Wednesday

Family Law: Adoption Forms

This is a follow up to my Stepparent Adoption article on July 11. I have received a number of e-mails requesting that I put some of the adoption forms online. The following Adoption form is a Joint Petition for Adoption filed by both the natural and stepparent.

The form is provided for informational purposes only. You will need to have an attorney revise the form to meet your specific needs. It is important that you have an experienced family law attorney review the form. Family Laws frequently change and your attorney will be able to advise you on any new changes. The form is as follows:

IN THE _____________ COURT IN___________ COUNTY, [STATE]
FAMILY DIVISION

CASE NO.:

IN THE MATTER OF THE ADOPTION OF:

[NAME OF ADOPTEE(S)],

Adoptee(s),
_______________________________________/

JOINT PETITION FOR ADOPTION BY STEPPARENT

Pursuant to [PROVIDE YOUR STATE’S ADOPTION STATUTE], petitioner [NAME OF STEPPARENT PETITIONER] ("Petitioner") files this joint petition for adoption of the above named children. This petition is filed by Petitioner along with [NAME OF NATURAL PARENT] (the "Children's [FATHER/MOTHER]"), Petitioner's [WIFE/HUSBAND] and the [FATHER/MOTHER] and guardian of the children. Petitioner and the Children's [FATHER/MOTHER], being sworn, state as follows:

1. This is an action for adoption of [NUMBER OF CHILDREN TO BE ADOPTED] minor children by Petitioner, their step[FATHER/MOTHER].

2. I desire to adopt the following children:
(a.) [NAME OF FIRST CHILD], born on [BIRTHDATE OF FIRST CHILD] in [PLACE OF BIRTH];

(b) [NAME OF SECOND CHILD], born on [BIRTHDATE OF SECOND CHILD] in [PLACE OF BIRTH]; and

(c) [NAME OF THIRD CHILD], born on [BIRTHDATE OF THIRD CHILD] in [PLACE OF BIRTH];.

Certified copies of their birth certificates are attached hereto.

3. The children have resided in my care and custody since [DATE]. I wish to adopt the children because I would like to legally establish the parent-child relationship already existing between the children and me. Since the above date, I have been able to provide adequately for the material needs of the children and am able to continue doing so in the future, as well as to provide for the children=s mental and emotional well-being.

4. I am [AGE] years old and have resided at [STEPPARENT PETITIONER’S ADDRESS] for [NUMBER] years.

5. I married [CHILDREN’S NATURAL PARENT], the [FATHER/MOTHER] of the children on [MARRIAGE DATE] in [PLACE OF MARRIAGE].

6. [IF APPLICABLE] I was divorced from [EX-SPOUSE] on [DATE OF DIVORCE] in [PLACE WHERE DIVORCE WAS FINALIZED].

7. 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.

8. A description and estimate of the value of any property of the adoptee children is as follows:
The children do not have any property.

9. Consent to the adoption by [ALL CHILDREN TWELVE YEARS OLD OR OLDER] is attached. Consent is not required for the adoption of [CHILDREN UNDER TWELVE YEARS OLD] because they are not twelve (12) years of age.

10. No person exists whose consent is required but did not waive notice or whose consent is required but did not provide consent.

11. The three (3) children all have the same birth [FATHER/MOTHER] whose name is [NAME OF BIRTH PARENT GIVING UP PARENTAL RIGHTS] (the "Birth [FATHER/MOTHER]"). Attached is the Birth [FATHER/MOTHER]'s consent to this adoption.

WHEREFORE, I request that this Court terminate the parental rights of the noncustodial Birth [FATHER/MOTHER], enter a Final Judgment of Adoption of the Minor Children by Petitioner Step[FATHER/MOTHER] and, as requested, change the name of the adopted children.

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.


Dated: ________________________ _____________________________________
Signature of Petitioner Stepparent

Printed Name:
Address:
Telephone Number:


STATE OF _________________
COUNTY OF _______________

The foregoing instrument was sworn to and subscribed before me this _________ day of _______________________, 2004, by [PETITIONER STEPPARENT] who executed the foregoing and produced ____________________ as identification or is personally known to me.


____________________________________
Signature of Notary Public


(SEAL)

____________________________________
Print, Type or Stamp Commissioned
Name of Notary Public
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