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Florida Adoption Statute Summary
Florida Statutes Sections 63.012 to 63.301 (1997)
Who Can Adopt?
The following people whose primary residence and place of employment are in Florida may adopt:
1. an unmarried adult, including the birth parent;
2. a husband and wife jointly; or
3. an unmarried minor birth parent.
A stepparent may adopt without his spouse joining in the adoption as long as the spouse consents to the adoption. A married person may adopt without the other spouse if the spouse's failure to consent is excused by the court.
In the case of a special needs child, Florida residency is not required. A homosexual may not adopt. No person can be prohibited from adopting solely because he or she is handicapped, unless the Department of Children and Familes determines that the handicap makes him or her incapable of being an effective parent.
Who Can Be Adopted?
Any person can be adopted.
Consent to Adoption
Written consent is required of the following people:
1. the mother of the adoptee;
2. the father of the adoptee if
a. the child was conceived or born while he was married to the mother,
b. he has adopted the child
c. the court determined the child is his,
d. he has acknowledged and filed a writing that he is the child's father, or
e. he has provided the child with support in a repetitive customary manner;
3. the adoptee, if older than 12 years of age, unless the court waives the adoptee's consent; and
4. any person entitled to custody of the child, if so required by the court;
5. If, due to previously terminated parental rights, a child is placed in a licensed child-placing agency or by the Department of Children and Familes, consent may be given by such agency or the Department.
Consent is not required of the following people:
1. a parent who has deserted a child, whose parental rights have been terminated, or who has been declared incompetent;
2. a legal guardian or lawful custodian who has not responded in writing to a request for consent for a period of 60 days, or who has unreasonably withheld consent; or
3. the spouse of the adoptee, if the spouse's failure to consent is excused by the court, or if the spouse has unreasonably withheld consent.
A good-faith and diligent effort must be made to obtain consent within 60 days after filing the petition.
Consent is binding from the time it is given, unless the court finds that it was obtained by fraud or duress.
Confidentiality
All adoption hearings are held in closed court. All papers pertaining to the adoption are subject to inspection only upon a court order. All available nonidentifying information, including the medical and social history of the adoptee and the birth parents, must be furnished to the adoptive parents prior to finalization of the adoption, and to the adoptee (upon his request) after he reaches adulthood. Additional nonidentifying information that becomes available after the adoption has been finalized must also be furnished to the adoptive parent.
Identifying information regarding the birth parent, adoptive parent, or adoptee cannot be released from the record unless the birth parents give written authorization for release of information pertaining to themselves. An adult adoptee or his adoptive parents may consent to the release of this information. In the absence of consent the court can examine the circumstances and, for good cause, will release identifying information of the above-mentioned parties without their consent.
The State also maintains a voluntary registry of adoption information. Persons wishing to participate may voluntarily submit identifying information,with the identity of persons entitled to see this information clearly identified. At any time the person may revoke, limit, or restrict this consent to release of information.
Permissible Fees
All fees paid to intermediaries (attorney or physicians licensed to practice in Florida, or out-of-State licensed agency) must be submitted for prior approval to the court. The report of fees must include any expenses incurred in connection with the adoption. Any fees over $1,000, other than fees paid for medical costs, court costs, and hospital costs, must be approved by the court. When an intermediary uses the services of a licensed child-placing agency, the adoptive parent must pay for the cost of all services performed. It is unlawful to sell or surrender, or to arrange for the sale or surrender of a child to another person for money or anything of value or to receive a child for payment or anything of value.
The prospective adoptive parent may pay for actual prenatal care and living expenses of the mother for a reasonable time, not to exceed 6 weeks after the birth, if medical needs require such.
Place of Adoption Hearing
The adoption hearing may take place in the county where the adoptive parent or child resides or where the adoption agency is located. However, if a hearing in such a county could endanger the privacy of the adoptive parent or the child, then the hearing can occur in a court in a different county.
Authority To Place Child
The Department of Children and Familes, licensed child welfare agencies, and intermediaries (licensed attorneys and physicians) may place children. A final home investigation conducted by a licensed child-placing agency must be conducted before the adoption becomes final. If no such agency exists, the Department of Children and Familes or a licensed professional may conduct the investigation. Numerous restrictions are placed on intermediaries, including limits or fees and requirements to report to the Department the result of studies. Failure to heed these requirements can result in a court's prohibiting the intermediary from placing children in the future.
Relative Adoption
If a child has lived with a grandparent for at least 6 months, the agency handling an adoption petition will notify the grandparent of this fact. The grandparent may then petition to adopt and shall receive first priority, unless contrary to the terms in a deceased parent's will or the adoption is sought by a stepparent.
The preliminary home study is not required in an adoption by a relative or stepparent, unless required by the court.
