What is the Law of Adoption in Florida
For prospective parents, adoption is a great way to make an addition to the family. The adoption process, however, can be rather legally complex. State laws dictate the parameters on who can adopt, who can be adopted, and the procedures governing these adoptions. These legalities can be difficult to navigate without an experienced attorney.
What is Adoption?
Adoption is when an adult legally assumes the role of a parent to a child. There are numerous reasons why adults adopt. In some cases, the child’s parents are unable or unwilling to take care of the child, the birth parents are deceased, or a birth parent remarries and wishes to assume legal parental rights to a stepchild. Adoption can be domestic or international and can occur through a public agency, private agency, or attorney.
Key Definitions:
Birth Parent – The genetic mother or father of the child
Foster Parent – An adult who acts as the legal parent or guardian without legally adopting the child
Confidential Adoption – Referred to sometimes as a closed adoption, it’s where the adoptive parents and birth mother never meet or exchange information.
Open Adoption – Referred to sometimes as a cooperative adoption, it’s when the birth mother and adoptive parents have contact before or after the adoption is final.
Termination of Parental Rights – The legal process that permanently terminates the birth parents’ legal right to care for their child.
Home Study – A study of the prospective parents’ home to determine if the household can properly take care of and nurture the adoptive child.
Adoption laws can vary from state to state. Below are some of the details involved for adoption in the state of Florida. They can include the requirements and relevant procedures under Chapter 63 of the Florida Statutes.
Who may be adopted – Any persons, children and adults alike
Age of consent to be adopted – consent to be adopted is required by adoptees 12 years of age and older, unless the court dispenses with consent in the best interest of the child
Who may adopt – Single people and married couples. Married persons must be joined by the spouse unless the spouse is the parent and consents (for example, in a step-parent adoption). Although the state of Florida in 1977 passed legislation that banned adoption by gay and lesbian individuals, a state appeals court in 2010 ruled that the law violated equal protection rights to prospective homosexual couples, under the Florida constitution. This ruling was bolstered by the 2015 case of Obergefell v. Hodges, in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the due process and equal protection clauses of the fourteenth amendment to the United States Constitution. The rights of physically disabled or handicapped individuals are also protected under the Florida Statute.
Home residency required prior to adoption finalization – The child must live in the adoptive parents’ home for at least 90 days prior to finalization
Statute of Repose to Challenge – 1 year from the date of the order terminating parental rights
At Glass Law Office, we make selecting the right adoption attorney easy. Lisa Paige Glass is an experienced, knowledgeable, and caring adoption attorney who will guide you through the process from start to finish, and who takes pride in helping create families through adoption. Schedule a consultation today by calling (561) 614-6060.