Adoption involves the placement of children into safe, permanent homes which will not be disrupted once legally formed. It determines the entire future of the child because it severs ties with birth parents and relatives and transfers the child into a new family where the child will remain permanently. The new family is responsible for providing child care and guidance during formative years.
Adoption usually means that the birth parents relinquish all rights to the child, and thus never see the child again. However in open adoptions birth parents retain the right to communicate or visit the child.
After the adoption is final, the birth parents are permanently relieved of all financial responsibilities of the child’s care. The adoptive parents, now have the same obligations as if the child was naturally born to them.
Who May Be Adopted?
1. Minors (underr 18 years)
2. Groups of siblings may be adopted together
3. Adults
Qualifications to Adopt
The following persons may adopt a child in the State of Florida:
1. A husband and wife jointly
2. An unmarried adult
3 A married person without the consent of the other spouse joining in the adoption, if the person to be adopted is not his or her spouse, and if the other spouse is a parent of the person to be adopted and consents to the adoption (step-parent adoption)
Even if a person is eligible under the above, the State of Florida will not approve the adoption of a child if the person adopting is a homosexual. Physical disability does not disqualify a person from adopting unless it renders the person incapable of being an effective parent. A petition to terminate parental rights can only be granted if written consent has been executed after the birth of the minor -- or notice served under this statute -- to: 1. The mother of the minor; In stepparent and close relative adoptions, the adopting parent(s) may proceed in a unified legal process. Here, the court order finalizes the adoption and simultaneously terminates parental rights. Most adult adoptions involve unified proceedings.
TYPES OF ADOPTIONS
Four types of adoptions exist in Florida: The entity adoption (an agency or intermediary facilitated adoption), the step-parent adoption, the close relative and the adult adoption.
Consent is required for all adoptions except those involving adults. To show consent, the prospective adoptive parent(s) must provide notice to the biological parents.
2. The father of the minor if the minor was conceived or born while the
father was married to the mother;
3. The father is the minor is his child by adoption
4. He has filed an affidavit of paternity as required under this statute
With entity adoptions, prospective adoptive parents must decide whether to pursue their adoption through an agency or an attorney (“intermediary”). The intermediary should instill a certain level of trust to the prospective parents.
Step-parent adoptions involve one biological parent that relinquishes their parental rights. After adoption, the step-parent maintains all rights and responsibilities of the biological parent. In adult adoptions as well as step-parent adoptions involving children over the age of twelve, he or she must give his/her consent and must be interviewed prior to signing the consent for adoption.
AGENCIES & INTERMEDIARIES
Who may place a child for adoption in the state of Florida:
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Intermediaries (only Licensed Attorneys);
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Adoption Agencies licensed or approved by the State; and
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The Department of Children and Families
When acting in this capacity, any of the parties listed above is called an Adoption Entity. As such, each is required to strictly comply with statute in reference to procedures to be followed for the adoption of a child from Florida. Also, Interstate Compact requirements must be strictly followed for the placement of children outside Florida. And permission must be obtained from the biological parents to place the child out of state. 1. An interview with the intended adoptive parents, Petition for Termination of Parental Rights This Petition must be filed in every case involving an adoption handled by an Adoption Entity. This separate filing is not required in step-parent, relative or adult adoption in that the Judgment of Adoption Terminates Parental rights. The case must be filed in: 1. The county where child resides, or Living Expenses Florida Law allows the payment of living and other expenses to the birth mother under strict guidelines from the court. A prior approval must be obtained from the court for any of the following expenses
$5,000.00 legal or other fees $800.00 court costs $5,000.00 reasonable and necessary living and medical expenses An affidavit of expenses is to be filed before the hearing A final affidavit of costs incurred also needs to be filed with the court outlining all expenses incurred in the adoption The court retains jurisdiction over the case until the adoption is final. However, out-of-State families have the choice to file the adoption in their home state. The adoptive parents may then finalize the adoption in the State of Florida also and appear telephonically. This means that the adoptive parents can finalize the adoption in the State of Florida, but do not have to physically return to the State for the hearing so long as permission is received from the judge who is handling their case.
A minor may not be placed in an intended adoptive home before a favorable home study preliminary is completed, which must include at a minimum:
2 .Records checks of the departments central abuse registry and
criminal records checks,
3. An assessment of the physical environment of the home,
4. A determination of the financial security of the intended
adoptive parents
5. Documentation that information on adoption and the adoption
process has been given to the intended adoptive parents.
6. Documentation that information on support services available in the
community has been provided to the intended adoptive parents. In addition, before the adoption is complete, the agency or intermediary must obtain consent of all parties involved in the process. After the child is placed in the adoptive home, the child is monitored for at least 90 days.
After the adoption takes place, the same intermediary or social worker who perfomed the home study also provides post-placement services. Generally, this individual will visit with the adoptive family on at least two separate occasions to insure the child is acclimating well to the new environment.
2. In the county where the adoption Entity is located
3. If child or parents do not reside in Florida, the county where Adoption Entity is located
THE ADOPTION REGISTRY
The Department of Children and Families maintains an Adoption Registry. A birth parent must elect to be included on this registry by a signed statement. If the birth parent elects to be listed on the registry, then that parent’s identity may be released to the child after the child attains the age of 18 years. However, if the birth parent elects not to be on the registry, information will not be given to the child by the Department of Children and Families (DCF) after the child attains age 18.
After the child attains the age of 18, if he or she wishes to learn the identity of the birth parents, the child may inquire of the Adoption Registry. The birth parents' identity will be disclosed to the child if listed with the registry. Unless the child makes an inquiry, no information is extended from the registry.
FOREIGN ADOPTIONS
Prospective adoptive parent (s) residing in the state of Florida who seek to adopt a child from a foreign country, must comply with with Chapter 63 home study requirements, and follow the instructions of the Bureau of Citizen Services of the Department of Homeland Security.
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