Stepparent adoption in Florida offers a way to formalize a family relationship that already exists in your home. A joint petition for adoption by stepparent requires cooperation between both the biological parent and the stepparent, which streamlines the process significantly.
At Juliana Gaita, P.A., we guide families through this filing process step by step. This guide walks you through the requirements, eligibility rules, and exact procedures you’ll follow in Florida courts.
What Makes a Joint Petition Different in Florida Stepparent Adoption
A joint petition for stepparent adoption means both your spouse (the biological parent) and you (the stepparent) file together with the court. This differs fundamentally from a sole petition, where only one party initiates the process. In Florida, the joint petition approach is the standard path for stepparent adoptions because it reflects your actual situation: you’re a married couple making a unified decision to formalize parental rights.
How Florida Law Streamlines Joint Petitions
Florida Statute §63.102 treats stepparent adoptions as a streamlined category, allowing the biological parent and stepparent to petition simultaneously rather than sequentially. The biological parent’s consent is built into the joint petition itself, which eliminates a major procedural hurdle. This matters practically because it cuts processing time significantly. Uncontested stepparent adoptions in Florida typically take two to three months from filing to final judgment, according to data from county clerk offices across the state. The joint petition format makes that timeline achievable. If you filed separately or if consent were contested, you’d face six months or longer, potentially stretching into a year depending on court backlogs and whether termination of the absent parent’s rights requires a contested hearing.
When a Joint Petition Works Best
A joint petition is the right choice when both spouses commit to the adoption and the biological parent consents. If your spouse hesitates or if disagreement exists between you two, a joint petition won’t work and you must resolve that first. The other factor is whether the absent biological parent will consent or whether their consent can be waived. If the absent parent has abandoned the child (defined as lack of communication and financial support for an extended period), Florida courts can waive their consent under Florida Statute §63.064. If that parent is incompetent or their parental rights were previously terminated, consent is also waivable.
Required Documents and Consent Issues
A joint petition works smoothly when consent issues are settled before filing. You’ll need written consent from the absent parent or documentation of why their consent isn’t required. If the child is twelve or older, they must consent as well unless the court finds good cause to waive that requirement. The required documents include the Joint Petition for Adoption by Stepparent (form 12.981(b)(1)), consent forms from the biological parent and child if applicable, a UCCJEA Residency Affidavit to establish jurisdiction, an Indian Child Welfare Act Affidavit, and proof that you can provide financial and emotional support.
Understanding Costs and Next Steps
Filing fees range from $2,500 to $4,500 for an uncontested case when you work with an adoption attorney. These costs cover court filing, document preparation, and legal guidance through the petition process. Once you’ve gathered your documents and resolved consent matters, you’re ready to move forward with the actual filing-a process that requires precision and attention to detail at every stage.
What You Actually Need to Qualify for a Joint Petition
Consent Requirements That Make or Break Your Case
Before filing a joint petition, you and your spouse must satisfy Florida’s consent requirements, which form the backbone of whether your case moves forward smoothly or stalls entirely. The biological parent whose rights will be terminated must provide written consent through the Stepparent Adoption Consent and Waiver by Parent form (12.981(a)(1)), and this consent is non-negotiable unless the court waives it under specific grounds. Florida Statute §63.064 permits courts to waive consent only when the absent parent has abandoned the child (meaning no communication or financial support for an extended period), is declared incompetent, or had their parental rights previously terminated. If none of these conditions apply, you cannot proceed with a joint petition without that parent’s signature.
The child must also consent if they’re twelve or older via the Stepparent Adoption Consent of Adoptee form (12.981(a)(2)), though courts can waive this requirement for good cause. Your spouse, as the custodial biological parent, provides consent as part of filing the joint petition itself. This dual-consent structure makes the joint petition viable-both parties agree simultaneously rather than sequentially.
Documentation That Courts Require
Documentation requirements demand precision because Florida courts will not process incomplete filings. You’ll submit the Joint Petition for Adoption by Stepparent (form 12.981(b)(1)), the UCCJEA Residency Affidavit (form 12.902(d)) to establish the court’s jurisdiction over the child, and the Indian Child Welfare Act Affidavit (form 12.981(a)(5)) to confirm the child has no tribal enrollment. If the absent parent cannot be located after diligent search efforts, file an Affidavit of Diligent Search (form 12.981(a)(4)) documenting how you attempted to find them.
