Florida Family Adoptions Made Simple

Florida adoptions are governed by Florida Statute 63. Private adoptions and adoptions of someone who is not a close family relative require a home study, background check, or the MAPP course (Model Approach to Partnerships in Parenting). However, Florida family adoptions have no such requirements, making the process faster and more affordable. While adoptive parents can certainly retain counsel to oversee the family adoption process, there may be no need. If all parties are in agreement, there is usually no need to hire an attorney.

Stepparent Adoption

In Florida a stepparent adoption is considered a family adoption. The petition for stepparent adoption and most of the required forms are Florida Supreme Court approved forms and can be downloaded for free from the Supreme Court's website. Stepparent adoptions are almost always consensual. Usually one of the child's biological parents has primary or sole custody of the child, and the other parent is not actively participating in the child's life. The biological parent's role is to simply sign the consent form, which must be notarized, and witnessed by two people.

If the biological parent pays child support, he or she will be relieved of that obligation once the adoption is final. This, in itself, can be a motivation for the biological parent to sign the consent form, particularly since he or she has been paying child support for a child he rarely sees. The consent form not only consents to the adoption, but also terminates the biological parent's rights.

Sometimes a judge may sign the order of adoption even though the biological parent has not consented. For example, if the biological parent is in prison, has had no contact with the child for a number of years, and stubbornly refuses to sign the consent form, a judge may grant the adoption without that consent.

Relative Adoptions - Within three steps of consanguinity

Florida also recognizes as family adoption, adoptions by close family relatives. For adoption purposes, a close family relative is defined as “within three steps of consanguinity”. Consanguinity means blood relation. Following is a handy chart to help make it easier to see who is a close family relative.

PERSON

1. PARENTS

2. GRANDPARENTS

3. GREAT GRANDPARENTS

1. CHILDREN	2. SIBLINGS
2. GRAND CHILDREN	3. NIECES/NEPHEWS and AUNTS/ UNCLES

3. GREAT GRAND CHILDREN

There are no petition forms for any type of family adoption except for stepparent adoptions on the Florida Supreme Court's site. However, most of the required forms are identical except for the petition forms. A couple Florida counties have local forms for grandparent adoptions. The main differences in the process are in stepparent adoption, there is only one biological parent that needs to consent. In other family adoptions, both parents need to consent.

Whereabouts Unknown:

Occasionally that the whereabouts of a biological parent are unknown. In that case, a diligent search must be conducted, and an Affidavit of Diligent Search must be filed along with the other required documents. If the parent is not located during the search, then he or she can be served legal notice through constructive service. Constructive service is notice by publication. A Notice of Action form is filed with the clerk of court after all efforts to locate the parent have been exhausted.

Form requirement oddities

A search or the putative father registry is required in all Florida family adoptions. The intent of the putative father registry is to preserve the paternity rights of an unwed father, if, for example, he fathered a child and then he and the mother parted company. The original intent was that the father could register that he was the likely father of a child and then the child could not be adopted without his consent and further proceedings. As it is, since all adoptions require the search, even when the identity of the father is known, a search must be conducted.

Another form that may seem odd to some filers, is the Indian Child Affidavit. This affidavit states that the child is not an (American) Indian child. It is a federal form that is required in all Florida adoptions.

We can help.

Although people can certainly hire an attorney to oversee the adoption proceedings, there may be no need. If all parties are in agreement, and there is no dispute, a Florida legal document preparer can prepare the documents for a stepparent adoption or a relative adoption. If you need help with adoption forms, contact us at 800-515-0496, or visit us online at ADOPTION.

November is Florida Adoption Month!

Florida Statute Chapter 63 addresses adoptions by family members. To be considered a family member for the purposes of a family adoption at least one of the adoptive parents must be within three steps of consanguinity - blood relation. For example, if a couple is adopting the wife's sister's daughter - their niece - then the aunt is within three steps of blood relation, but the uncle is related by affinity (marriage). Grandparents, great grandparents, and siblings are also within the three steps of blood relation. Single close relatives are also allowed to adopt.

Florida publishes forms for stepparent adoption, but not for the other types of family adoption. The procedures are similar, but not identical. In a stepparent adoption, only the consent from one biological parent is required. In the other types of family adoptions consents of both parents are generally required.

