Joint Petition for Adoption by Stepparent

In the case of a stepparent adopting his/her stepson/stepdaughter, the following form has to be completed and submitted.

Extracted Text for Proper Search

Instructions	 for	 Florida	 Supreme	 Court	 Approved	 Family	 Law	 Form	 12.981(b)(1),	 Joint	 Petition	 for	 	
Adoption	 by Stepparent	 (11/15)	 	
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FA	MILY LAW 	
FORM	 12.981(b)(1),	 	
JOINT PETITION FOR ADOPTION BY STEPPARENT	 (11/15)	 	
 	
When should this form be used?	 	
 
This form should be used when a stepparent is adopting his or her 	spouse	’s child. 	 Both the stepparent 	
and	 his	 or her	 spouse	 must	 sign	 this	 petition	.  You	 must	 attach	 all	 necessary	 consents	 or 	
acknowledgments  that  apply  to  your  case,  as  listed  under  the  Special  Notes  section  below.  Florida 
Statutes require that consent to adoption be obtained	 from:	 	
 	
 	The mother of the	 minor.	 	
 
 	The father of the minor	 if: 	
1. 	The minor was conceived or born while the father was married to the	 mother;	 	
2. 	The minor is his child by	 adoption;	 	
3. 	The minor has been established by a court proceeding to be his	 child;	 	
4. 	He  has  filed  an  affidavit  of  paternity  pursuant  to  section  382.013(2)(c)  Florida  Statutes;	 	
or 	
5. 	In the case of an unmarried biological father, he has acknowledged in writing, signed in 
the  presence  of  a  competent  witness,  that  he  is  the  father  of  the  mino	r,  has  filed  such 	
acknowledgment  with  the  Office  of  Vital  Statistics  of  the  Department  of  Health  within 
the required timeframes, and has complied with the requirements of section 63.062(2), 
Florida Statutes.	 	
 	
Determining  whether  someone’s  consent  is  requir	ed,  or  when  consent  may  not  be  required  is  a 	
complicated issue and you may wish to consult an attorney. 	 For more information about consenting to 	
adoption, you should refer	 to Chapter 63, Florida Statutes, and sections 63.062	-63.082 in particular.	 	
 
This	 form	 should	 be	 typed	 or printed	 in black	 ink.	  The	 name	 to be	 given	 to the	 child(ren)	 after	 the	 	
adoption should be used in the heading of the petition. 	 The stepparent is the 	petitioner	, because he or 	
she is the one who is asking the court for	 legal action. 	 After completing this form, you and your spouse 	
must sign it before a 	notary public 	or 	deputy clerk	.  You should then 	file 	the original and 1 copy with the 	
clerk of the circuit court 	in the county where the minor resides unless the court ch	anges the	 venue.	 	
 	
IMPORTANT INFORMATION REGARDING E	-FILING	 	
 
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be 
filed  electronically  except  in  certain  circumstances.	  Self	-represented  litigants  may  file 	petitions  or 	
other  pleadings  or  documents  electronically;  however,  they  are  not  required  to  do  so. 	 If  you  choose 	
to  file  your  pleadings  or  documents  electronically,  you  must  do  so  in  accordance  with  Florida  Rule  of 
Judicial Administration 2.525, and you m	ust follow the procedures of the judicial circuit in which you file. 	 	
The rules and procedures should be carefully read and	 followed.	 	
 	
What should I do next?	 	
 
For  your  case to  proceed, you must  have  the  written  consent of  the  other  birth  parent  and  the  chi	ld,  if

Instructions	 for	 Florida	 Supreme	 Court	 Approved	 Family	 Law	 Form	 12.981(b)(1),	 Joint	 Petition	 for	 	
Adoption	 by Stepparent	 (11/15)	 	
applicable.	  The	 court	 may	 choose	 not	 to require	 consent	 to an	 adoption	 in some	 circumstances.	  For	 	
more  information  about  situations  where  consent  may  not  be  required,  see  section  63.064,  Florida 
Statutes. 	 If you are attempting to proceed without the consent of the other birth parent, you may wish 	
to consult with an attorney. 	 Section 63.054, Florida Statutes, requires that in each adoption proceeding, 	
the  Florida  Putative  Father  Registry  be  searched. 	 You  w	ill  need  an  order  from  the  judge  to  do  this, 	
which  you  can  request  by  filing  a 	Motion  for  Search  of  the  Putative  Father  Registry, 	Florida  Supreme 	
Court Approved Family Law Form	 12.981(a)(6)	. 	
 
