|
(Cite
as: 870 So.2d 791)
Supreme
Court of Florida.
AMENDMENTS
TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS-STEPPARENT ADOPTION FORMS.
No.
SC04-104.
March
25, 2004.
PER
CURIAM.
The
2003 Florida Legislature amended numerous statutes related to adoption, including*792
sections 63.022 , 63.062 , 63.082 , 63.085 , 63.087
-.089 , 63.102 , 63.112 , 63.122 , 63.132 ,
63.142 , and 63.182, Florida Statutes (2002). The
2003 Florida Legislature also created new laws related to adoption,
including sections 63.053 , 63.054 , and 63.064, Florida Statutes
(2003). These
amendments and new laws became effective on May 30, 2003.
See
ch.2003-58, §§ 1
, 10-12 , 14-19 , 22-24 , 26 , 28
, 32 , 39, Laws of Fla.
Pursuant
to the procedures approved by this Court in Amendments to
the Florida Family Law Rules of Procedure & Family Law
Forms, 810 So.2d 1, 14 (Fla.2000), this Court has internally
reviewed the Florida Supreme Court Approved Family Law Forms and
determined that both new forms and amendments to existing adoption
forms are necessary as a result of the legislation. FN1
Input
on this issue was sought and received from the Advisory
Workgroup on The Florida Supreme Court Approved Family Law Forms,
which provided valuable assistance.
FN1.
We
have jurisdiction. See
art. V, § 2(a),
Fla. Const.
In
2001, the Legislature enacted a two-step process for adoption, which
required petitioners to file a petition for termination of parental
rights, wait for a specified period of time, and then
file a petition for adoption. See
ch.2001-3, § 16
at 30-31, Laws of Florida. Chapter
2003-58, Laws of Florida , eliminates this procedure for stepparent,
relative, and adult adoptions by amending section 63.087(5), Florida Statutes
(2002), to provide that those seeking ?[a]doptions
of relatives, adult adoptions, or adoptions of stepchildren shall not
be required to file a separate termination of parental rights
proceeding pending adoption.?
Ch.2003-58,
§ 17
at 494, Laws of Fla. The Legislature also eliminated the
requirement that parents of adult adoptees provide consent to the
adoption. See
id.
§ 12
at 478. We
therefore delete the following Supreme Court Approved Family Law Forms:
Petition
to Terminate Parental Rights Pending Stepparent Adoption, Florida Supreme Court
Approved Family Law Form 12.981(a)(1); Notice
of Petition to Terminate Parental Rights Pending Stepparent Adoption and
Notice of Hearing, Florida Supreme Court Approved Family Law Form
12.981(a)(6); Final
Judgment Terminating Parental Rights Pending Stepparent Adoption, Florida Supreme Court
Approved Family Law Form 12.981(a)(7); and
Stepparent Adoption: Consent
of Adult Adoptee's Birth Parent(s), Florida Supreme Court Approved Family
Law Form 12.981(c)(3). FN2
FN2.
The
deletion of these forms requires the renumbering of the following
forms:
Form
12.981(a)(2), Termination of Parental Rights Pending Stepparent Adoption: Consent
and Waiver by Parent, has been renumbered as Form 12.981(a)(1).
Form
12.981(a)(3), Stepparent Adoption: Consent
of Adoptee, has been renumbered as Form 12.981(a)(2).
Form
12.981(a)(4), Affidavit of Nonpaternity, has been renumbered as Form 12.981(a)(3).
Form
12.981(a)(5), Termination of Parental Rights Pending Stepparent Adoption: Affidavit
of Diligent Search, has been renumbered as Form 12.981(a)(4).
Form
12.981(a)(8), Indian Child Welfare Act Affidavit, has been renumbered as
Form 12.981(a)(5).
Newly
enacted section 63.054(7), Florida Statutes (2003), provides that in each
termination of parental rights proceeding or adoption under chapter 63,
the petitioner must search the Putative Father Registry. See
ch.2003-58, § 11
at 471, Laws of Fla. Because section 63.0541, Florida Statutes
(2003), contains a public records exemption for the Putative Father
Registry and provides that information made confidential *793
may be disclosed upon issuance of a court order concerning
a petitioner acting pro se, we further create the following
Supreme Court Approved Family Law Forms: Motion
for Search of the Putative Father Registry, Florida Supreme Court
Approved Family Law Form 12.981(a)(6); and
Order Granting Motion for Search of the Putative Father Registry,
Florida Supreme Court Approved Family Law Form 12.981(a)(7).
