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The 5 Florida Adoption Laws You Need to Know
Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Florida adoption laws you need to know about when considering this for your family.
Top 5 Florida Adoption Laws
Birth Father's Legal Rights
Does my baby's father have to agree to the adoption in Florida?
In Florida, the father of the minor must consent to adoption, 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 adjudicated by the court to be his child before the date a petition for termination of parental rights is filed
- He has filed an affidavit of paternity
- He is listed on the child’s birth certificate before the date a petition for termination of parental rights is filed
- 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.
- Consent may not be needed if the father has abandoned the child or his rights have been terminated.
Fla. Stat. §§ 63.062, 63.064 (2020)
In Florida, a putative father must registry with the putative father registry to preserve the right of the putative father to receive notice about adoption proceedings and the opportunity to consent to the adoption.
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Expectant/Birth Mother Living Expenses
Can I get help with my living expenses during my pregnancy in a Florida adoption?
In Florida, adoption entities may pay, on behalf of the prospective adoptive parents, for expenses relating to the expectant mother’s living expenses, medical expenses, expenses necessary to abide by adoption requirements, court costs, and advertising costs.
Separate Legal Representation
Will I be offered my own Florida adoption lawyer?
Florida law requires an adoption entity to disclose that the adoption entity does not provide legal representation or advice to parents or anyone signing a consent for adoption or affidavit of nonpaternity, and parents have the right to consult with an attorney of their own choosing to advise them.
Open Adoption
How does Open Adoption work in Florida?
A child has the right to contact with their siblings and, upon agreement, contact with the parents. Failure to comply will not be grounds to set aside the adoption. The adoptive parents may petition the court at any time to change the agreement if they believe the best interest of the child has been compromised, and the court may modify or terminate the agreement. The court may not increase contact with the biological parents or siblings without the consent of the adoptive parents. Modification or termination of the agreement may require mediation.
Click here for a map showing which states enforce open adoption agreements.
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How does Consent to Adoption work in Florida?
How does the legal process for adoption work in Florida?
Consent to adoption may not be executed before the birth of the child unless it is a preplanned adoption. Consent must be executed in the presence of the court or by affidavit acknowledged before a notary public and in the presence of two witnesses.
How long will I have to change my mind about adoption in Florida?
Consent may be revoked in writing, by certified mail, within three business days.
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