STEPPARENT AND IN-FAMILY ADOPTION

By Marlene Posner Falken

Although Divorce statistics steadily increase, one positive result has not been popularized: the increase in second marriages. Consequently, new blended family units involving minor children from previous marriages have emerged and these new families look to the legal system for assistance in cementing these relationships. In an attempt to lessen the confusion resulting from different last names and differing backgrounds, new families look to stepparent and in-family proceedings for relief. Stepparent and in-family adoptions can offer the stability for minor children by legally enforcing the child/parent relationship already in existence; however, both natural parents must be in favor of the adoption.

Once all the criteria is met in these actions and a Final Judgment document is signed by the Family Court Judge, step-parent and in-family adoptions result in a new birth certificate issued to the adoptee as well as statutory inheritance rights from the step-parent to the adoptee. Since these proceedings cut off access by the natural parent to the child, a prescribed written consent document must be obtained from the natural parents. If one (1) natural parent cannot be found, Florida law allows for publication where a diligent search is made in an attempt to contact that parent. A statutory amount of time is involved when a notice is placed in a newspaper in an attempt to put the missing parent on notice of the adoption proceeding. If the adoptee is twelve (12) years old or older, his/her documented consent is also a necessity. Additionally, the 'new parent' must be made aware that if a subsequent Dissolution/Divorce ensues, he/she will still be responsible for child support and any other legal obligation regarding that child until the adoptee is not longer a minor.

In conclusion, for today's extended family, a step-parent or in-family adoption action can afford a child a new, legal opportunity, to bond with a step-parent and ?begin? again