Lastly,
we adopt various amendments, which are consistent with the 2003
legislation, to the following existing Florida Supreme Court Approved Family
Law Forms: Termination
of Parental Rights Pending Stepparent Adoption: Consent
and Waiver by Parent, Florida Supreme Court Approved Family Law
Form 12.981(a)(2); Stepparent
Adoption: Consent
of Adoptee, Florida Supreme Court Approved Family Law Form 12.981(a)(3);
Affidavit
of Nonpaternity, Florida Supreme Court Approved Family Law Form 12.981(a)(4);
Termination
of Parental Rights Pending Stepparent Adoption: Affidavit
of Diligent Search, Florida Supreme Court Approved Family Law Form
12.981(a)(5); Indian
Child Welfare Act Affidavit, Florida Supreme Court Approved Family Law
Form 12.981(a)(8); Joint
Petition for Adoption by Stepparent, Florida Supreme Court Approved Family
Law Form 12.981(b)(1); Final
Judgment of Stepparent Adoption, Florida Supreme Court Approved Family Law
Form 12.981(b)(2); Petition
for Adoption of Adult by Stepparent, Florida Supreme Court Approved
Family Law Form 12.981(c)(1); and
Stepparent Adoption: Consent
of Adult Adoptee's Spouse, Florida Supreme Court Approved Family Law
Form 12.981(c)(2).
The
forms are adopted as set forth in the appendix to
this opinion, fully engrossed, effective for immediate use. However,
due to the number of new forms and amendments to
existing forms, we direct that these forms be published in
The Florida Bar News so that any interested person may
file comments with this Court by June 1, 2004. By
adoption of these forms, we express no opinion as to
their correctness or applicability, or on the substance of the
new legislation. This
opinion and the forms discussed herein may be accessed and
downloaded from this Court's website at www.flcourts.org.
It
is so ordered.
ANSTEAD
, C.J., and WELLS , PARIENTE , LEWIS , QUINCE
, CANTERO , and BELL, JJ., concur.
APPENDIX
INSTRUCTIONS
FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(a)(1),STEPPARENT ADOPTION: CONSENT
AND WAIVER BY PARENT
When
should this form be used?
This
form is to be completed and signed by the parent
who is giving up all rights to and custody of
the minor child to be adopted. This consent shall not
be executed before the birth of the minor child. For
more information about consenting to adoption, you should refer to
Chapter 63, Florida Statutes, and sections 63.062 -63.082, Florida Statutes,
in particular.
This
form should be typed or printed in black ink. It
must be signed in the presence of a notary
public
or deputy
clerk
and two witnesses other than the notary or clerk. You
should file
this form with the Joint
Petition for Adoption by Stepparent,
Florida
Supreme Court Approved Family Law Form 12.981(b)(1).
After
completing this form, you should hand deliver a copy or
duplicate original to the parent giving consent and have them
*794
sign the original saying they received a copy. Then
you should file the original with the clerk
of the circuit court
in the county where the Joint
Petition for Adoption by Stepparent,
Florida
Supreme Court Approved Family Law Form 12.981(b)(1) is filed and
keep a copy for your records.
Special
notes ...
Remember,
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 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.
|
IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
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IN
AND FOR __________ COUNTY, FLORIDA
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IN
THE MATTER OF THE ADOPTION OF
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CONSENT
AND WAIVER BY PARENT
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1.
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I,
{full
legal name}
____________________, am the [ one
only] (
)
father or
(
)
mother of the minor child(ren) subject to this consent who
is/are:
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Child's
Current Name
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Gender
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Birth
date
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Birthplace
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2.
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I
relinquish all rights to and custody of this (these) minor
child(ren), {name(s)}
______________________________, with full knowledge of the legal effect of the
stepparent adoption and consent to the adoption by the child(ren)'s
stepparent whose name is: [ one
only]
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(
)
not required for my granting of this consent.
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3.
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I
understand my legal rights as a parent and I understand
that I do not have to sign this consent and
release of my parental rights. I
acknowledge that this consent is being given knowingly, freely, and
voluntarily. I
further acknowledge that my consent is not given under fraud
or duress. I
understand that there is a ?grace
period?
in Florida during which I may revoke my consent. If
the child to be adopted is older than 6 months
at the time of consent, this grace period is for
3 days or until the child has been placed with
the prospective adoptive parents, whichever is later. I
understand that, in signing this consent, I am permanently and
forever giving up all my parental rights to and interest
in this (these) minor child(ren) and that this consent may
only be withdrawn if the Court finds it was obtained
by fraud or duress. I
voluntarily, permanently relinquish all my parental rights to this (these)
minor child(ren).
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4.
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I
consent, release, and give up permanently, of my own free
will, my parental rights to this (these) minor child(ren), for
the purpose of stepparent adoption.
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5.
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I
waive any further notice of the stepparent adoption proceeding.
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6.
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I
understand that pursuant to Chapter 63, Florida Statutes, ?an
action or proceeding of any kind to vacate, set aside,
or otherwise nullify a judgment of adoption or an underlying
judgment terminating parental rights on any ground may not be
filed more than 1 year after entry of the judgment
terminating parental rights.?
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7.
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I
understand I have the right to choose a person who
does not have an employment, professional, or personal relationship with
the adoption entity or the prospective adoptive parents to be
present when this affidavit is executed and to sign it
as a witness. The
witness I selected is: {full
legal name}
_.
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I
understand that I am swearing or affirming under oath to
the truthfulness of the claims made in this consent and
waiver and that the punishment for knowingly making a false
statement includes fines and/or imprisonment.
