FLORIDA

 The following people whose primary residence and place of employment are inFlorida 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 asthe spouse consents to the adoption. A married person may adopt without theother 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. Ahomosexual may not adopt. No person can be prohibited from adopting solelybecause he or she is handicapped, unless the Department of Health andRehabilitative Services determines that the handicap makes him or her incapableof 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

 the child was conceived or born while he was married to the mother,

 he has adopted the child,

 the court determined the child is his,

 he has acknowledged and filed a writing that he is the child's father, or

 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 theadoptee's consent; and

 (4) any person entitled to custody of the child, if so required by thecourt;

 (5) If, due to previously terminated parental rights, a child is placed in alicensed child-placingagency or by the Department of Health and Rehabilitative Services, consent maybe 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 beenterminated, or who has been declared incompetent;

 (2) a legal guardian or lawful custodian who has not responded in writing to arequest for consent for a period of 60 days, or who has unreasonably withheldconsent; or

 (3) the spouse of the adoptee, if the spouse's failure to consent is excusedby the court, or if the spouse has unreasonably withheld consent.

 A good-faithand diligent effort must be made to obtain consent within 60 days after filingthe petition. Consent is binding from the time it is given, unless the courtfinds that it was obtained by fraud or duress.

Confidentiality

 All adoption hearings are held in closed court. All papers pertaining to theadoption are subject to inspection only upon a court order. All availablenonidentifying information, including the medical and social history of theadoptee and the birth parents, must be furnished to the adoptive parents priorto finalization of the adoption, and to the adoptee (upon his request) after hereaches adulthood. Additional nonidentifying information that becomesavailable after the adoption has been finalized must also be furnished to theadoptive parent.

 Identifying information regarding the birth parent, adoptive parent, oradoptee cannot be released from the record unless the birth parents givewritten authorization for release of information pertaining to themselves. Anadult adoptee or his adoptive parents may consent to the release of thisinformation. In the absence of consent the court can examine the circumstancesand, for good cause, will release identifying information of theabove-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 clearlyidentified. At any time the person may revoke, limit, or restrict this consentto release of information.

Permissible Fees

 All fees paid to intermediaries (attorney or physicians licensed to practicein Florida, or out-of-State licensed agency) must be submitted for priorapproval to the court. The report of fees must include any expenses incurredin connection with the adoption. Any fees over $1,000, other than fees paidfor medical costs, court costs, and hospital costs, must be approved by thecourt. When an intermediary uses the services of a licensed child-placingagency, 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 ofa child to another person for money or anything of value or to receive a childfor payment or anything of value.

 The prospective adoptive parent may pay for actual prenatal care and livingexpenses of the mother for a reasonable time, not to exceed 6 weeks after thebirth, if medical needs require such.

Place of Adoption Hearing

 The adoption hearing may take place in the county where the adoptive parent orchild resides or where the adoption agency is located. However, if a hearingin such a county could endanger the privacy of the adoptive parent or thechild, then the hearing can occur in a court in a different county.

Authority To Place Child

 The Department of Health and Rehabilitative Services, licensed child welfareagencies, and intermediaries (licensed attorneys and physicians) may placechildren. A final home investigation conducted by a licensed child-placingagency must be conducted before the adoption becomes final. If no such agencyexists, the Department of Health and Rehabilitative Services or a licensedprofessional may conduct the investigation. Numerous restrictions are placed onintermediaries, including limits or fees and requirements to report to theDepartment the result of studies. Failure to heed these requirements canresult in a court's prohibiting the intermediary from placing children in thefuture.

Relative Adoption

 If a child has lived with a grandparent for at least 6 months, the agencyhandling an adoption petition will notify the grandparent of this fact. Thegrandparent may then petition to adopt and shall receive first priority, unlesscontrary to the terms in a deceased parent's will or the adoption is sought bya stepparent.

 The preliminary home study is not required in an adoption by a relative orstepparent, unless required by the court.

Advertisements

 Only the Department of Health and Rehabilitation Services, a licensed agency,or a licensed intermediary may advertise that a child is available or soughtfor adoption. Further, it is unlawful for any person to publish such anadvertisement without including the Florida license number of the agency,attorney or physician placing the advertisement.

Attorney ReferralService

The Florida Bar
650 Apalachee Parkway
Tallahassee, FL 32399-1067
(904) 561-5600

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