When	 you	 have	 filed	 all	 of the	 required	 forms	 and	 met	 the	 requirements	 as outlined	 above,	 you	 are	 ready 	
to  set  a 	hearing 	on  your  petition. 	 You  should  check  with  the  clerk  of  court, 	family  law  intake  staff 	or 	
the 	judicial  assistant 	to  set  a 	final  hearing	.  If  all  persons  required  to  consent  have  consented  and  the	 	
consents/affidavits	 of nonpaternity	 have	 been	 filed	 with	 the	 court,	 the	 hearing	 may	 be	 held	 immediately. 	
If not, notice of the hearing must be given as provided by the Rules of Civil Procedure. 	 See Form 1.902, 	
Florida Rules of Civil Procedure. 	 If you know where the other birth parent lives, you should use 	personal 	
service. 	If you absolutely do not know where he or she lives, you may use 	constructive service	.  In order 	
to  use  constructive  service  you  will  need  to  complete  and  submit  to  the  court 	Stepparent  Adoption: 	
Affidavit  of  Diligent  Search	,  Florida  Supreme  Court  Approved  Family  Law  Form  12.981(a)(4). 	 For more 	
information  about  personal  and  constructive  service,  you  should  refer  to  the 	“General  Instructions  for 	
Self	-Represented Litigants” 	fou	nd at the beginning of these forms and the instructions to Florida Family 	
Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law 
Form 12.913(a). 	 However,  the  law  regarding  constructive service  is very  complex  an	d  you may  wish  to 	
consult an attorney regarding that	 issue.	 	
 	
Where can I look for more information?	 	
 
Before proceeding, you should read “General Information for Self	-Represented Litigants” found at the 	
beginning of these forms. 	 See Chapter 63, Florida Statutes, and Florida Family Law Rule 12.200(a)(2) for 	
further	 information.	 	
 	
IMPORTANT INFORMATION REGARDING E	-SERVICE ELECTION	 	
 
After  the  initial  service  of  process  of  the  petition  or  supplemental  petition  by  the  Sheriff  or  certifi	ed 	
process  server,  the  Florida  Rules  of  Judicial  Administration  now  require  that  all  documents  required  or 
permitted  to  be  served  on  the  other  party  must  be  served  by  electronic  mail  (e	-mail)  except  in  certain 	
circumstances. 	 You  must  strictly  comply  with 	the  format  requirements  set  forth  in  the  Rules  of 	
Judicial Administration.	  If you	 elect	 to participate	 in electronic	 service,	 which	 means	 serving	 or receiving	 	
pleadings  by  electronic  mail  (e	-mail),  or  through  the  Florida  Courts  E	-Filing  Portal,  you 	must 	review 	
Florida Rule of Judicial Administration 2.516. 	 You may find this rule at 	www.flcourts.org	 through the link 	
to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, 	or Rules 	
of Court in the A	-Z Topical	 Index.	  	
 
SELF	-REPRESENTED  LITIGANTS  MAY  SERVE  DOCUMENTS  BY  E	-MAIL;	 HOWEVER, 	THEY  ARE	 NOT	 	
REQUIRED TO DO SO.	  If a self	-represented litigant elects to serve and receive documents by e	-mail, the 	
procedu	res must always be followed once the initial election is	 made.	 	
 
To  serve  and  receive  documents  by  e	-mail,  you  must  designate  your  e	-mail  addresses  by  using  the 	
Designation  of  Current  Mailing  and  E	-mail  Address	, Florida  Supreme Court  Approved  Family Law  For	m 	
12.915,	 and	 you	 must	 provide	 your	 e-mail	 address	 on	 each	 form	 on	 which	 your	 signature	 appears.

Instructions	 for	 Florida	 Supreme	 Court	 Approved	 Family	 Law	 Form	 12.981(b)(1),	 Joint	 Petition	 for	 	
Adoption	 by Stepparent	 (11/15)	 	
Please 	CAREFULLY 	read the rules and instructions for: 	Certificate of Service (General), 	Florida Supreme 	
Court  Approved	 Family	 Law	 Form	 12.914;	 Designation	 of Current	 Mailing	 and	 E-mail	 Address	, Florida	 	
Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration	 2.516.	 	
 	