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Signature
of Witness
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Signature
of Witness
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Printed
Name: _
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Printed
Name: _
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Business
Address: _
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Business
Address: _
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Home
Address: _
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Home
Address: _
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Driver's
License or
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Driver's
License or
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State
ID Card No.: _
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State
ID Card No.: _
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Sworn
to or affirmed and signed before me on {date}
__________ at {time}
__________.
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NOTARY
PUBLIC or DEPUTY CLERK
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[Print,
type, or stamp commissioned name of notary or deputy clerk.]
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___
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Produced
identification
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Type
of identification produced ____________________
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I
hereby acknowledge receipt of a copy or duplicate original of
this executed Consent
and Waiver.
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IF
A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST
FILL IN THE BLANKS BELOW:
[
fill in all
blanks]
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I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
_, fill out this form.
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|
*796
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(a)(2),STEPPARENT ADOPTION:
CONSENT
OF ADOPTEE
When
should this form be used?
This
form must be completed and signed by the person being
adopted, the adoptee, if he or she is over
12 years of age,
unless the court, in the best interest of the minor
excuses the minor's consent. It
must be signed in the presence of a notary
public
or deputy
clerk
and two witnesses other than the notary public or deputy
clerk.
This
form should be typed or printed in black ink. After
completing this form, you should file
the original with the clerk
of the circuit court
in the county where the Joint
Petition for Adoption by Stepparent,
Florida
Supreme Court Approved Family Law Form 12.981(b)(1) is filed and
keep a copy for your records.
Special
notes ...
Remember,
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 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.
|
IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
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IN
AND FOR __________ COUNTY, FLORIDA
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IN
THE MATTER OF THE ADOPTION OF
|
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1.
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I,
{full
legal name}
____________________, being over the age of 12, consent to my
adoption by {name}
____________________, to be his/her legal child and heir at law.
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2.
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I
have been told of my right to choose a person
who does not have an employment, professional, or personal relationship
with the adoption entity or prospective adoptive parents to be
present when this affidavit is executed and to sign it
as a witness. The
witness I selected is: {full
legal name}
_.
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(
)
I consent to my name being legally changed to {specify}
_.
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(
)
I do not consent to a name change.
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I
understand that I am swearing or affirming under oath to
the truthfulness of the claims made in this consent and
that the punishment for knowingly making a false statement includes
fines and/or imprisonment.
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|
Signature
of Witness
|
|
Signature
of Witness
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Printed
Name: _
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Printed
Name: _
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Business
Address: _
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|
Business
Address: _
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Home
Address: _
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Home
Address: _
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Driver's
License or
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|
Driver's
License or
|
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State
ID Card No.: _
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State
ID Card No.: _
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Sworn
to or affirmed and signed before me on __________ by
_.
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NOTARY
PUBLIC or DEPUTY CLERK
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[Print,
type, or stamp commissioned name of notary or clerk.]
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___
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Produced
identification
|
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Type
of identification produced ____________________
|
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IF
A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST
FILL IN THE BLANKS BELOW:
[
fill in all
blanks]
|
|
|
I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
_, who is the adoptee, fill out this form.
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|
*797
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(a)(3),AFFIDAVIT OF
NONPATERNITY
When
should this form be used?
This
form should be used when a stepfather is adopting his
wife's minor child and
the mother and father of the minor child(ren) were never
married and
paternity has not been established by a valid acknowledgment or
court order. This
Affidavit of Nonpaternity may be used instead of a consent
form. This
Affidavit may be executed before the birth of the minor
child. The
person signing the affidavit waives notice to all court proceedings
after the date it is signed. After
signing this affidavit, it may only be withdrawn if the
court finds the affidavit was obtained by fraud or duress.
This
form should be typed or printed in black ink. This
form must be signed before a notary
public
or deputy
clerk
and two witnesses other than the notary or clerk. You
should then file
the original of this form with the Petition
for Stepparent Adoption,
Florida
Supreme Court Approved Family Law Form 12.981(b)(1).
Remember-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.
|
IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
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IN
AND FOR __________ COUNTY, FLORIDA
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IN
THE MATTER OF THE ADOPTION OF
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AFFIDAVIT
OF NONPATERNITY
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I,
{full
legal name}
____________________, have personal knowledge of the facts stated in this
affidavit and certify that the following statements are true:
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1.
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I
have been told that {name}
____________________ has a child. I
do not wish to and shall not establish or claim
paternity for this child, whose name is __________ and whose
date of birth is __________.
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2.
|
|
The
child referenced in this affidavit was not conceived or born
while the birth mother was married to me. I
AM NOT MARRIED TO THE BIRTH MOTHER, nor do I
intend to marry the birth mother.
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3.
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The
child has not been established to be my child in
any court proceeding and I have not adopted this child.
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4.
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I
have no interest in assuming the responsibilities of parenthood for
this child. I
have not acknowledged and will not acknowledge in writing that
I am the father of this child or will not
institute court proceedings to establish the child as mine.
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5.
