If you plan to adopt in Florida, you will need to consult a family court attorney for clarification of legal issues.
Florida has four types of adoptions: stepparent adoption, adult adoption, relative adoption and adoptions facilitated by an intermediary or agency. Florida domestic adoption laws specify who can adopt, who can be adopted, who has to consent to the adoption, placement agencies and finalization.
Basic Legal Requirements for Adoption
The state of Florida must ensure that an adoption is in the child's best interest to provide permanency and that the adoptive parents are able to meet the adopted child's needs. Prior to adoption, the family court must find that adoption is in the best interest of the child. The child must be legally free for adoption and the adoptive parents must meet the state's statues and agency's requirements to adopt. The required parties must consent to the adoption and the agency must monitor the adoptive placement prior to a finalization hearing. Florida also requires a statement of fees and medical records for the adoptive parents and the adopted child
Who can Adopt and Who can be Adopted?
The Florida Adoption Statues state that any person, regardless of age, can be adopted. You can adopt a child if you are between 20 and 60 years of age. You do not have to be married, nor do you have to own your home. Florida seeks adoptive parents who are willing and able to meet the particular child's needs. You do not have to be wealthy; however, you must have sufficient income to meet the child's financial needs. Because each child is unique, each case is different. The Florida statues also state, "No person eligible to adopt under this statute may adopt if that person is a homosexual."
Agency Requirements
Florida adoption laws require placement agencies to provide written disclosure of information to the adoptive parents. This information must include all known social and medical history on the child and the biological parents, prenatal and birth records of the mother and child and any foster care. The agency must disclose all known medical records related to counseling and therapy as well as evaluations and psychiatric reports. Adoptive parents should receive all school records, case plans and any reports by other service providers and treatment workers. Prior to disclosing the information, the agency, by law, must delete the names of relatives and birth parents, telephone numbers, social security numbers and any information that could breach confidentiality.
Home Study Requirements
Prospective adoptive parents must have an approved home study. The home study is a written assessment that includes, but is not limited to, information about interviews with the prospective adoptive parents, criminal records checks, a financial report, safety and sanitary issues of the home, documentation of adoption information presented to the family, a copy of the family's receipt of the signed disclosures and medical and family history.
Sibling Contact
Adopted children can continue visits and contact with significant family members if their adoptive parents agree to allow contact. The Florida court, after reviewing recommendations from the foster parent, adoptive parent, the child's Guardian Ad Litem, or the social services department, will determine the appropriateness of sibling contact, as well as contact with other relatives with whom the child has a significant relationship. If appropriate, the court order will specify the type of visit and how often. The adoptive parents, according to the statues, have the right to petition the court for a review of the visitation order, if they feel the visits and contacts are no longer in the child's best interest.
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