Special	 notes...	 	
 
With this petition you must file the	 following:	 	
 	Consent	 form	 executed	 by	 the	 birth	 parent,	 Stepparent	 Adoption	: Consent	 and	 Waiver	 by	 Parent, 	
Florida	 Supreme	 Court	 Approved	 Family	 Law	 Form	 12.981(a)(1)	 or Stepparent	 Adoption	: Affidavit 	
of Nonpaternity, 	Florida Supreme Court Approved Family Law Form	 12.981(a)(3).	 	
 	If any	 person	 whose	 consent	 is required	 is deceased,	 a certified	 copy	 of the	 death	 certificate	 must 	
be attached to this	 Petition.	 	
 	Consent  form  executed  by  the  minor  child(ren),  if  the  child(ren)  is/are  over  12  years  of  age, 
Stepparent  Adoption:  Consent  of  Adoptee, 	Florida  Supreme  Cour	t  Approved  Family  Law  Form 	
12.981(a)(2)	.  The court can excuse filing of this form under certain	 circumstances.	 	
 	Certified copy of the child(ren)’s birth	 certificate.	 	
 	Uniform  Child  Custody  Jurisdiction  and  Enforcement  Act  (UCCJEA)  Affidavit	,  Florida  Supreme 	
Court Approved Family Law Form	 12.902(d).	 	
 	If  applicable, 	Stepparent  Adoption:  Motion  for  Search  of  the  Putative  Father  Registry, 	Florida 	
Supreme Court Approved Family Law Form	 12.981(a)(6).	 	
 
These  family  law  forms  contain  a 	Final	 Judgment  of  Stepparent  Adoption	,  Florida  Supreme  Court 	
Approved	 Family	 Law	 Form	 12.981(b)(2),	 which	 the	 judge	 may	 use.	  You	 should	 check	 with	 the	 clerk,	 	
family law intake staff, or judicial assistant to see if you need to bring a final judgment form with 	you to 	
the  hearing. 	 If  so,  you  should  type  or  print  the  heading,  including  the  circuit,  county  case  number, 	
division, 	and the child(ren)’s names, and leave the rest blank for the judge to complete at your	 hearing.	  	
You  should  decide  how  many 	certified  copies 	of  the  final  judgment  you  will  need  and  be  prepared  to 	
obtain	 them	 after	 the	 hearing.	  There	 is a charge	 for	 certified	 copies,	 and	 the	 clerk	 can	 tell	 you	 how	 	
much. 	 The file will be sealed after the final hearing, and then it will take an 	order from a judge to open 	
the file and obtain a copy of the final	 judgment.	 	
 
AN  ADOPTIVE  STEPPARENT  WILL  CONTINUE  TO  HAVE  PARENTAL  RIGHTS,  INCLUDING  CUSTODY  AND 
TIME	-SHARING,  WHERE  APPROPRIATE,  IN  THE  EVENT	 OF  A  LATER  DISSOLUTION  OF  MARRIAGE,  AND 	
MAY  BE  LIABLE  FOR  CHILD  SUPPORT  IN  THE  EVENT  OF  A  LAT	ER  DISSOLUTION  OF  MARRIAGE.   	YOU	 	
COULD  BE  LIABLE  IN  LITIGATION  FOR  THE  ACTIONS  OF  THE  ADOPTEE(S). 	 THIS  ADOPTION  MAY  ALSO 	
AFFECT THE ADOPTEE’S	 INHERITANCE.	 	
 
Remem	ber,	 a person	 who	 is NOT	 an	 attorney	 is called	 a nonlawyer.	  If a nonlawyer	 helps	 you	 fill	 out	 	
these forms, that person must give you a copy of a 	Disclosure from Nonlawyer	, Florida Family Law Rules 	
of Procedure Form 12.900 (a), before he or she helps you. 	 A nonlawyer helping you fill out these forms 	
also 	must 	put his or her name, address, and telephone number on the bottom of the last page of every 	
form he or she helps you	 complete.