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I
do not object to any decision or arrangements the birth
mother makes regarding this child, including adoption.
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6.
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I
understand my right to choose a person who does not
have an employment, professional, or personal relationship with the adoption
entity or the prospective adoptive parents to be present when
this affidavit is executed and to sign it as a
witness. The
witness I selected is {full
legal name}
_.
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7.
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I
am executing this affidavit freely and voluntarily and I understand
that it can only be withdrawn if the court finds
it was executed by fraud or duress.
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I
WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO TERMINATE PARENTAL
RIGHTS OR FINALIZE AN ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.
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I
understand that I am swearing or affirming under oath to
the truthfulness of the claims made in this consent and
waiver and that the punishment for knowingly making a false
statement includes fines and/or imprisonment.
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Signature
of Witness
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Signature
of Witness
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Printed
Name: _
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Printed
Name: _
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Business
Address: _
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Business
Address: _
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Home
Address: _
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Home
Address: _
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Driver's
License or
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Driver's
License or
|
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State
ID Card No.: _
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State
ID Card No.: _
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Sworn
to or affirmed and signed before me on {date}
__________ at {time}
__________.
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NOTARY
PUBLIC or DEPUTY CLERK
|
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[Print,
type, or stamp commissioned name of notary or deputy clerk.]
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___
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Produced
identification
|
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|
|
|
|
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]
|
|
|
I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
_, who is the affiant, fill out this form.
|
|
*799
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(a)(4),STEPPARENT ADOPTION:
AFFIDAVIT
OF DILIGENT SEARCH
When
should this form be used?
Use
this form to obtain constructive
service
(also called service by publication) in a proceeding for stepparent
adoption, Joint
Petition for Adoption by Stepparent,
Florida
Supreme Court Approved Family Law Form 12.981(b)(1), when any required
consent is unavailable because the address or location of the
person whose consent is required is not known and cannot
be determined.
This
form includes a checklist of places you must look for
information on the location of the person whose rights you
seek to terminate. You
do have to look in all of these places, and
the court must believe that you have made a very
serious effort to get information about the person's location and
that you have followed up on any information you received.
Section
63.054, Florida Statutes, requires that in each adoption a search
of Florida's Putative Father Registry must be conducted. You
will 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).
This
form should be typed or printed in black ink. After
completing this form, you should file
the original with the clerk
of the circuit court
in the county where your petition
was filed and keep a copy for your records.
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.
For
further information, see rule 12.070, Florida Family Law Rules of
Procedure and Rule 1.070, Florida Rules of Civil Procedure.
Special
notes ...
Remember,
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.
|
IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
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IN
AND FOR __________ COUNTY, FLORIDA
|
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|
IN
THE MATTER OF THE ADOPTION OF
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|
|
|
PETITION
FOR STEPPARENT ADOPTION: AFFIDAVIT
OF DILIGENT SEARCH
|
|
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I,
{full
legal name}
____________________, being sworn, certify that the following information is true:
|
|
|
1.
|
|
I
am the child(ren)'s (
)
mother (
)
father.
|
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2.
|
|
The
last known address of the child(ren)'s other parent {name}
_, as of {date}
_______________, was:
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His/her
last known employment, as of {date}
_______________, was:
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3.
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The
other parent is over the age of 18.
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4.
|
|
The
other parent's current residence is not known and cannot be
determined, although I have made a diligent search and inquiry
to locate him/her through the following:
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|
You
must search ALL of the following sources of information and
state the results.
|
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|
____
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|
United
States Post Office inquiry through the Freedom of Information Act
for the person's current address or any previous address.
|
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|
____
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|
Last
known employment of the other parent, including name and address
of employer.
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|
____
|
|
Regulatory
agencies, including professional or occupational licensing, in the area where
the other parent last resided. Result
of search: _
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____
|
|
Names
and addresses of relatives to the extent such can be
reasonably obtained from the petitioner or other sources, contacts with
those relatives and inquiry as to the other parent's last
known address. You
are to follow up any leads of any addresses where
the other parent may have moved. Result
of search: _
|
|
|
____
|
|
Information
about the other parent's possible death and, if dead, the
date and location.
|
|
|
____
|
|
Telephone
listings in the area where the other parent last resided.
|
|
|
|
____
|
|
Law
enforcement agencies in the area where the other parent last
resided.
|
|
|
|
____
|
|
Highway
Patrol records in the state where the other parent last
resided.
|
|
|
|
____
|
|
Department
of Corrections records in the state where the other parent
last resided.
|
|
|
|
____
|
|
Hospitals
in the last known area of the other parent's residence.
|
|
|
|
____
|
|
Records
of utility companies, which include water, sewer, cable TV, and
electric in the last known area of the other parent's
residence.
|
|
|
|
____
|
|
Records
of the Armed Forces of the U.S. and their response
as to whether or not there is any information about
the other parent. (See
Florida Supreme Court Approved Family Law Form 12.912(a), Memorandum for
Certificate of Military Service.)
