Family LAw Florida Civil Law Law

Stepparent adoption-when the other parent is deceased:

Stepparent adoptions are common when one of the parents has been absent in the child’s life; and the child’s stepparent has taken the role of a parent and wants to make it official. If this is the case, an action to terminate the parental rights of the absent parent must be concluded before an adoption can be made.

The absent parent must be formally served with the Petition to Terminate Parental Rights. After service, the absent parent must either contest the action or agree to it. If the action is contested, the Judge will decide at trial. If the action is not contested, the absent parent can file an affidavit agreeing to terminate their right as a parent to the child.

What if a parent passes away and the other parent’s spouse wants to adopt?

If a parent has passed away, the other parent’s spouse may initiate an action for adoption without having to terminate the other parent’s right. The process will be the same; except, the deceased parent’s death certificate must be filed with the Petition for Adoption.

A child’s right to inherit from that deceased parent is unaffected by an adoption by the new spouse of the surviving parent.

Conclusion

The legal process can get difficult, which is why we always recommend that you seek assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

Have more questions? Let us know by sending an email to: questions@legallotus.com and we will do our best to develop content to provide you with direction and insight!

For more information:
Check out and subscribe to our YouTube Channel
Follow us on Instagram
Like us on Facebook
Visit our website
Shop our Legal Templates

No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to or through this Website and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney.  You should not act upon any such information without first seeking qualified professional counsel on your specific matter.  The hiring of an attorney is an important decision that should not be based solely upon Website communications or advertisements. Feel free to contact us if you need legal assistance.

Leave a Reply

%d bloggers like this: