Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Florida may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Florida child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Ann. Stat. § 63.212(1)(g)
It is unlawful for any person, except an adoption entity, to advertise or offer to the public, in any way, by any medium whatever, that a minor is available for adoption or that a minor is sought for
adoption.
It is unlawful for any person to publish or broadcast any such advertisement without including the Florida license number of the agency or attorney placing the advertisement.
Use of Intermediaries/Facilitators
Citation: Ann. Stat. §§ 63.032; 63.039; 63.085
An intermediary is an attorney, acting as an adoption entity, who places a child for adoption. An adoption entity has an affirmative duty to:
Make full disclosure of all State law requirements for adoption
Obtain necessary consents
File necessary petitions and affidavits
Serve notices of hearings
Report to court all expenses paid
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 63.097
Reasonable living expenses of the mother that the mother is unable to pay due to unemployment or disability that may include rent, utilities, basic phone service, food, transportation, clothes, and
insurance
Medical or hospital care received by the mother or minor
Services related to the adoption
Attorney and other professional fees
Any other expenses found by the court to be necessary
Expenses may be paid during pregnancy and up to 6 weeks postpartum.
Birth Parent Expenses Not Allowed
Citation: § 63.097
Any payment not itemized on the affidavit
Any fee for which service is not specified
Any payment for locating a minor for adoption
Allowable Payments for Arranging Adoption
Citation: § 63.097
A licensed agency, professional, or any other person is due an amount equal to the cost of all services performed.
Allowable Payments for Relinquishing Child
Citation: §§ 63.212(1)(c); 63.085
It is unlawful to sell or surrender a child to another person for money or anything of value.
The payment of expenses does not obligate the birth mother's consent.
Accounting of Expenses Required by Court
Citation: § 63.132
The petitioner and adoption entity must file an itemized affidavit of a full accounting of all disbursements for expenses, including professional and legal fees, and any additional information the court
requests.
The expenses that must be included are specified in statute.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Stat. § 63.062
A petition to terminate parental rights pending adoption may be granted only if written consent has been executed by:
The mother of the minor
The father of the minor, if:
The minor was conceived or born while the father was married to the mother.
The minor is his child by adoption.
The minor has been established by court proceeding to be his child.
He has filed an affidavit of paternity.
In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, and has filed such acknowledgment with
the Office of Vital Statistics of the Department of Health within the required timeframes.
Any person lawfully entitled to custody of the minor, if required by the court
The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor does not have authority to consent to the adoption
If parental rights to the minor have previously been terminated, the adoption entity with which the minor has been placed for subsequent adoption may provide consent to the adoption. In such case, no other
consent is required.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 63.062(1)(c)
A child age 12 or older must consent, unless the court determines it is in the child's best interest to dispense with consent.
When Parental Consent is not Needed
Citation: Ann. Stat. § 63.064
The court may waive the consent of the following individuals to an adoption:
A parent who has deserted a child without means of identification or who has abandoned a child
A parent whose parental rights have been terminated by order of a court of competent jurisdiction
A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable
A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of
his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably
The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that
are found by the court to constitute unreasonable withholding of consent
When Consent Can Be Executed
Citation: Ann. Stat. § 63.082
An affidavit of nonpaternity may be executed before the birth of the minor; however, the consent to an adoption shall not be executed before the birth of the minor.
A consent to the adoption of a minor shall not be executed by the birth mother sooner than 48 hours after the minor's birth or the day the birth mother has been notified in writing that she is fit to be
released from the hospital or birth center, whichever is earlier.
A consent by a biological father or legal father may be executed at any time after the birth of the child.
Revocation of Consent
Citation: Ann. Stat. § 63.082
A consent to adoption executed by the mother within 48 hours of the child’s birth is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or duress.
When the minor to be adopted is older than age 6 months at the time of the execution of the consent, the consent to adoption is valid upon execution; however, it is subject to a 3-day revocation period
or may be revoked at any time prior to the placement of the minor with the prospective adoptive parents, whichever is later.
Following the revocation period for withdrawal of consent or the placement of the child with the prospective adoptive parents, whichever occurs later, consent may be withdrawn only when the court finds
that the consent was obtained by fraud or duress.
An affidavit of nonpaternity may be withdrawn only if the court finds that the affidavit was obtained by fraud or duress.
Rights of Presumed (Putative) Father
Registry/Paternity Requirements to Receive Notice
Citation: §§ 63.054; 39.803
The putative father must file a notarized claim of paternity form with the Putative Father Registry.
The form may be filed at any time prior to the child's birth, or the filing of a petition for termination of rights.
If the identity or location of a parent is unknown and a petition for termination of rights is filed, the court will conduct an inquiry.
If a prospective parent is identified, he may complete a sworn affidavit of parenthood, which must be filed no later than at the time of or prior to the adjudicatory hearing in the termination proceeding.
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