|
|
|
|
____
|
|
Records
of the tax assessor's and tax collector's office in the
area where the other parent last resided. Result
of search: _
|
|
|
____
|
|
Search
of one Internet databank locator service.
|
|
|
|
____
|
|
Title
IV-D (child support enforcement) agency records In the state of
the other parent's last known address. Result
of search: _
|
|
|
____
|
|
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 certificate from the State Registrar
will be filed in this action.
|
|
|
I
understand that I am swearing or affirming under oath to
the truthfulness of the claims made in this affidavit and
that the punishment for knowingly making a false statement includes
fines and/or imprisonment.
|
|
|
Sworn
to or affirmed and signed before me on __________ by
_.
|
|
|
|
|
|
|
|
NOTARY
PUBLIC or DEPUTY CLERK
|
|
|
|
|
|
|
|
[Print,
type, or stamp commissioned name of notary or deputy clerk.]
|
|
|
|
___
|
|
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]
|
|
|
I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
_, who is the petitioner, fill out this form.
|
|
*802
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(a)(5),INDIAN CHILD
WELFARE ACT AFFIDAVIT
When
should this form be used?
This
form should be used in cases involving stepparent adoption of
a child. This
affidavit
is required.
This
form should be typed or printed in black ink. After
completing this form, you should sign the form before a
notary
public
or deputy
clerk.
You
should then file
the original with the clerk
of the circuit court
in the county where the petition was filed and keep
a copy for your records.
What
should I do next?
A
copy of this form must be mailed or hand delivered
to the other party in your case, if it is
not served on him or her with your initial papers.
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.
The
words that are in ?bold
underline?
in these instructions are defined there.
Special
notes ...
Remember,
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.
|
IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
|
|
|
IN
AND FOR __________ COUNTY, FLORIDA
|
|
|
|
IN
THE MATTER OF THE ADOPTION OF
|
|
|
|
|
|
|
INDIAN
CHILD WELFARE ACT AFFIDAVIT
|
|
|
I,
{full
legal name}
____________________, being sworn, certify that the following statements are true:
|
|
|
1.
|
|
Upon
information and belief the child ____________________ {name}
subject to this proceeding:
|
|
|
___
|
|
is
not an Indian child. The
Indian Child Welfare Act does not apply to this proceeding.
|
|
|
___
|
|
is
an Indian child within the meaning of the Indian Child
Welfare Act of 1978 (25 U.S.C. § 1901
et seq.).
|
|
|
I
certify that a copy of this document was [ one
only] (
)
mailed (
)
faxed and mailed (
)
hand delivered to the person(s) listed below on {date}
__________.
|
|
Other
party or his/her attorney:
|
|
|
|
|
|
|
|
|
I
understand that I am swearing or affirming under oath to
the truthfulness of the claims made in this affidavit and
that the punishment for knowingly making a false statement includes
fines and/or imprisonment.
|
|
|
Sworn
to or affirmed and signed before me on __________ by
_.
|
|
|
|
|
|
|
|
NOTARY
PUBLIC or DEPUTY CLERK
|
|
|
|
|
|
|
|
[Print,
type, or stamp commissioned name of notary or clerk.]
|
|
|
|
___
|
|
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]
|
|
|
I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
__________, who is the [ one
only] ___ petitioner or
___ respondent, fill out this form.
|
|
*803
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.981(a)(6),
MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY
When
should this form be used?
This
form should be used when a stepparent is adopting his
or her spouse's
child. Section
63.054, Florida Statutes, requires that a search of Florida's Putative
Father Registry be conducted in every adoption proceeding. The
Office of Vital Statistics of the Department of Health has
an application available called ?Florida
Putative Father Registry-Application for Search?
which should be completed and attached to this form. The
Office of Vital Statistics is allowed to charge for searching
the registry. You
may wish to contact that office in advance to find
out what amount and method of payment will be accepted.
This
form should be typed or printed in black ink. The
name to be given to the adoptee 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. You
must have your signature witnessed by a notary
public
or deputy
clerk.
After
completing this form, you should file
the original with the clerk
of the circuit
court
in the county where you have filed the Joint
Petition for Adoption by Stepparent,
Florida
Supreme Court Approved Family Law Form 12.981(b)(1) and *804
keep a copy for your records. These
family law forms contain an Order
Granting Motion for Search of Putative Father Registry,
Florida
Supreme Court Approved Family Law Form 12.981(a)(7), which the judge
may use. You
should check with the clerk, family law intake staff or
judicial assistant to see if you need to provide this
form order to the judge with your motion. If
so, you should type or print the heading, including the
circuit, county, case number, division, and the child(ren)'s name, and
leave the rest blank for the judge to complete.
What
should I do next?
If
the judge grants your motion, you will need to take
the order, your completed application, and any fee to the
Office of Vital Statistics. That
office will conduct the search and file the results with
the clerk of court. You
may call the clerk's office to determine when the results
have been filed in order to set a final hearing.
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.
Special
notes ...
THIS
ADOPTION MAY AFFECT THE ADOPTEE'S INHERITANCE.
