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If the biological father is unwilling to consent and wishes to fight the adoption, the adopting stepfather and the child's mother must pursue legal proceedings to have the biological father's rights terminated by the court.
A stepparent does not have an independent right to adopt. Instead, the stepparent must have the consent of the biological parent whose rights are being terminated. However, the need for consent may be waived in some situations where that person cannot be found or has abandoned the child.
The requirements for a stepparent to adopt a stepchild in Florida are: The stepparent must be able to financially and morally support the stepchild. The stepparent and the stepparent's spouse must file a joint petition for adoption. If applicable, the biological father must consent to the adoption.
Who must consent to adoption in Florida? Florida adoption laws require that all vested parties offer consent to adopt during the adoption process. Consent is required of any person who is entitled to legal custody of a minor child. In most contexts, that includes the birth mother and birth father.
Husband and wife are required to give consent and legal papers are to be signed by both. Once adoption is complete the child so adopted shall have all rights as available to naturally born child.