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Legislative Intent Florida's Legislature indicated that the State has an interest in safe, prompt and permanent placement of children into adoptive homes which will not be disrupted once legally formed. It has provided that an unmarried birth mother is entitled to privacy, has a right to make a timely and appropriate decision for her and her child, and is entitled to assurance regarding placement for adoption. The legislature also provides that adoptive parents have a right to permanence and stability in placement. and respects the constitutional right to privacy of the adoptive parents in retaining custody of a legally adopted child. It has acknowledged that an unmarried biological father has an inchoate interest that acquires constitutional protection, but only when he demonstrates a timely and full commitment to the responsibilities of parenthood during and after the child's birth. The legislature further provides that the state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support, and by establishing legal paternity rights in accordance with the requirements of Florida Statutes, Chapter 63.054. The intent of the legislature in the State of Florida is that in every adoption the best interest of the child should govern and be of foremost concern in the Court's determination. Who may place a child for adoption in the state of Florida:
unless the child is placed with a relative or step-parent. When acting in this capacity, any of the parties listed above is called an Adoption Entity. As such, each is required to strictly comply with statute in reference to procedures to be followed for the adoption of a child from Florida. Also, Interstate Compact requirements must be strictly followed for the placement of children outside Florida. And permission must be obtained from the biological parents to place the child out of state. Rights and
responsibilities of an unmarried A biological father has the primary responsibility to protect his rights and is presumed to know that his child may be adopted without his consent unless he
If an unmarried biological father fails to take actions to establish a relationship with his child, his parental interests may be lost entirely or greatly diminished by his failure to timely comply with the available legal steps to substantiate a parental interest. The interests of the mother, the child and the adoptive parents outweigh the interest of an unmarried biological father who does not take action in a timely manner to establish and maintain a relationship with his child in accordance with the provisions of this chapter. Actions
required by an unmarried biological An unmarried biological father must file, as the registrant, a notarized claim of paternity form with the Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health, State of Florida. He shall indicate his willingness and intent to support the child whom paternity is claimed in accordance with state law. The claim of paternity may be filed at any time prior to the birth of the child, but a claim of paternity may not be filed after the date a petition for termination of parental rights is filed.
These actions by the biological father must be both sufficiently prompt and substantial to have constitutional protections. In each proceeding for Termination of Parental Rights, a search of the Putative Father registry must be made and a certificate filed with the court from the State Registrar. Persons required
to consent to adoption A petition to terminate parental rights can only be granted if written consent has been executed after the birth of the minor -- or notice served under this statute -- to: 1. The mother of
the minor; If the father is an unmarried biological father, he must comply with the Florida Law and file a claim in the Office of Vital Statistics in writing before competent witness within the time frames specified by Florida Law. The mere fact that an unmarried biological father expresses a desire to fulfill his responsibilities towards his child, which is unsupported by acts evidencing this intent, does not preclude a finding by the court that the unmarried biological father has failed to comply with the requirements of this statute. An unmarried biological father who lived openly with the child in excess of 6 months within the 1 year period following the birth of the child and immediately preceding placement and has held himself out as father during that period shall be deemed to have developed a substantial relationship with the child that his consent is required, but can be excused because of non-compliance with Florida law. With regard to a child who is younger then 6 months of age at the time the child is placed with the adoptive parents the father must have demonstrated a full commitment to his parental responsibility by having performed ALL of the following acts prior to the time the mother executes her consent for adoption: 1. Filed a notarized claim Paternity form with the Florida Putative Father Registry within the Office of Vital Statistics of the Department of Health 2. Upon service of a Notice of an Intended Adoption Plan or Petition for Termination of Parental Rights pending Adoption, executed and filed an affidavit in that proceeding stating that he is personally fully able and willing to take responsibility for the child setting forth his plans for the care of the child and agreeing to a court order of child support and a contribution to the payment of living and medical expenses incurred for the mother's pregnancy and the child's birth in accordance with his ability to pay. 3. If he had knowledge of the pregnancy, paid for a fair and reasonable amount of the expenses incurred in connection with the mother's pregnancy and the child's birth in accordance with his financial ability and when not prevented from doing so by the birth mother or person or agency having lawful custody of the child. The unmarried biological father who does not comply with each of the conditions provided above is deemed to have waived and surrendered rights in relation to the child including the right to notice of any judicial proceeding in connection with the adoption of the child and his consent is not required. If the unmarried biological father's address is unknown, the Adoption Entity shall conduct a diligent search per 63.088. If the biological father's location remains unknown after a diligent search and a search of the Florida Putative Father Registry fails to reveal a match, the adoption entity can request in the petition for termination of parental rights for the court to declare that the diligent search is in compliance with Florida Law and for the court to declare that the Entity has no further obligation to provide notice to such father and his consent will not be required. Any person whose consent is required can execute an irrevocable affidavit of non-paternity in lieu of consent, and by doing so, waives notice to all further court proceedings. This can be done prior to the birth of the child so long as the person receives adoption disclosure as required prior to signing the affidavit. Two witnesses and a notary must be present and the person can chose a witness of his own choosing. Petition for Termination of Parental Rights This Petition must be filed in every case involving an adoption handled by an Adoption Entity. This separate filing is not required in step-parent, relative or adult adoption in that the Judgment of Adoption Terminates Parental rights. The case must be filed in: 1. The county where
child resides, or Petition and Summons shall be served upon any person whose consent has been provided but who has not waived service of the pleadings and notice of the hearing thereon, and also upon any person whose consent is required but who has not provided that consent.