Remember,
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.
|
IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
|
|
|
IN
AND FOR __________ COUNTY, FLORIDA
|
|
|
|
IN
THE MATTER OF THE ADOPTION OF
|
|
|
|
|
{use
name to be given to the minor}
Adoptee.
|
|
|
|
|
MOTION
FOR SEARCH OF THE PUTATIVE FATHER REGISTRY
|
|
|
Petitioner,
{full
legal name}
____________________, files this Motion for Search of the Putative Father
Registry, pursuant to Chapter 63, Florida Statutes, and states:
|
|
|
1.
|
|
This
is an action for adoption of a minor by the
child's stepparent, Petitioner, who is proceeding pro se.
|
|
|
2.
|
|
Section
63.054, Florida Statutes, requires that in every adoption, a search
of the Putative Father Registry maintained by the Department of
Health, Office of Vital Statistics be conducted. Section
63.0541, Florida Statutes, makes information maintained by the Registry confidential
and exempt from public disclosure, except that it may be
disclosed to adoption entities, registrant unmarried biological fathers, and the
court, upon issuance of a court order concerning a petitioner
acting pro se.
|
|
|
3.
|
|
The
?Florida
Putative Father Registry-Application for Search?
is completed and attached to this Motion.
|
|
|
WHEREFORE,
I request that this Court enter an Order Granting Motion
for Search of the Putative Father Registry.
|
|
|
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.
|
|
|
Sworn
to or affirmed and signed before me on __________ by
_.
|
|
|
|
|
|
|
|
NOTARY
PUBLIC or DEPUTY CLERK
|
|
|
|
|
|
|
|
[Print,
type, or stamp commissioned name of notary or clerk.]
|
|
|
|
___
|
|
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]
|
|
|
I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
_, who is the petitioner, fill out this form.
|
|
|
IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
|
|
|
IN
AND FOR __________ COUNTY, FLORIDA
|
|
|
|
IN
THE MATTER OF THE ADOPTION OF
|
|
|
|
|
{use
name to be given to the minor}
Adoptee.
|
|
|
|
|
ORDER
GRANTING MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY
|
|
|
Upon
consideration of Petitioner's Motion for Search of the Putative Father
Registry, this Court finds:
|
|
|
1.
|
|
This
is an action for adoption of a minor by the
child's stepparent, Petitioner, who is proceeding pro se.
|
|
|
2.
|
|
Section
63.054, Florida Statutes, requires that in every adoption, a search
of the Putative Father Registry maintained by the Department of
Health, Office of Vital Statistics be conducted. Section
63.0541, Florida Statutes, makes information maintained by the Registry confidential
and exempt, except that it may be disclosed to adoption
entities, registrant unmarried biological fathers, and the court, upon issuance
of a court order concerning a petitioner acting pro se.
|
|
|
|
|
NOW,
THEREFORE, IT IS ORDERED THAT:
|
|
|
1.
|
|
The
Office of Vital Statistics, Department of Health shall conduct a
search of the Putative Father Registry upon receipt of a
completed application and payment of any authorized fee.
|
|
|
2.
|
|
The
State Registrar shall issue a certificate indicating the results of
such search which shall be filed in this proceeding by
transmitting the certificate to the clerk of court.
|
|
|
|
State
Registrar, Office of Vital Statistics
|
|
*806
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.981(b)(1),
JOINT PETITION FOR ADOPTION BY STEPPARENT
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 minor, 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).
Determining
whether someone's consent is required may be 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
changes the venue.
*807
What
should I do next?
For
your case to proceed, you must have the written consent
of the other birth parent and the child, if 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. Section
63.054, Florida Statutes, requires that in each adoption proceeding the
Florida Putative Father Registry be searched. You
will 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?
found 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 and 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.
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 Court 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).
*808
?
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 VISITATION
AND CUSTODY, WHERE APPROPRIATE, IN THE EVENT OF A LATER
DIVORCE, AND MAY BE LIABLE FOR CHILD SUPPORT IN THE
EVENT OF A LATER DIVORCE. YOU
COULD BE LIABLE IN LITIGATION FOR THE ACTIONS OF THE
ADOPTEE(S). THIS
ADOPTION MAY ALSO AFFECT THE ADOPTEE'S INHERITANCE.
Remember,
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.
|
IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
|
|
|
IN
AND FOR __________ COUNTY, FLORIDA
|
|
|
|
IN
THE MATTER OF THE ADOPTION OF
|
|
|
|
|
{use
name to be given to child(ren)}
|
|
|
|
|
|
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
certified copy of the birth certificate(s) is/are attached.
|
|
|
3.
|
|
The
child(ren) has (have) resided in my care and custody 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 continue 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 dates and places of my
divorces, if any:
|
|
|
|
|
Date
of Divorce
|
|
Place
of Divorce
|
|
|
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
of 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:
|
|
|
Name
|
|
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.
|
|
|
___
|
|
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 certificate from the State Registrar
will be filed in this action.
|
|
|
WHEREFORE,
I request that this Court terminate the parental rights of
the noncustodial parent, enter a Final Judgment of Adoption of
the Minor Child(ren) by Petitioner Stepparent and, as requested, change
the name of the adoptee(s).
|
|
|
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.
|
|
|
Sworn
to or affirmed and signed before me on __________ by
_.
|
|
|
|
|
|
|
|
NOTARY
PUBLIC or DEPUTY CLERK
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[Print,
type, or stamp commissioned name of notary or deputy clerk.]
