When a Stepparent wishes to adopt...

When a relative wishes to adopt a child, the child’s parents (the relative’s child or absent parent) is usually required to consent to the adoption.

In consenting to an adoption, the non-custodial parent relinquishes all parental rights and responsibilities, including child support. The consenting parent gives up parental rights to visit the child or make decisions for the child regarding issues such as medical treatment or education.

What if the non-custodial parent withholds consent or cannot be found in order to get their permission? In Florida there are some circumstances in which the refusal of the natural parent to consent can be waived by the Court. It should be emphasized, however, that Florida Courts place great emphasis on the legal rights of natural parents.

When a natural parent cannot be found in order to get their permission for a stepparent adoption it may be necessary to publish a public notice in the newspaper stating the intent to have the absent parents rights terminated. A diligent search is required to locate the absent parent, however and in our electronic age it is more likely than not that a missing parent can be found.

Doing what’s right

for the child...

Adoption is first and foremost about what is best for the child/children involved. In all too many relationships involving a divorce or a failed relationship the child or children have been abandoned by the absent birth parent: no communication, no support, no contact. Most children are not old enough to fully comprehend what an adoption truly means except all children want and crave belonging and being a complete and irrevocable part of the family unit. All children need to know they belong and they are loved, without condition, by their parents.

What Adopted Children need to know:

1. That they are loved by their relatives and by both of their biological parents.
2. That they did not cause their non-custodial parent to abandon them.
3. That they are an accepted and valued member of the family.
4. That it is okay for them to love their natural parents.
5. That it is okay for them to miss and/or think about their missing biological parent.
6. That it is okay for them to talk about missing the biological parent.
7. That it is okay for them to have feelings of mixed emotions on special days or at other times.

Why Adopt?

Adoption gives a child a sense of wholeness. An infant, a toddler or an older child carries a heavy burden in maintaining connections with two families.

An adopted child whose non-custodial parent and adoptive family come together in a familial way will grow up with greater certainty.

An adopted child's surname will change in some instances thus giving the child a greater sense of belonging to the family unit.

Why Adopt continued...

When searching for an adoption attorney, keep in mind that you are shopping for a service and you should be a critical shopper. Have an introductory meeting and be sure you are comfortable with your attorney and satisfy yourself that the lawyer has demonstrated sufficient skill and experience to help you in this very important change in your family’s identity.

Ask lots of questions!