Florida Law Simplifies Stepfather Adoptions

Florida residents seeking to adopt their spouse's child now have a streamlined process. The Florida Supreme Court approved Family Law Form 12.981(a)(3), Affidavit of Nonpaternity, effective March 15, 2015, simplifies adoptions for stepfathers when the biological parents were never married and paternity was not legally established.

The affidavit allows a stepfather to proceed with adoption without a consent form from the biological father. It can be completed before the child's birth. Signing the affidavit means the individual waives their right to notice for future adoption court proceedings from the date of signing. The affidavit can only be withdrawn if a court finds it was obtained through fraud or duress.

For legal validity, the form must be typed or printed in black ink and signed before a notary public or deputy clerk, with two witnesses who are neither the notary nor clerk. File the original document with the Joint Petition for Stepparent Adoption, Florida Supreme Court Approved Family Law Form 12.981(b)(1).

Florida law generally requires electronic filing for most petitions and pleadings. Self-represented litigants may file electronically but are not required to do so. Those choosing electronic filing must follow Florida Rule of Judicial Administration 2.525 and local circuit procedures.

Nonlawyers assisting with these forms must provide a copy of the Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a). They must also include their name, address, and telephone number on the last page of any form they help complete.