Florida Supreme Court Approved Family Law Form 12.981(b)(1	), Joint Petition for Adoption by 	
Stepparent 	(11/15)	 	
IN THE CIRCUIT COURT OF THE 	__________________ 	JUDICIAL CIRCUIT,	 	
IN AND FOR 	__________________ 	COUNTY, FLORIDA	 	
 	
Case No.:	 _______________________	 	
Division:	 _______________________	 	
IN THE MATTER OF THE ADOPTION OF	 	
 
 
 
_________________________________________	, 	
{use name to be given to the minor child} Adoptee.	 	
 
 	
JOINT PETITION FOR ADOPTION BY	 STEPPARENT	 	
 
Petitioner, 	{full	 legal	 name}	 ______________________________________, 	being	 sworn,	 joined	 by	 the	 	
above	-named	 child(ren)’s	 _____ 	mother	 _____ 	father,	 {full	 legal	 name}	 __________________________	, 	
being  sworn,  files  this  joint  petition  for  adoption  of	 the	 above	-named  minor  child(ren),  under  chapter 	
63, Florida	 Statutes.	 	
 	
1. This is an action for adoption of a minor child(ren) by his or her (their)	 stepparent.	 	
 
2. I desire to adopt the following	 child(ren):	 	
Name to be given	 to child(ren)	 	 	Birth	 date	 	 	Birthplace	 	
a. 	__	_____________________________________________________________________	___	 	
b. __________________________________________________________________________	 	
c. 	__________________________________________________________________________	 	
d. ________________________	__________________________________________________	 	
e. __________________________________________________________________________	 	
f. 	__________________________________________________________________________	 	
A certif	ied 	copy of the birth certific	ate(s) is/are 	atta	ched.	 	
 
3. The child(ren) has (have) resided with me	 since	 {date}	 __________________________________	. 	
I  wish  to  adopt  the	 child(ren)  because  I  would  like  to  legally  establish  the  parent	-child 	
relationship  already  existing  between  the  child(ren)  and  me.  Since  the  above  date,  I  have  been 
able  to  provide  adequately  for  the  material  needs  of  the  child(ren)  and  am  able  to  continu	e 	
doing so in the future, as well as to provide for the child(ren)’s mental and emotional well	-being. 	
Other  reasons  I  wish  to  adopt  the  children	 	are: 	
____________________________________________________________	  	
___________________________________________	________	___________________________	 	
___________________________________________________________	________	___________	 	
 
4. I am	 ______________ 	years old, and have resided at {street address}, 	_____________________	 	
{city}	 _____________________ 	{county} 	________	__ 	{state}	 _______ 	for	 _____________ 	years.	 	
 	
5. I married	 the	 _____ 	father	 or _____ 	mother  of  the  child(ren)	 on	 {date}	 ___________________	, 	
in {city}	 _____________________ 	{county} 	__________ 	{state}	 _______	.  The  following  are  the

Florida Supreme Court Approved Family Law Form 12.981(b)(1	), Joint Petition for Adoption by 	
Stepparent 	(11/15)	 	
dates and places of my dissolutions of marriage, if	 any:	 	
Date	 	 	 	 	 	 	 	Place	 	
a. _ 	________________________________	 _______________________________________	 	
b.  	____________________________________________	 	__________________________	 	
 	
6. A 	completed 	Uniform  Child  Custody  Jurisdiction  and  Enforcement  Act  Affidavit  (UCCJEA)	, 	
Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this	 petition.	 	
 
7. A description and estimate of the value of any property of the adoptee(s) is as	 follows:	 	
__________________________________________________________________________	 	
__________________________________________________________________________	 	
__________________________________________________________________________	 	
__________________________________________________________________________	 	
 	
8. Consent by the	 adoptee(s):	 	
_____ 	is attached for:	 Name(s)	 ____________________________________________________	 	
_____ 	is not required because the adoptee(s) is/are not 12 years o	f age:	 Name(s)	 ____________	 	
_____ 	was excused by the court for:	 Name(s)	 _________________________________________	 	
 	
9. The  following  person(s)  is/are  required  to  consent  and  the  consent  form  or  affidavit  of 
nonpaternity is/are	 attached	 _______________________________________________________	 	
 	
10.	 The  following  person(s)  whose  consent  is  required  has  not  consented.  The  facts/circumstances 
that  excuse  the  lack  of  consent  and  would  justify  termination  of  this  person’s  parental  rights 
are:	 
Na	me	  	 	Address	  	 	 	 	Facts/circumstances	 	
__________________________________________________________________________	 	
__________________________________________________________________________	 	
______________________________________________________________	____________	 	
__________________________________________________________________________	 	
 	
11.	 A copy of this Petition was served on all known persons whose consent is required but did not 
waive notice, as well as on all persons whose consent is required but	 did not provide consent. 	
Proof of service is	 attached.	 	
 	
