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FORM 12.981(a)(1),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.981(a)(1),
STEPPARENT ADOPTION: CONSENT AND WAIVER BY PARENT (11/15)
When should this form be used?
This form is to be completed and signed by the parent who is giving up all rights to, custody of, and
time- sharing with the minor child to be adopted. This consent shall not be executed before the birth of
the minor child. For more information about consenting to adoption, you should refer to Chapter 63,
Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular.
This form should be typed or printed in black ink. It must be signed in the presence of a notary public or
deputy clerk and two witnesses other than the notary or clerk. You should file this form with the Joint
Petition for Adoption by Stepparent, Florida Supreme Court Approved Family Law Form 12.981(b)(1).
After completing this form, you should hand deliver a copy or duplicate original to the parent giving
consent and have them sign the original saying they received a copy. Then you should file the original
with the clerk of the circuit court in the county where the Joint Petition for Adoption by Stepparent,
Florida Supreme Court Approved Family Law Form 12.981(b)(1) is filed and keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving pleadings
by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of
Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of
Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the
A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
Instructions for Florida Supreme Court Approved Family Law Form 12.981(a)(1), Stepparent Adoption: Consent and
Waiver by Parent (11/15)
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears.
Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme
Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida
Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Special notes...
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.981(a)(1), Stepparent Adoption: Consent and
Waiver by Parent (11/15)
_________________________________________
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA
Case No.:
Division:
IN THE MATTER OF THE ADOPTION OF
{use name to be given to minor child(ren)} Adoptee(s).
CONSENT AND WAIVER BY PARENT
1. I, {full legal name} , am the {Choose only one}
_____ father or _____ mother of the minor child(ren) subject to this consent who is/are:
Child’s Current Name Gender Birth date Birthplace
{city, county, state}
a.
b.
c.
d.
e.
f.
2. I relinquish all rights to, custody of, and time sharing with this (these) minor child(ren),
{name(s)} ______________________________________________________________________,
with full knowledge of the legal effect of the stepparent adoption and consent to the adoption
by the child(ren)’s stepparent whose name is: {Choose only one}
_____ {name}
_____ not required for my granting of this consent.
3. I understand my legal rights as a parent and I understand that I do not have to sign this consent
and release of my parental rights. I acknowledge that this consent is being given knowingly,
freely, and voluntarily. I further acknowledge that my consent is not given under fraud or
duress; I understand that there is a “grace period” in Florida during which I may revoke my
consent. If the child to be adopted is older than 6 months at the time of consent, this grace
period is for 3 business days. The term “business day” means any day on which the United
States Postal Service accepts certified mail for delivery. I understand that, in signing this
consent, I am permanently and forever giving up all my parental rights to and interest in this
(these) minor child(ren) and that this consent may only be withdrawn if the Court finds it was
obtained by fraud or duress. I voluntarily, permanently relinquish all my parental rights to this
(these) minor child(ren).
4. I consent, release, and give up permanently, of my own free will, my parental rights to this
Florida Supreme Court Approved Family Law Form 12.981(a)(1), Stepparent Adoption: Consent and Waiver by
Parent (11/15)
______________________________________
____________________________________
______________________________________
(these) minor child(ren), for the purpose of stepparent adoption.
5. I waive any further notice of the stepparent adoption proceeding.
6. I understand that pursuant to Chapter 63, Florida Statutes, “an action or proceeding of any kind
to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment
terminating parental rights on any ground may not be filed more than 1 year after entry of the
judgment terminating parental rights;”
7. I understand I have the right to choose a person who does not have an employment,
professional, or personal relationship with the adoption entity or the prospective adoptive
parents to be present when this affidavit is executed and to sign it as a witness. The witness I
selected is: {full legal name} _________________________________________________.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
consent and waiver and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
Dated: _____________________________
Signature of Witness
Printed Name: _________________________
Business Address: _______________________
Home Address: _________________________
Driver’s License No.: _____________________
State ID Card No.: _______________________
Signature of Parent: ______________________
Printed Name: __________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ____________________________
Designated E-mail Address(es): _____________
Signature of Witness
Printed Name: _________________________
Business Address: _______________________
Home Address: _________________________
Driver’s License No;: _____________________
State ID Card No.: _______________________
Florida Supreme Court Approved Family Law Form 12.981(a)(1), Stepparent Adoption: Consent and Waiver by
Parent (11/15)
__________________________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on {date} .
NOTARY PUBLIC or DEPUTY CLERK
{Print, type, or stamp commissioned name of notary or
deputy clerk.}
_ Personally known
_ Produced identification
Type of identification produced
I hereby acknowledge receipt of a copy or duplicate original of this executed Consent and Waiver.
Signature of Parent
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Mother ( ) Father
This form was completed with the assistance of:
{name of individual}___________________________________________________________________,
{name of business} ____________________________________________________________________,
{address}___________________________________________________________________________,
{city} _____________,{state} _____, {zip code}_____________{telephone number} _______________.
Florida Supreme Court Approved Family Law Form 12.981(a)(1), Stepparent Adoption: Consent and Waiver by
Parent (11/15)
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FORM 12.981(a)(1),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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Completed 12 November 2020

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