Florida's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

Florida

Statute: § 39.202

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Reporters of Abuse

• Researchers

• Employers

• Parents/Guardians

• Treatment Providers

• Subject of Reports

• Public/Any Person

Persons without access to records

• Physicians

• Coroners

• Review Teams

Other Division of Administrative Hearings Auditor General Public Employees Relations Commission A Florida advocacy council School principals Multidisciplinary teams Public disclosure in child fatality or near fatality cases

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent may be signed 48 hours after the birth of the child or when the birth mother gets a discharge order from the hospital, whichever comes first.A birth mother age 14 or younger needs to have her consent witnessed by a parent.

Pre-consents are not allowed in the state of Florida.

Revocation Time Frame in Florida

The consent is irrevocable upon signing.

Parties to an Adoption

Florida

• A husband and wife jointly

• An unmarried adult

• A married person without a spouse if excused by the court for good cause shown

No person is eligible to adopt if that person is a homosexual.

Any person, a minor or an adult

• A parent or intermediary who must report any placement to the Department of Children and Family Services

• A child-placing agency that is licensed by the department

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

Does State have a Putative Father Registry: Yes

Registry/Paternity Requirements to Receive Notice
Statute: §§ 63.054; 39.803

• File a notarized claim of paternity form with the Putative Father Registry.
• May be filed at any time prior to the child's birth or the filing of a petition for termination of rights.
• If the identity or location of a parent is unknown and a petition for termination of rights is filed, the court will conduct an inquiry. If a prospective parent is identified, he may complete a sworn affidavit of parenthood, which must be filed no later than at the time of or prior to the adjudicatory hearing in the termination proceeding.

Information Contained in Registry/Claim
Statute: § 63.054

• Name, address, date of birth and physical description of the putative father and mother.
• Date, place and location of conception.
• Name, date and place of birth or estimated date of birth, if known.

Revocation of Claim to Paternity
Statute: § 63.054

• Putative father may execute a notarized written revocation of the claim of paternity at any time prior to the birth of the child.
• Claim of paternity void upon receipt by the Registry.

Access to Information Maintained in Registry
Statute: § 63.054

• Petitioner and court in a termination of parental rights or adoption proceeding.

© This information is from the National Adoption Information Clearinghouse.

Adoption Expenses

Florida

1. • Reasonable living expenses of the mother that the mother is unable to pay due to unemployment or disability that may include rent, utilities, basic phone service, food, transportation, clothes, and insurance
2. • Medical or hospital care received by the mother or minor
3. • Services related to the adoption
4. • Attorney and other professional fees
5. • Any other expenses found by the court to be necessary

Expenses may be paid during pregnancy and up to 6 weeks postpartum.

1. • Any payment not itemized on the affidavit
2. • Any fee for which service is not specified
3. • Any payment for locating a minor for adoption

A licensed agency, professional, or any other person is due an amount equal to the cost of all services performed.

1. • It is unlawful to sell or surrender a child to another person for money or anything of value.
2. • The payment of expenses does not obligate the birth mother's consent.

1. • The department may charge an amount equal to the cost of services, including the preliminary home study, investigator fees, counseling, and the final home investigation.
2. • Prior approval is required for court costs over $800.
3. • An adoption agency may assess fees for foster care, preplacement and postplacement assessments, social services, and administrative costs.

Accounting of Expenses Required by Court Statute: § 63.132

1. • The petitioner and adoption entity must file an itemized affidavit of a full accounting of all disbursements for expenses, including professional and legal fees, and any additional information the court requests.
2. • The expenses that must be included are specified in statute.

© This information is from the National Adoption Information Clearinghouse.

International Expenses

No information currently available.

General Adoption Statutes

Florida

1. • Department of Children and Family Services
2. • Child placement agency
3. • Licensed professional

Contents of Report About Person to be Adopted Statute: § 63.082 Biological, sociological, and medical history

Contents of Report About Birth Parents Statute: § 63.082 Biological, sociological, and medical history

1. • Suitability
2. • Family background
3. • Medical history
4. • Criminal background and child abuse registry records check
5. • Physical environment of home
6. • Financial condition
7. • Documentation on counseling and education on adoptive parenting

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.