{Indicate if	 applicable}:	 	
_____ 	A  search  of  the  Putative  Father  Registry  maintained  by  the  Office  of  Vital  Statistics	 of 	
the  Department  of  Health  has  been  requested,  and  if  granted,  the  ce	rtificate  from  the  State 	
Registrar will be filed in this	 action.	 	
 
WHEREFORE, I request that this Court terminate the parental	 rights	 of __________________________	, 	
{name  of  parent  whose  rights  are  sought  to  be  terminated}	,  enter  a  Final  Judgment  of  Adoption  of	 the	 	
Minor	 Child(ren)	 by	 Petitioner	 Stepparent	 and,	 as requested,	 change	 the	 name	 of the	 adoptee(s).

Florida Supreme Court Approved Family Law Form 12.981(b)(1	), Joint Petition for Adoption by 	
Stepparent 	(11/15)	 	
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this	 	
petition  and  that  the  punishment  for  knowingly  making  a  false  statement  includes  fines  and/or 
imprisonment.	 	
 
 
Dated:	 ____________________	  	 	 	_______________________________________	 	
Signature of	 Party	 	
Printed	 Name: ___________________________	 	
Address:	  _______________________________	 	
City,	 State,	 Zip: __________________________	 	
Telephone	 Number:	 ______________________	 	
Fax	 Number: ____________________________	 	
Designated E	-mail	 Address(es): _____________	 	
_______________________________________	 	
 
STATE OF FLORIDA 	 	
COUNTY	 OF _________________	 	
 
Sworn	 to or 	affirmed	 and 	signed	 before	 me on __________ 	by __________________________________	. 	
 	
 	
NOTARY PUBLIC or DEPUTY	 CLERK	 	
 
 	
 	
{Print, type, or stamp commissioned name of notary or	 	
cle	rk.}	 	
 
 
_____	 Personally	 known	 	
_____	 Produced	 identification	 	
            	Type of identification	 produced	 _________________________

Florida Supreme Court Approved Family Law Form 12.981(b)(1	), Joint Petition for Adoption by 	
Stepparent 	(11/15)	 	
I understand that I am swearing or affirming under oath to the truthfulness of the clai	ms made in this 	
petition and that the punishment for knowingly making a false statement includes fines and/or 
imprisonment.	 	
 
 
Dated:	 ____________________	  	 	 	_______________________________________	 	
Signature of	 Party	 	
Printed	 Name: 	___________________________	 	
Address:  _______________________________	 	
City,	 State,	 Zip: __________________________	 	
Telephone	 Number:	 ______________________	 	
Fax	 Number: ____________________________	 	
Designated E	-mail	 Address(es): _____________	 	
______________	_________________________	 	
 
STATE OF FLORIDA 	 	
COUNTY	 OF _________________	 	
 
Sworn	 to or 	affirmed	 and 	signed	 before	 me on __________ 	by __________________________________	. 	
 
 	
 	
NOTARY PUBLIC or DEPUTY	 CLERK	 	
 
 	
 	
{Print, type, or stamp co	mmissioned name of notary or	 	
clerk.}	 	
 
 
_____	 Personally	 known	 	
_____	 Produced	 identification	 	
            	Type of identification	 produced	 _________________________	 	
 
 
 
 
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS	 BELOW:	 	
[fill in 	all 	blanks] This form was prepared for 	the: ( 	    ) parent ( 	    ) stepparent ( 	    ) both .	 	
This form was completed with the assistance	 of:	 	
{name	 of individual} ___________________________________________________________________	, 	
{name	 of business} 	____________________________________________________________________	, 	
{address} 	____________________________________________________________________________	, 	
{city} ____________________	, {state}	 _____	, {zip	 code} __________	, {telephone	 number} ____________	.