Step-Parent Adoption: Can My New Spouse Adopt My Child?

One of the advantages of marrying someone who has a minor child from either a prior marriage or a former relationship is the opportunity for the new spouse to adopt that child. But is this possible under Florida law and, if so, what are the legal rights and obligations that are created?

When a couple enters into a relationship – even to the extent of living together- and one party is a parent with a minor child, that child has no legal relationship to the non-parent party. The non-parent cannot register the child for school, take the child for medical attention, make legally binding decisions affecting the child, or act in any other manner as the ‘legal’ parent of that child. Conversely, the non-parent has no child support obligation nor is the non-parent entitled to timesharing (visitation) rights with the child in the event the relationship ends. This is true even if the relationship has lasted for most of the child’s life, and the child identifies with the non-parent as his or her ‘real father’ or ‘real mother’ as the case may be. In short, the non-parent is deemed a legal stranger to the minor child. Can this ever change and does the law allow the non-parent to assume full parental responsibilities for the minor child? Yes, if the non-parent and parent agree to permit the non-parent to adopt the minor child through a process known as ‘step-parent adoption.’

Florida law allows the non-parent and the parent of a minor child to file a Petition with the court to have the non-parent adopt the minor child following the marriage of the non-parent and the parent. It is important to remember that the child’s other parent (the birth mother or the birth father as relevant) must be notified of the court action at its inception and will be given the opportunity to accept or oppose the step-parent adoption. If there is opposition from the non-resident birth parent to the adoption, a hearing will be held for the court to determine the merits of the opposition and to grant or deny the step-parent adoption. If there is no opposition from the non-resident birth parent, the step-parent adoption will be granted.

Once the step-parent adoption Petition is granted by the court, the non-parent will be deemed the child’s natural parent for all purposes under Florida law. Thus, the non-parent becomes the ‘parent’ with all of the rights and obligations of a birth parent, such as the right to make joint decisions regarding the child’s education and welfare. However, should the relationship between the step-parent and the other parent end by divorce, the step-parent will have all of the rights and obligations of any birth parent. This may include the obligation to provide child support, and the right to have timesharing (visitation) with the child and to continue making joint decisions about the child.

Being a step-parent is a great experience and can unify a family. However, both the parent and the non-parent in the relationship need to understand the rights and obligations that will follow the step-parent adoption.

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