Florida Step Parent Adoption

A Florida step parent adoption is when one member of a married couple (who is not the legal parent of their spouse's child), adopts their spouse's child. The best interest of the child must be promoted in order for a court to grant the step parent adoption.The final order of adoption creates a relationship between the adoptee(s) and the petitioner and all relatives of petitioner that would have existed if the adoptee(s) was (were) a blood descendant of the petitioner.In Florida, anyone within a valid marriage can perform a step parent adoption, whether the married couple is heterosexual or same sex. The process for everyone that is married is the same.When performing a step parent adoption, it is important to ensure that the proper consents are obtained in order to properly terminate parental rights and grant parental rights to the spouse. For example, consent to adoption is typically required from the mother of the minor, and certain situations from the father. Depending on the age of the child, the child's consent may also be required to finalize the step parent adoption. Obtaining the proper consents is a fact intensive matter that is best analyzed by an attorney.The step parent requires a hearing in order to terminate parental rights and grant parental rights to the applicable step parent. Following the entry of the judge's order, a new birth certificate can be issued in the married couple's name and remove the reference to the parent whose rights were terminated.When a spouse wants to adopt their spouse's child, but one of the legal parents has passed away, the question becomes whether the child would lose their social security death benefit from the late parent should a new parent adopt the child and terminate parental rights of the parent who passed away. Pursuant to the Social Security Operations Manual, "the adoption of a child already entitled to benefits does not terminate the child's benefits".