatically covers everything
Confirmatory adoption clarifies rights before there are questions or disputes.
Legal Assistance
You can have a lawyer for a confirmatory adoption. Your lawyer can help you streamline the process and prepare paperwork.
Pursuing Confirmatory Adoption in Florida
Confirmatory adoption is a smart legal step for non-biological parents in Florida. If you’re a married or unmarried couple, talk to a family law attorney to see if confirmatory adoption is right for you.
Contact Gulf Coast Adoptions
Contact us today to learn more about how we can assist you.