Fort Lauderdale Divorce Lawyer Blog
Many step-parents have loving relationships with their step-children and eventually wish to adopt them. If the biological parents consent to the adoption, the process should be relatively seamless. As demonstrated in a recent Florida case, though, problems can arise if the court has concerns about an adoption agreement’s language. If you want to learn more about step-parent adoption, it is wise to confer with a Miami adoption attorney to evaluate your options.
Facts of the Case and Procedural History
It is reported that the stepfather, with the assistance of an adoption entity, sought to adopt his twelve-year-old stepdaughter. The biological father executed a consent form for the adoption, which closely adhered to the language prescribed by Florida Statutes. This consent explicitly stated its irrevocable nature except under circumstances of fraud or duress.
Allegedly, the father simultaneously entered into an Adoption Settlement Agreement with the stepfather and the child’s mother, which aimed to settle all claims regarding the child and outlined provisions for an “open adoption” allowing continued contact between the father and the child. Despite the parties filing necessary documents and complying with court orders to address deficiencies, the trial court, without a hearing, invalidated the consent and dismissed the adoption petition based on concerns about the agreement’s language. The stepfather appealed. Continue reading ›