Constructive service by publication shall not be required to provide notice to an identified birth father whose consent is not required. and who has not complied with the requirements of law. If a person whose consent is required has not provided that consent and the diligent search and publication does not produce said individual the court shall, upon clear and convincing evidence, find that said person has abandoned said child. Report of intended adoption placement The adoption Entity must report to the court any intended placement of a minor for adoption with any person who is not a relative or step-parent before the minor is placed, or within 48 hours after said placement. After the Termination of Parental rights has been filed and a Final Judgment has been obtained terminating all Parental Rights, the adoptive parents may file a Petition to Adopt the Child. In Florida. This cannot done until after the Final Judgment of Termination of Parental Rights has been signed unless it is a step parent or relative or adult adoption. However, in cases involving an Adoption Entity for the adoption of an unrelated child, the final hearing cannot take place until 90 days after placement of the child into the home of the adoptive parents. This is to enable the State to monitor the care of the child by the adoptive parents. A hearing on the Petition for Adoption may not be held sooner then 30 days after the date the judgment Terminating Parental Rights was entered, or sooner then 90 days after the date the minor was placed into the home of the petitioner -- unless leave of court is granted for good cause shown . However, an adult, step-parent, or relative hearing can be held immediately after filing so long as consents are received. Living Expenses Florida Law allows the payment of living and other expenses to the birth mother under strict guidelines from the court. A prior approval must be obtained from the court for any of the following expenses
An affidavit of expenses is to be filed before the hearing A final affidavit of costs incurred also needs to be filed with the court outlining all expenses incurred in the adoption The court retains jurisdiction over the case until the adoption is final. However, out-of-State families have the choice to file the adoption in their home state. The adoptive parents may then finalize the adoption in the State of Florida also and appear telephonically. This means that the adoptive parents can finalize the adoption in the State of Florida, but do not have to physically return to the State for the hearing so long as permission is received from the judge who is handling their case. Grandparents' Rights Grandparents have had their rights in reference to adoption and in general in reference to visitation with their grandchildren severely curtailed in the State of Florida. The legislative position is that a biological parent has the right to chose where their child shall live, who will be involved in their lives and who shall raise their child so long as no abuse, abandonment or neglect is alleged.
For information about adopting your grandchild or a relative, please view my family law website at www.FamilyLawFlorida.net Qualifications to adopt in the state of Florida The following persons may adopt a child in the State of Florida: 1. A husband and
wife jointly Even if a person is eligible under the above, the State of Florida will not approve the adoption of a child if the person adopting is a homosexual. No person who is eligible to adopt under the above shall be prohibited from adopting solely because it is determined that such person possesses a disability or handicap, unless it is determined that such disability or handicap renders such person incapable of taking proper care of the child. A minor may not be placed in an intended adoptive home before a favorable home study preliminary is completed, which must include at a minimum: 1. An interview
with the intended adoptive parents, Prohibited Acts and Penalties:
The above are punishable as a felony in the third degree if done willfully and with criminal intent. |
By filing this
claim of paternity the father consents to DNA testing upon the request of
any party with respect to the paternity of the child claimed.
If personal
service is not possible as to a person whose consent is required because
the address is unknown, a diligent search and constructive service
(publication) is required.
In an adoption
handled by an Adoption Entity the only protection a grandparent has is to
receive notice of a pending adoption if the child has lived with the
grandparent for at least 6 months within the 24-month period immediately
preceding the filing of a Petition to terminate parental rights. This does
not apply in situations where there has been a death of the child's parent
or a preference has been indicated in the parent's will.