Greenspoon Marder attorneys Marla Neufeld and Jason Alman recently discussed the importance of stepparent and second-parent adoption on The Surrogacy Space podcast. Both attorneys routinely handle these matters, helping loving families throughout Florida protect their parent-child relationships and secure legal recognition.
For many families, parenthood is all about love, commitment, and years of parenting. In Florida, though, being a parent in the real sense is not necessarily the same as being a legal parent. Stepparent and second-parent adoptions are vital to provide a legal framework that protects parent-child relationships and secures parental rights for the future.
What Is a Stepparent Adoption?
A stepparent adoption is where a parent’s spouse adopts the child. As part of the process, the stepparent becomes the child’s legal parent while preserving the existing parent’s rights. The process can be for a child of any age, from a minor through to a teenager and even an adult.
A very common myth is that adoption is only for young kids. It’s not. Florida law allows for adoption well into adulthood. You can adopt a child of any age.
Understanding Second Parent Adoptions
Second-parent adoptions achieve the same end but are generally used by unmarried co-parents. Florida law doesn’t define second-parent adoption. Still, the process is frequently used by couples who wish to ensure that both parents have legally recognized parental rights even in the absence of a marriage. These adoptions are particularly common among families formed through ART, reciprocal IVF, and surrogacy.
Why a Birth Certificate May Not Be Enough
One of the most frequently asked questions by prospective parents is ‘is an adoption necessary if both parents are already on the birth certificate?’ Alman’s view is that a final judgment of adoption provides greater legal protection because it is a court order establishing the parent-child relationship.
Once the adoption order is final, it’s a legally enforceable document that families can rely on in all sorts of circumstances. The birth certificate is of course important, but many families will go for a stepparent or second parent adoption as the court order provides an extra level of security and certainty.
Protecting Families for the Future
Perhaps the most important benefit of a stepparent or second-parent adoption is the certainty it provides. You can spend years raising a child together and still be in a position where the parent’s rights are potentially at risk should the circumstances change. A legal order of parentage protects both the parent and, most importantly, the child.
Attorneys will often advise families to consider estate planning as part of the adoption process. Wills, guardianship appointments, healthcare directives, and other estate planning documents can go a long way to protecting the family’s wishes and provide further safeguards if a parent becomes incapacitated or dies.
For families formed via marriage, IVF, surrogacy, or other modern routes to parenthood, step-parent and second-parent adoptions can be a very useful way to provide reassurance that the legal relationship matches the family relationship that is, in fact, there.
This publication is provided by Greenspoon Marder LLP is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.
