Step-Parent Adoption


Adoption of a child by a stepparent.

The divorce rate in the U.S. is very high. However, many of those, who have gone through the traumatic experience of seeing their marriages destroyed, will sooner or later establish a new family. It is not uncommon that men and women enjoying the custody of the children of their former marriage get married again. At that point one or both spouses find themselves in a situation where they have to act as the father/mother of his/her spouse’s... children. However, the fact of acting as stepfather/stepmother does not imply they are legally natural guardians of the father or mother of the other spouse’s children. Actually, as established in the Florida Statutes a spouse can only became natural guardian of the other spouse’s children by adopting the other spouse’s children. Adoption by a step parent is the most common system of adoption. It seldom requires the involvement of an adoption agency, but most certainly you will need to hire the services of an Attorney. It usually also requires the cooperation of the biological father or non-custodial parent since it is his/her rights that are going to be terminated.

There is no one description of people who can be prospective adoptive parents. However you should take into account what is set forth in chapter 63 of the Florida Statutes : “(2) The following persons may adopt:(a) A husband and wife jointly;(b) An unmarried adult; or(c) A married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if:

1. The other spouse is a parent of the person to be adopted and consents to the adoption; or
2. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child.”

If you have the ability to love a child, to provide the basics for a child and to make a lifelong commitment, you can be an adoptive parent. There is are things however that can affect your ability to adopt such as prior felony convictions, DCF investigations and/or proceedings or drug, alcohol or other substance abuse.

Law Offices of
Jonathan A Torres, LLC
1180 Spring Centre S. Blvd., Suite 355
Altamonte Springs, FL 32714 
Tel: (407)- 865-9212
Tel: (407)-953-5818

Fax: (321)-296-7122