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___
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Produced
identification
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Type
of identification produced ____________________
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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.
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Signature
of (
)
mother (
)
father
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Sworn
to or affirmed and signed before me on __________ by
_.
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NOTARY
PUBLIC or DEPUTY CLERK
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[Print,
type, or stamp commissioned name of notary or deputy clerk.]
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___
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Produced
identification
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Type
of identification produced ____________________
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IF
A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST
FILL IN THE BLANKS BELOW:
[
fill in all
blanks]
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I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
_, who is the petitioner, fill out this form.
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IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
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IN
AND FOR __________ COUNTY, FLORIDA
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IN
THE MATTER OF THE ADOPTION OF
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{use
name to be given to child(ren)}
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FINAL
JUDGMENT OF STEPPARENT ADOPTION
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Upon
consideration of the Joint Petition for Adoption by Stepparent and
the evidence presented, the Court finds that:
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1.
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The
Court has subject matter jurisdiction over the Joint Petition for
Adoption by Stepparent.
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2.
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The
Court has jurisdiction over the minor child(ren) subject to the
Joint Petition for Adoption by Stepparent.
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3.
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Petitioner
desires the permanent responsibility of a parent in this adoption.
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4.
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There
is no pending litigation regarding the child(ren) in Florida or
in any other state, nor is there any other person
not a party to these proceedings who has or claims
to have physical custody or rights to the minor child(ren).
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5.
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The
consent of the birth (
)
mother (
)
father who is not married to Petitioner is:
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___
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attached
to the petition
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___
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not
required because he or she is deceased. A
certified copy of the death certificate is attached.
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___
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the
parent has deserted the child without means of identification or
has abandoned the child.
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___
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the
parent's rights have been terminated by a court of competent
jurisdiction.
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___
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the
parent has been declared incompetent and restoration of competency is
medically improbable.
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___
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the
legal guardian or lawful custodian of the adoptee(s), other than
the birth parent, who has failed to respond in writing
to a request for consent for a period of 60
days or the Court has examined the written reasons for
withholding consent and has found the withholding of consent to
be unreasonable.
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6.
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The
best interests of the child(ren) will be promoted by this
adoption.
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7.
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The
minor child(ren) is (are) suitable for adoption by Petitioner.
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NOW,
THEREFORE, IT IS ORDERED that:
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1.
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The
minor child(ren) subject to the Petition is (are) declared to
be the legal child(ren) of Petitioner, {name}
_
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2.
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The
minor child(ren) shall be the child(ren) and legal heir(s) at
law of Petitioner, {name}
____________________, and shall be entitled to all rights and privileges,
and subject to all obligations, of children born of Petitioner.
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3.
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All
legal relations between the adoptee(s) and the noncustodial parent and
between the adoptee(s) and the relatives of that parent are
terminated by this adoption, as are all parental rights and
responsibilities of that birth parent.
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4.
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This
Final Judgment of Adoption creates a relationship between the adoptee(s)
and Petitioner and all relatives of Petitioner that would have
existed if the adoptee(s) was (were) a blood descendant of
the Petitioner, born within wedlock, entitled to all rights and
privileges thereof, and subject to all obligations of a child
being born to Petitioner.
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5.
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The
minor child(ren) shall hereafter be known as {full
legal name(s)}:
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Petitioners
(or their attorney)
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*812
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.981(c)(1),
PETITION FOR ADOPTION OF ADULT BY STEPPARENT
When
should this form be used?
This
form should be used when a stepparent is adopting his
or her spouse's
adult
child. You
must obtain the written consent of the adult child to
be adopted, as well as the written consent of his
or her spouse (if married).
This
form should be typed or printed in black ink. The
name to be given to the adoptee 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. You
must have your signature witnessed by a notary
public
or deputy
clerk.
After
completing this form, you should file
the original with the clerk
of the circuit court
in the county where either you or the adoptee live
and keep a copy for your records.
What
should I do next?
For
your case to proceed, you must have the written consent
of the adoptee, and his or her spouse if married.
Consent
of the birth parent is not required, but written notice
of the final hearing on the adoption must be provided
to the parents, if any, or proof of service of
process must be filed showing notice has been served on
the parents. If
you know where they live, you must use personal
service.
If
you absolutely do not know where they live, you may
use constructive
service.
For
more information about personal and constructive service, you should refer
the ?General
Instructions for Self-Represented Litigants?
found 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*813
constructive service is very complex and you may wish to
consult an attorney regarding that issue.
When
you have filed all of the required forms and met
the requirements for consent 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 judicial
assistant
to set a final
hearing,
and notify the other party(ies) using a Notice
of Hearing (General),
Florida
Supreme Court Approved Family Law Form 12.923, or other appropriate
notice of hearing form.