Financial disclosures show the court you can support the child; courts examine tax returns, employment letters, and bank statements to verify stability. These documents establish your capacity to meet the child’s needs going forward.
Residency, Jurisdiction, and Timeline Considerations
Florida residency is not required for the stepparent, but the child must have lived in Florida for at least six months before filing unless you’re pursuing adoption under other statutory provisions. Filing in the correct county matters-you file where the child resides or where your attorney is located. The entire uncontested process typically takes two to three months from filing to final judgment, provided all parties cooperate and documents are complete from the start.
Once you’ve gathered your documents and resolved consent matters, the actual filing process requires attention to detail at every stage. Understanding what happens next-how you serve notice to required parties and what the court review entails-determines whether your petition moves forward without delays.
Filing Your Petition and Moving Through the Court System
Submitting Your Complete Petition Package
You submit your joint petition to the circuit court clerk in the correct Florida county. The clerk assesses one filing fee that covers the adoption action, the declaratory statement petition if applicable, and the petition for termination of parental rights simultaneously. Bring or mail the Joint Petition for Adoption by Stepparent (form 12.981(b)(1)) along with the UCCJEA Residency Affidavit (form 12.902(d)), the Indian Child Welfare Act Affidavit (form 12.981(a)(5)), written consent from the absent parent via form 12.981(a)(1), and consent from your child if they’re twelve or older via form 12.981(a)(2)). Include the Cover Sheet for Family Court Cases (form 12.928) to organize your docket properly.
If the absent parent cannot be located, you submit the Affidavit of Diligent Search (form 12.981(a)(4)) documenting your search efforts, and you file a Motion for Search of the Putative Father Registry (form 12.981(a)(6)) along with the Order Granting that Motion (form 12.981(a)(7)). Florida courts process uncontested stepparent adoptions in approximately two to three months when all documents arrive complete and accurate.
Serving Notice to Required Parties
Personal service on the parent whose rights are being terminated is required unless they’ve already consented in writing. If that parent cannot be located despite diligent search efforts, you can use constructive service by publication, which means you publish notice in a local newspaper. The court will assign a judge to your case, and after service is complete and the judge reviews your petition, a final hearing date is scheduled.
What Happens at Your Final Hearing
Most final hearings last five to ten minutes, and many Florida counties now permit virtual hearings, eliminating the need to appear in person. The judge examines whether both spouses consent, whether the absent parent’s consent was properly obtained or waived, whether the child consents if required, and whether you’ve demonstrated financial and emotional capacity to support the child.
Receiving Your Final Judgment and Amended Birth Certificate
Once the judge approves your petition, you receive a Final Judgment of Stepparent Adoption (form 12.981(b)(2)), which terminates the absent parent’s rights simultaneously with the adoption decree. You then request an amended birth certificate listing you as a legal parent, and the original birth certificate is sealed. Court records for stepparent adoptions remain confidential and sealed, protecting your family’s privacy.
Final Thoughts
Filing a joint petition for adoption by stepparent in Florida requires both spouses to commit to the adoption and resolve consent issues before submission. The process typically takes two to three months from filing to final judgment in uncontested cases, and the streamlined nature of joint petitions makes this timeline achievable. You gather your documents, submit them to the circuit court clerk in the correct county, serve notice to required parties, attend a brief final hearing, and receive your amended birth certificate with the child’s new legal status secured.
The real challenge lies in preparing every document correctly and satisfying every consent requirement before you file. Missing forms, incomplete financial disclosures, or unresolved consent matters will delay your case significantly. An adoption attorney reviews your specific situation, identifies which consent requirements apply to your family, prepares all required forms accurately, and guides you through service and court procedures to help you avoid costly mistakes.
Contact an adoption attorney to discuss your case and move forward with confidence. At Juliana Gaita, P.A., we help clients throughout Florida navigate stepparent adoptions and answer your questions about whether a joint petition fits your situation, what documents you need, and what timeline to expect. Reach out to our team to schedule a consultation.
