A
step-parent adoption always requires one natural parent to lose parental
rights. The natural parent losing rights must consent to the termination of
rights to the child. If the natural parent does not consent, one of the
following must have occurred to proceed with the adoption:
Natural parent has abandoned the child financially or emotionally
Natural parent has been incarcerated for the majority of the child’s life
Natural parent is deceased (Must provide Death Certificate)
Natural parent is prohibited from having a relationship with the child
In
circumstances where the natural parent is unlocatable, a diligent search must
be executed. After the search, if the whereabouts of the natural parent are not
discovered, Florida law requires one to serve constructively by advertising for
the individual. A newspaper ad
must appear in the area where the natural parent was last seen, once a week for
four weeks.
Upon
completion of the search, if the natural parent has been located, he/she must be
served with notice of the adoption. Receiving legal notice allows the natural
parent to respond to the proceeding. If he/she does not respond within the
designated time allotted and appear at the proceeding, he/she waives their
legal rights.
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