Does Florida Permit Relatives to Adopt a Child?

The notion of adoption is usually associated with a couple working with an adoption agency to add a baby or young child to their family. Certainly, this type of adoption does happen on a regular basis, but as recently discussed on this blog, there are other kinds of adoption that do not involve strangers taking an unknown child into their home. Stepparents and relatives also seek to adopt in certain circumstances. Why a stepparent would wish to adopt a stepchild is easy to understand since he/she is already functioning in a parental capacity, but why a relative would want to adopt a child might not seem so clear. Society and the law prefer and expect parents to take the primary role in raising their children, with friends and relatives only providing limited support as necessary. However, circumstances can arise, especially if a child has only one parent, that requires another family member to assume the role of parent. Examples of when relative adoption could be a good choice include the death of the parent(s), a seriously debilitating injury or illness, or child abandonment. Florida promotes placing children in stable and permanent homes with relatives over unrelated and unknown adults. As a result, adoption procedures for relatives are simplified compared to a standard adoption. A discussion of who qualifies to petition for a relative adoption, and how it differs from the standard adoption procedure, will follow below.

Who Can Petition for a Relative Adoption?

While any adult is generally permitted to adopt another person, because of the special status afforded to relatives in the adoption process, only certain individuals qualify as a “relative” for this purpose. Under Florida adoption law, to qualify as a relative the adult must be related to the child within the “third degree of consanguinity.” This means the adult must be biologically related to the child, and not merely through marriage, and includes the following relations:

• grandparents;
• aunts and uncles;
• first cousins;
• great grandparents;
• nieces and nephews; and
• siblings.

Most relative adoptions involve grandparents or aunts and uncles, all of whom easily qualify as a relative according to Florida law. More distant relatives wishing to adopt would have to follow the standard adoption procedure.

Relative vs. Standard Adoption

The two biggest differences between a standard and relative adoption is the need for a home study and two separate proceedings to terminate parental rights and finalize the adoption. A home study is an assessment the adoption agency must conduct prior to the termination of the biological parents’ rights that verifies whether the home is suitable, and if the placement is in the best interests of the child. Stepparent and relative adoptions are specifically excluded from this requirement, though a court has the option of ordering a home study for good cause, such as a history of violence in the relative’s home. In addition, standard adoptions require the adoptive family to petition separately to terminate parental rights and to finalize the adoption. This staggered process adds a lot of time and expense to the adoption process. Relative adoptions are not subject this requirement, and relatives can file one petition to both terminate parental rights and finalize the adoption. This shortened process makes the entire procedure take a few months instead of a year or more. Note that one crucial difference between stepparent and relative adoptions is the need to terminate the parental rights of both, and not just one, parent.

Once the adoption is complete, the relative becomes the child’s parent for legal purposes with all the rights and obligations granted and imposed on a child’s natural parents.

Talk to a Tampa Florida Adoption Attorney

If you are a stepparent or relative seeking to adopt a child, you need the services of an experienced adoption attorney to ensure the process is handled correctly. While these types of adoptions are simpler, the legal requirements are still somewhat complicated. The Tampa Bay law firm All Family Law Group, P.A. will guide you through this process step-by-step, and help you to walk away with a momentous event to celebrate.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

How to Petition for a Stepparent Adoption in Florida

Most depictions of stepparents in the media present callous individuals who detest any children from the first marriage. This image of the cruel stepparent diminishes the many caring and healthy relationships shared between stepchildren and their stepparents. In fact, some stepparents become so attached they petition to adopt the stepchild, thereby assuming all rights of a natural parent. While there is no denying the emotional aspect of adoption, it also grants the adopting adult important rights to make decisions related to the child and petition for custody if the adoptive and biological parents later divorce. The act of adopting a stepchild can have a profound effect on the child’s life, as seen in a news story about a stepfather who surprised his 11 year-old stepson with an adoption certificate last Christmas. The procedure for stepparent adoption is generally easier than a traditional, formal adoption, but certain standards do need to be satisfied before a court will sign-off on the request.

Is the Stepparent Eligible to Adopt?

Any request for adoption must start with an assessment of whether the person seeking to adopt is eligible. In Florida, the spouse of a child’s natural parent is eligible to petition for adoption as long as the other spouse consents, or is excused by the court from consenting. Most adults are generally able to adopt, unless a person has a physical or mental disability that affects the ability to parent. Courts are reluctant to grant legal rights to individuals that cannot fulfill the parent role, and are likely to deny the adoption petition under such circumstances.

Filing a Petition

Once eligibility is determined, a petition is filed with the local circuit court asking permission to grant the adoption. The petition must contain certain information for a court to accept it, and the provisions that are most important include whether consent from the other biological parent was given and why the stepparent wishes to adopt the child. After the petition is submitted, the child’s other parent must be notified about the pending petition request before a court can rule on it.

Consent from Biological Parents

The crucial part of any adoption, stepparent included, is obtaining the consent of both biological parents, or showing why such consent is not necessary. In stepparent adoptions, the consent of at least one parent is basically presumed, but the real issue lies with whether the child’s other biological parent will protest the adoption petition. If the other parent decides not to consent, it is still possible to proceed with the adoption if grounds exist that make consent unnecessary. These include:

• the parent deserted or abandoned the child;
• the parent had his/her parental rights terminated by a court; or
• the parent was determined by a judge to be legally incompetent, and is unlikely to regain competency.

In addition, consent may not be necessary from the child’s father if the man did not establish himself as a legal parent. These exceptions exist because a father is not always presumed to be a child’s legal parent since, absent genetic testing, biological relation to the child is not guaranteed. Consequently, a father’s consent is only needed if one of the following is true:

• the man was married to the child’s mother at the child’s birth;
• the man previously adopted the child;
• a court determined he is the child’s father;
• the man filed an affidavit of paternity; or
• the man acknowledged paternity in accordance with Florida law.

Contact a Florida Adoption Attorney

Adoptions are events worthy of celebration, but the correct procedure must be followed to ensure a court will authorize a petition. Working with an experienced adoption attorney can relieve the stress of wondering if your petition will be accepted, and make the entire process much more perfunctory and simple. All Family Law Group of Tampa Bay knows how to build a strong petition in favor of adoption, and is available to help you complete your family.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+