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.
Special
notes ...
With
this petition you must file the following:
?
Stepparent
Adoption: Consent
of Adoptee,
Florida
Supreme Court Approved Family Law Form 12.981(a)(2)
?
Stepparent
Adoption: Consent
of Adult Adoptee's Spouse,
Florida
Supreme Court Approved Family Law Form 12.981(c)(2), if the adoptee
is married
THIS
ADOPTION MAY AFFECT THE ADOPTEE'S INHERITANCE.
Remember,
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.
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IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
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IN
AND FOR __________ COUNTY, FLORIDA
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IN
THE MATTER OF THE ADOPTION OF
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{use
name to be given to adult}
Adoptee.
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PETITION
FOR ADOPTION OF ADULT BY STEPPARENT
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Petitioner,
{full
legal name}
____________________, files this petition for adoption of the above-named adult,
pursuant to Chapter 63, Florida Statutes, and states:
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1.
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This
is an action for adoption of an adult by the
adult's stepparent, Petitioner.
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2.
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I
desire to adopt {adult's
full legal name}
_, who was born on {date}
__________, at {city,
county and state}
_.
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3.
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I
desire to adopt the adult because: _.
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4.
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I
am ___ years old, and I have resided at {address}
_, Florida for _____ years.
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5.
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The
adoptee's name shall be: _.
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6.
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The
adoptee's birth parents are:
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7.
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Notice.
Notice to the birth parents was made by: _.
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a.
The
consent of the adoptee is attached.
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___
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b.
The
adoptee is married to {full
legal name of adoptee's spouse}
____________________, and the consent of the spouse is attached.
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___
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c.
The
adoptee is not married.
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9.
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Written
notice of this final hearing was provided to the parents
or proof of service of process showing notice has been
served on the parents is attached.
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WHEREFORE,
I request that this Court enter a Final Judgment of
Adoption of the adult by Petitioner Stepparent and change the
name of the adoptee.
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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.
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Sworn
to or affirmed and signed before me on __________ by
_.
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NOTARY
PUBLIC or DEPUTY CLERK
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[Print,
type, or stamp commissioned name of notary or clerk.]
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___
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Produced
identification
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Type
of identification produced ____________________
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IF
A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST
FILL IN THE BLANKS BELOW:
[
fill in all
blanks]
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I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
_, who is the petitioner, fill out this form.
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*815
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(c)(2),STEPPARENT ADOPTION:
CONSENT
OF ADULT ADOPTEE'S SPOUSE
When
should this form be used?
This
form must be completed by the spouse
of an adult who is being adopted.
This
form should be typed or printed in black ink. After
completing this form, the spouse of the adoptee should sign
the form before a notary
public
or deputy
clerk.
You
should file
the original with the clerk
of the circuit court
in the county where the petition
for adoption of an adult was filed and keep a
copy for your records.
Special
notes ...
Remember,
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 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.
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IN
THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,
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IN
AND FOR __________ COUNTY, FLORIDA
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{use
name to be given to child(ren)}
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STEPPARENT
ADOPTION: CONSENT
OF ADULT ADOPTEE'S SPOUSE
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1.
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I,
{full
legal name}
____________________, am the (
)
wife (
)
husband of {full
legal name}
____________________, who Petitioner, {full
legal name}
wishes to adopt.
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2.
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I
consent to the adoption of my spouse by Petitioner.
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3.
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I
understand my right to choose a person who does not
have an employment, professional, or personal relationship with the adoption
entity or the prospective adoptive parents to be present when
this affidavit is executed and to sign it as a
witness. The
witness I selected is: {full
legal name}
_.
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I
understand that I am swearing or affirming under oath to
the truthfulness of the claims made in this consent and
that the punishment for knowingly making a false statement includes
fines and/or imprisonment.
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Signature
of Witness
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Signature
of Witness
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Printed
Name: _
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Printed
Name: _
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Business
Address: _
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Business
Address: _
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Home
Address: _
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Home
Address: _
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Driver's
License or
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Driver's
License or
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State
ID Card No.: _
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State
ID Card No.: _
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Sworn
to or affirmed and signed before me on __________ by
_.
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NOTARY
PUBLIC or DEPUTY CLERK
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[Print,
type, or stamp commissioned name of notary or deputy clerk.]
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___
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Produced
identification
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Type
of identification produced ____________________
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IF
A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST
FILL IN THE BLANKS BELOW:
[
fill in all
blanks]
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I,
{full
legal name and trade name of nonlawyer}
_, a nonlawyer, located at {street}
____________________, {city}
_, {state}
__________, {phone}
__________, helped {name}
_, who is the ____________________, fill out this form.
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Fla.,2004.
Amendments
to Florida Supreme Court Approved Family Law Forms--Stepparent Adoption Forms
870
So.2d 791, 29 Fla. L. Weekly S141
Briefs and Other Related Documents
?
SC04-104 (Docket) (Jan. 30, 2004)
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