Instructions for Florida Supreme Court Approved Family Law Form 12.981(b)(1), Joint Petition for
Adoption by Stepparent (11/15)
applicable. The court may choose not to require consent to an adoption in some circumstances. For
more information about situations where consent may not be required, see section 63.064, Florida
Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish
to consult with an attorney. Section 63.054, Florida Statutes, requires that in each adoption proceeding,
the Florida Putative Father Registry be searched. You will need an order from the judge to do this,
which you can request by filing a Motion for Search of the Putative Father Registry, Florida Supreme
Court Approved Family Law Form 12.981(a)(6).
When you have filed all of the required forms and met the requirements as outlined above, you are ready
to set a hearing on your petition. You should check with the clerk of court, family law intake staff or
the judicial assistant to set a final hearing. If all persons required to consent have consented and the
consents/affidavits of nonpaternity have been filed with the court, the hearing may be held immediately.
If not, notice of the hearing must be given as provided by the Rules of Civil Procedure. See Form 1.902,
Florida Rules of Civil Procedure. If you know where the other birth parent lives, you should use personal
service. If you absolutely do not know where he or she lives, you may use constructive service. In order
to use constructive service you will need to complete and submit to the court Stepparent Adoption:
Affidavit of Diligent Search, Florida Supreme Court Approved Family Law Form 12.981(a)(4). For more
information about personal and constructive service, you should refer to the “General Instructions for
Self-Represented Litigants” found at the beginning of these forms and the instructions to Florida Family
Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law
Form 12.913(a). However, the law regarding constructive service is very complex and you may wish to
consult an attorney regarding that issue.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. See Chapter 63, Florida Statutes, and Florida Family Law Rule 12.200(a)(2) for
further information.
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.
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.