When all parties agree, the process for family adoptions in Florida is fairly simple. Sometimes the biological parent is not available to consent to the adoption. Other times the identity of the biological parent is not known. In either of these cases, the process is slightly more complex, but not at all impossible for a pro se litigant.

If the identity of the father is known, but his whereabouts are unknown, a process called a diligent search is required. The Affidavit of Diligent Search is a list of places where they must search for the biological parent. The list includes things like: Prisons; Cable Companies; Utility Companies; Hospitals; Military; an Internet Search; and the U.S. Post Office. If the biological father is not found, the prospective adoptive parents can then request the court to publish their legal intent to adopt.

If the identity of the father is unknown, which then means that his whereabouts is also unknown, the prospective adoptive parents must request a search of the putative father registry. The putative father registry is maintained by the Department of Health and Vital Statistics. The purpose is to protect the rights of unwed fathers. It serves that purpose to an extent. For example, if an unwed couple has a child together and then separates the father can register as the putative father to preserve his paternal rights. More commonly the registry protects the father's rights when the couple separates while the mother is pregnant, and the couple loses contact with each other.

Part of the adoption process is to terminate the parental rights of the biological parent or parents. Termination of parental rights is never to be taken lightly. The biological parent(s) being asked to terminate parental rights should search their heart, and seek legal advice if at all unsure about what to do

Adults who live and work in the state, are of good character, and have the ability to nurture and provide for a child may adopt. Single adults, as well as married couples, may adopt. A stepparent may adopt his or her spouse’s children. In 2010, the Third District Court of Appeal ruled that the statutory ban prohibiting homosexuals from adopting a child is unconstitutional. The Department of Children & Families did not seek review by the Florida Supreme Court of this decision so a person who is a homosexual may now adopt a child even though the ban is still in an existing statute.

The requirement for a criminal background check and taking the Model Approach to Partnerships in Parenting (MAPP) course are waived for stepparent and close family adoptions.

In stepparent and close relative adoptions, the adopting parent(s) typically finalize the adoption and terminate the biological parent(s) parental rights at the same time. The biological parent's obligation to pay ongoing child support ends when the adoption is final; however child support arrears are a vested interest of the child, and are still owed.

Ten days after the judge signs the Final Order of Adoption, the clerks of court seal the file. Adoptive parents need to request several certified copies of that court order within that ten day window. Each entity that the parents must notify of the child's adoption will require a certified copy of that order for their files. The number of certified copies the parents should request varies depending on the age of the child. The older the child, the more court orders they'll need to have. Entities such as the social security office; the child's physician; the child's school; the Department of Health and Vital Statistics; the child's day care provider; and extra-curricular activity and sports centers; may all require a certified copy of the final order of adoption. These entities do not just need to see the order, they need it for their files. And it may not be a copy, but must be a copy certified by the clerk of court.

For all legal purposes, the adopted child will be considered the natural child of the adoptive family. Further, the adopted child will be legally considered as if he/she were born into the adopted family. That child will be deemed equal with all other children that may then be or later come into the adopted family. This means that the adopted child will inherit equally to those children biologically born into the family for purposes of estates and wills or divorce. It is as though the child was born into the adoptive family initially.

More information about family adoption is available on the Florida Bar's site.

FLORIDA ADOPTION MONTH - Governor Rick Scott's Proclamation

WHEREAS, every child needs and deserves a loving, supportive, nurturing, and permanent family

when it is determined that the child cannot be safely returned home; and ...

WHEREAS, adoption provides a unique opportunity to improve children's lives and enrich the

lives of adoptive parents, their families, and their communities; and ...

WHEREAS, November 22, 2014, is National Adoption Day and families and children across the

nation and the great State of Florida will celebrate the joy of adoption on this day and throughout

the month, while remembering our children who are still dreaming and hoping for a loving,

permanent family of their own; and ...

WHEREAS, adoptive families, including relatives and grandparents, who have already adopted

children may benefit from continued post-adoption support services in the days and years ahead; ...

NOW, THEREFORE, I, Rick Scott, Governor of the State of Florida, do hereby extend greetings and

best wishes to all observing November 2014 as Florida Adoption Month.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of

Florida to be affixed at Tallahassee,the Capital, this 20th day of October, in the year two thousand fourteen.