Order Dismissing Petition In The Matter Of The Adoption printable pdf download

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR

LEE COUNTY, FLORIDA

CIVIL ACTION

In the matter of the adoption of

M. O. M., a minor child,

Case No. XX DR YYYY N

ORDER DISMISSING PETITION

This matter having come before the court on the joint petition of M. J. M. and S. F. for the

adoption of M. O. M., a minor child, by S. F., it is ordered:

1. Findings

The petition alleges that M. J. M. is the natural mother of M. O. M., a minor child, and that

S. F. is the stepparent of the child. However, the petition does not allege that M. J. M. and S. F. are

married, so S. F. is not a stepparent. A stepparent is a person who is married to a child’s natural

parent. The petition does not allege that S. F. is a “relative” of M. O. M., as defined by

§63.032(16).

M. J. M. joins the petition and consents to the adoption by S. F. However, M. J. M. has not

agreed to give up and terminate her parental rights, see Florida Family Law Form 12.981(a)(1),

and the petition does not allege there is a judgment terminating the mother’s parental rights.

The petition alleges that the mother knows the identity of the biological father. The mother

filed an “Affidavit of Non-Paternity” signed by her, in which she says, in so many words, that the

biological father has no parental rights.

However, the petition does not allege the existence of a judgment terminating the father’s

parental rights, and it does not allege facts demonstrating the father’s consent is not required or

facts justifying termination of his parental rights. The father has not been served with process and

he has not made a voluntary appearance. He has not filed a consent that gives up his parental

rights, see Florida Family Law Form 12.981(a)(1), or an affidavit of nonpaternity signed by him

that waives a claim to paternity. See Florida Family Law Form 12.981(a)(3), which may be used in

stepparent adoptions.

2. Ruling

The petition is dismissed for failure to state a cause of action. Chapter 63, Florida Statutes,

the “Florida Adoption Act” provides:

“(3) PREREQUISITE FOR ADOPTION. - A petition for adoption may not be filed until

after the date the court enters the judgment terminating parental rights pending adoption.

Order Dismissing Petition In The Matter Of The Adoption