Florida Adoptions

Adoption is a legal process that establishes a parent-child relationship under the law. State law governs adoptions, so we must turn to Florida adoption law to understand adoptions in the state of Florida.  

This FindLaw article will examine Florida adoption law.

Adoption Basics

Although adoption laws vary from state to state, a few similar foundational aspects exist for all adoptions. In almost all adoption processes, prospective adoptive parents must meet their state's eligibility criteria. They must also complete a background check or home study. Finally, a court, often a family court, must approve the adoption before it gets finalized. 

Florida adoption laws apply to the following:

• Domestic adoptions
• Foster care adoptions
• International adoptions
• Step-parent adoptions
• Close-relative adoptions

If you are considering adoption, here are a few things to keep in mind:

• Adoption costs, including court costs, legal fees
• Timeframes for adoptions can vary widely
• Legal advice throughout your adoption journey can help you avoid pitfalls

Adoption Criteria in Florida

In Florida, a person is eligible to adopt if they meet the following essential criteria:

• An adult living and working in Florida
• Have good character
• Have the ability to provide for the adoptive child

Florida does not discriminate based on marital status. The following groups can adopt a child in Florida:

• Single adults
• Married adults
• Step-parents

Before 2015, it was explicitly against Florida law for LGBTQ persons or same-sex couples to adopt. Today, there are no limitations on eligibility for LGBTQ persons or couples.

Types of Adoption

For those who qualify to adopt, the first step is to look at the existing types of adoption to determine the best fit. Florida offers four types of adoptions:

1. The entity adoption
2. The step-parent adoption
3. The close relative adoption
4. The adult adoption

Entity Adoption

In an entity adoption, the adoptive parents work with a Florida child-placing entity to adopt a child. Child-placing agencies include the following:

• Adoption attorneys
• A child-caring agency registered under §409.176 of the Florida Statutes
• A Florida child-placing agency registered under §63.202 of the Florida Statutes
• A child-placing agency licensed in another state but approved by the Florida Department of Children and Families

Section 63.039 of the Florida Statutes identifies the duties an adoption entity owes to prospective adoptive parents and sanctions for violations of these duties. A Florida adoption entity's duties include, but are not limited to, the following:

• Provide written initial disclosure to the prospective adoptive parent at the time and in the manner required under Fla. Stat. §63.085
• Provide written disclosure to the parent at the time and in the manner required under Fla. Stat. §63.085
• In the petition to terminate parental rights pending adoption, all information required under Fla. Stat. §63.087

Entity adoptions typically apply to infant and child adoptions, not step-parent, relative, or adult ones. In entity adoptions, prospective adoptive parents go through an agency or a different intermediary to adopt a child.

Step-parent Adoptions

In a step-parent adoption, one spouse adopts their spouse's child. Like other forms of adoption in Florida, a step-parent must demonstrate the ability to financially and morally support the adopted child. Step-parents must file a joint adoption petition with their spouses. They must also state how long they have lived with the minor child and why they want to adopt it. 

Generally, the child's biological father must consent to the adoption, or the petition should identify the reason such consent is not required. The court can terminate parental rights in the following scenarios:

• The biological parent has abandoned the child
• The biological parent's parental rights were terminated before the adoption
• The biological parent is incompetent under the law and unlikely to recover from their incompetency

Children 12 or older must consent to their adoption.

Close-Relative Adoption

A close-relative adoption is exactly what it sounds like. It is an adoption where an eligible person adopts a close family member. Kinship adoption is another term for close-relative adoption. In these types of adoptions, the following parties can adopt a child:

• Siblings
• Grandparents
• Aunt or uncle

Any of these parties can initiate a kinship adoption at any time, from childbirth to older children whose parents can no longer care for them. Like other types of Florida adoptions, kinship adoption requires the consent of both birth parents. Finally, Florida does not require a home study for close relative adoptions.

Adult Adoptions

Adult adoptions give many adults a chance at a forever family. Florida adult adoptions require the consent of the prospective adopted child and the prospective adoptive parent. If the prospective parent has a spouse, they must also consent. The court can still grant the adoption petition if the spouse is unavailable or unreasonably refuses to consent.

Further to Fla. Stat. 63.092(3), adult adoptions can proceed without a home study unless the court orders one for good cause.

The most common form of adoption is entity adoption, where prospective parents go through an agency or another intermediary to help with the procedures involved with adopting a child. The other types of adoption typically involve the children of other family members, such as a spouse, and often have more straightforward processes, as detailed below.

Florida Adoption Procedures

Each type of adoption in Florida has its own procedure. Please note that family court judges apply the best-interests-of-the-child standard to adoption proceedings.

To finalize a Florida adoption, the court must get proof that the biological parents of the child understand and accept that they are giving up all their parental rights to the child forever. The child's parent can consent to adoption, thereby surrendering their rights to the child. Alternatively, the intermediary can show proof that the parent has done one or more of the following:

• Abused their child
• Neglected their child
• Abandoned their child
• Failed to protect their parental rights under Florida law

Here are a few of the requirements for valid consent:

• If the child is less than 6 months old: The birth mother cannot sign her consent until 48 hours after the birth of the child or at her hospital discharge date (whichever is earlier). The birth father can sign his consent at any time after the birth.
• If the child is 6 months or older: The biological mother can sign her consent, with a subsequent revocation period of three days.  This three-day waiting period is the only way to overturn an adoption if it is proven that the consent was given under duress or fraud.
• Step-parent, close relative, or adult adoption: In a unified adoption proceeding, the adoptive parent can immediately finalize the adoption and terminate the biological parent's parental rights at the same time. Adults do not need the consent of their biological parents.

Post-Placement

After a child is in an adoptive home, the adoptive parents must finalize their adoption with court approval. This includes:

• Filing a petition of adoption with the clerk of the court that terminated the biological parental rights
• Filing this petition within 60 days of the termination of parental rights
• Holding the final hearing after the placement (not applicable for step-parent and adult adoptions)

Finalization

After the final hearing, the judge will finalize the adoption by issuing a final judgment of adoption. Through this final judgment, the adoptive parents become the adopted child's legal parents. This judgment may include a name change and a new birth certificate for the adopted child. Please note that once the court issues the final judgment, the child becomes the adoptive family's natural child.

Get Legal Help

Adoption journeys are specific to each prospective adoptive parent. If you are considering adoption in Florida, you should seek legal advice from an experienced Florida adoption attorney. They can help you navigate the adoption process from start to finish. Speak to a qualified Florida adoption attorney today.