Posted by Robert/FL on 5/11/10 9:05am
Msg #335807

Heads up to FL notaries re: adoptions

We are handling a grandparent adoption at my office and the consent forms signed by the birth parents require notarization. The forms were rejected because the notary is required to give the *TIME OF EXECUTION* in the jurat. Needless to say our client will not be happy that she has to get these forms signed again.

In addition, the form requires two witnesses and the notary may *NOT* be one of the witnesses, even though the notary is not notarizing the witnesses' signatures. Also, the notary must PRINT (not stamp) the commissioned name -AND- commission expiration date.

Just letting FL notaries know that if you come across an adoption consent form, you have to add the above information even if there is not a space for it.

Reply by PAW on 5/11/10 9:26am
Msg #335813

Which form?

Are you talking about Form 12.981(a)(1), Stepparent Adoption: Consent and Waiver by
Parent? Or Form 12.981(a)(2), Stepparent Adoption: Consent of Adoptee? If so, I'm not aware of the additional requirements you mentioned. (Time of execution and not being able to use a stamp for the name and number beneath the notary's signature.) Witnesses (not the notary) has always been a part of the forms.

Please provide more specifics, in particular the form being used and/or the instruction notice for completing the form that states the requirement. Thank you. (You may email the particulars to me if you don't want to publicly post them.)

Reply by Robert/FL on 5/11/10 9:36am
Msg #335817

Re: Which form?

The only "official" form is Family Law form 12.981(a)(1) - Consent and Waiver by Parent for Step-parent adoption. In this case, it was not a step-parent adoption but the consent form was one that I drafted in a similar format to the step-parent adoption consent.

The court sent us a checklist that the staff attorneys use to review these adoption files, and the notary requirements were as follows:

- Signature of two witnesses, including printed names and full addresses of eah witness (notary cannot be one of the witnesses)
- Fully executed notary jurat with notary signature, printed name and commission expiration date, whether individual is personally known to the notary or the type of identification provided to the notary, and the date of execution of consents
- Notary must indicate time of execution

In the consent form I drafted, I used the standard statutory jurat (which did not include the time of execution or the printed expiration date). In addition, my consent form had the notary serve as one of the witnesses and the witnesses did not provide their addresses under the signature.

Reply by PAW on 5/11/10 10:07am
Msg #335819

Re: Which form?

That's interesting. FS 63.082 specifies, "The notary public must legibly note on the consent or the affidavit the date and time of execution." It doesn't state that the time of execution be included in the jurat, but I guess as long as it is there it doesn't make any difference where it is stated. I didn't find a reference to the notary's commission number and expiration date, but many forms drafted by the courts, at least up here, include blank spaces for that information on the certificate.

Reply by Robert/FL on 5/11/10 10:22am
Msg #335822

Re: Which form?

Well it never *hurts* to add that information if the form calls for it. Even though notary shouldn't be required to print the commission number and exp. date, IMO if there are blanks for it the blanks should be filled in.