When you’re an expectant mother considering your options, you want to know the rules and how adoption works. There are laws for adoption in Florida.
Our Florida adoption attorneys explain Florida adoption laws for expectant mothers.
What Are Florida Adoption Laws?
Florida adoption laws are the state laws for how adoption works. They are the rules for how an expectant mother can place their child for adoption.
Can Expectant Mothers Place Their Child for Adoption in Florida?
Yes. You can consent to place your child for adoption at birth in Florida. Many mothers make the loving choice of adoption for their children through private adoption at birth.
If You Place an Infant for Adoption, Do You Choose the Adoptive Family?
Yes. When you place a child for adoption at birth, you choose the adoptive family. You place your child with a parent or parents that you approve of, based on what’s important to you as an expectant mother. The adoptive family must be qualified to adopt.
Do I Meet the Adoptive Parents?
You can if you want to. As the expectant mother, you choose how much interaction you want with the adoptive parents. Some people meet in person, while others exchange information through an intermediary.
What Are the Laws that Apply to Expectant Mothers in Florida?
Florida expectant mother adoption laws come from Florida Statutes Chapter 63 – Adoption.
As an Expectant Mother, Can I Sign the Adoption Paperwork Before Birth?
An expectant mother can sign the adoption paperwork when they are released from the hospital or birth center or 48 hours after the child’s birth, whichever is earlier.
How Does Birth Father Consent Work?
If the father must consent, they may sign at any time after the birth of the child. They can also agree to the adoption before birth my executing an affidavit of non-paternity.
Does the Father Always Have To Consent? He’s Not in the Picture.
No. An unmarried birth father must take steps if he wants to preserve his parental rights. If he doesn’t file in time, he waives his rights.
Florida Statutes § 63.088 says that an unmarried biological father is automatically on notice of a potential adoption proceeding. If the mother does not identify an unmarried biological father when she signs her adoption consent, the father cannot fight the adoption on the basis that he did not receive actual notice.
A birth father may have some rights. In some circumstances, such as when the parents are married at the time of birth or the father has filed an affidavit of paternity, consent to adoption must be obtained.
A birth father wanting to preserve his rights must file with the Putative Father Registry through the Florida Department of Health. He may file at any time before birth, and he may also revoke at any time before birth. Filing comes with obligations, including financial support.
Once You Consent, Can You Change Your Mind?
After you sign consent to adoption in Florida, it’s difficult to change your mind so you shouldn’t count on this as an option. Consent to adoption in Florida can’t be reversed, absent fraud or duress unless the child is older than 6 months of age. When a child is older than 6 months, there is a three-business day revocation period.
Are there Alternatives to Adoption for Expectant Mothers?
Yes. Alternatives to adoption for expectant mothers include relative care, foster care, and parenting the child. Social services and financial assistance may be available.
Does Florida Law Allow Post-Adoption Contact Agreements?
Yes. Florida law allows post-adoption contact by agreement. As the expectant mother, you have considerable say in how it will work.
Although Florida law allows parents to make post-adoption contracts they are typically unenforceable and the validity of the adoption doesn’t depend on the contract.
Is It Legal for Adoptive Parents To Pay Expectant Mother Expenses in Florida?
Yes. The adoptive parents may pay the expectant mother’s reasonable expenses including rent, utilities, phone, food, toiletries, clothing, transportation, and other expenses. They may be paid until birth and for six weeks after birth. All such expenses should be paid by Adoption Entities to comply with the law.
If I Accept Expenses, Do I Have To Sign the Consent to Adoption?
No. Accepting pregnancy expenses does not mean that you must sign the consent to adopt. You may change your mind.
Are Open Adoptions Legal in Florida?
Yes. Florida law allows for open adoptions, where parental identity is known. As the expectant mother, the law gives you the right to choose the type of adoption you want.
Talk to Gulf Coast Adoptions
At Gulf Coast Adoptions, we spend hours talking with expectant mothers for free. If you’re an expectant mother, we’re here to listen without judgment.
Florida laws for expectant mothers can be confusing, and we want you to have the answers you need.