Florida Supreme Court Updates Stepparent Adoption Form

The Florida Supreme Court has revised Form 12.981(a)(4), an affidavit of diligent search used in stepparent adoption cases. The court last updated the form on March 15, 2015.

The form is essential when a required party's consent for stepparent adoption cannot be obtained because their address or location is unknown and cannot be determined. It guides filers on locating a parent whose consent is needed, outlining required searches and emphasizing the need to demonstrate a thorough effort to the court.

Florida Statute 63.054 mandates a search of Florida’s Putative Father Registry in all adoption cases. This search requires a court order, which filers can request by submitting Form 12.981(a)(6), a motion for search of the registry.

Filers must type or print the form in black ink and submit it to the clerk of the circuit court in the county where the adoption petition was filed. They should also keep a copy.

Florida Rules of Judicial Administration now require electronic filing for most court documents. Self-represented litigants have the option to e-file and must follow Rule 2.525 and local circuit procedures.

For additional guidance, individuals can refer to the 'General Information for Self-Represented Litigants' section accompanying the forms, as well as Rules 12.070 of the Florida Family Law Rules of Procedure and 1.070 of the Florida Rules of Civil Procedure.

Nonlawyers assisting with form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their name, address, and telephone number on the last page of the assisted form.

The affidavit section requires the petitioner to swear they are the child's mother or father. It also requires listing the other parent's last known address and employment, if known, and detailing a diligent search through sources like the U.S. Post Office, employers, regulatory agencies and relatives. The search must also investigate the other parent's potential death.