As an attorney, I find adoption cases deeply fulfilling. The process of adoption in Florida isn’t just a legal procedure; it’s a transformative journey that can be profoundly rewarding. It opens up new possibilities for changing a child’s life and offers an incredible opportunity for adoptive parents to expand their family.

Who can adopt?

According to Florida law, the following people may adopt:

• (a) A husband and wife jointly;
• (b) An unmarried adult; or
• (c) A married person without the other spouse joining as a parent if the person to be adopted is not his or her spouse, and if:
  • 1. The other spouse is a parent of the person to be adopted and consents to the adoption (typically in step-parent adoptions); or
  • 2. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child.

What is the Adoption Process in Florida?

Most adoption proceedings in Florida are a two-step process. The first step is to terminate the parental rights of the birth parent(s). The second step is the adoption of the child by the adoptive parent(s). The process both terminates the legal relationship between the child and the birth parent(s), and creates a legal relationship between the child and the adoptive parents.

Termination of Parental Rights:

In Florida, an action for termination of parental rights is necessary before one can adopt. You can open an action for adoption at the same time as a termination action. But the termination of parental rights must first occur before the adoption can take place.

A final judgment terminating rights pending adoption ends all parental rights and responsibilities of the birth parents. This does not apply when the adoptive parent is the birth parent’s spouse, as in step-parent adoptions. See Florida Statute §63.172(1)(a).

Is an Attorney Necessary if I want to Adopt?

Adoptions follow specific procedures. Hiring an attorney to assist in the process is advisable. From experience, contested cases involving the termination of parental rights of a parent can be complex and the assistance of an attorney will help ease that process.

However, there are many resources that you can use to educate yourself about the process if you chose to represent yourself. For example, the Supreme Court of Florida provides free step-parent adoption forms accessible to the public. Those forms, however, do not serve as a substitute for the assistance of an attorney.

Conclusion

Adoption in Florida is a journey marked by legal complexities and profound emotional resonance. It requires careful navigation through the legalities of parental rights termination and the nuances of creating new familial bonds. While self-representation is an option, the guidance of a skilled attorney can be invaluable, especially in contested situations. Whether you seek to grow your family or offer a child a new beginning, understanding and respecting the legal framework of adoption is key to a successful transition.

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The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

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