Private adoption is one type of adoption in Florida. The Private adoption lawyers at Gulf Coast Adoptions explain how it works and what you need to know.
Understanding Private Adoption in Florida
Private adoption occurs when a parent voluntarily places their child for adoption. The state is not involved in facilitating the process, and the child has not been taken by DCF. It is a voluntary process when the placing parent decides that adoption is best.
Overview of private adoption laws and statistics in Florida
63% of adoptions are private, including domestic and international private adoptions. Florida recognizes and allows private adoption. There are some variations in how it works, depending on the circumstances. Still, the process generally involves termination of parental rights and a court order awarding legal status to the adoptive parent(s).
Key differences between private adoption and other adoption types
- In a private adoption, the parents match on their own, without government involvement. In a DCF adoption, the government facilitates the placement.
- Private adoption allows the placing parent to choose the adoptive parents. A DCF adoption may proceed even if the placing parent objects to who is adopting the child.
- The process for a private adoption is usually shorter.
- With a private adoption, the parents can arrange for the birth parents to have contact with the child or updates going forward. This is unlikely to occur in a government-facilitated adoption.
- Private adoptions are usually not eligible for the financial assistance that may be available for public adoption, including non-recurring adoption expenses and the adoption subsidy. However, private adoption may be eligible for tax credits and income exclusions.
The Private Adoption Process in Florida
- The placing (usually birth) parent identifies who they want to adopt their child. It may be someone they know, or they may find the child through family and friends or other sources.
- Placing parents’ consent to have their rights terminated. The process for this differs for the mother and the father, and the exact process depends on the circumstances.
- Those involved can agree to payment of a birth mother’s living expenses before birth and childbirth expenses.
- Adoptive parents complete a home study. The process documents their fitness to adopt, including their home environment and financial and physical fitness.
- The parties petition the court to terminate the rights of the placing parent.
- The court reviews the petition to adopt and supporting documentation. If approved, the court issues the order of adoption.
How Private Adoptions Work
When the adoption is private, government representatives don’t:
- Tell the placing parent that they must place their child for adoption – it is voluntary
- Select the adoptive parent(s)
- Determine the terms and conditions of post-adoption contact (although the court may order limited sibling contact in some DCF adoptions)
- Determine the amount of information sharing during the adoption process
However, all adoptions – even private ones – still involve the government. Even when an adoption is private, it must be ordered by the court. This is because a parent-child relationship is a legal relationship with rights and obligations.
Finalizing adoption requires involving the courts. Choosing a private adoption means not involving the government in the decision-making process. The only government involvement is the court approving the paperwork and issuing the adoption order.
Legal Requirements for Private Adoption
Florida Statutes § 63.042 states who may adopt and who may be adopted. A parent must be capable of being an effective parent, physically and financially. The court may not approve adoption if the parent has a disqualifying criminal history or abuse and neglect history.
Usually, both placing parents must consent to a private adoption. However, there are some circumstances where consent may be waived, like when a father hasn’t done anything to establish or acknowledge paternity and when a parent has abandoned the child.
Types of Private Adoption in Florida
A private adoption may be:
- Open, semi-open, or closed
- Domestic or international
- Within the State of Florida or interstate
- Facilitated by an agency or an attorney
- Among extended or step-family members or non-related parties
Adoption Attorneys vs. Adoption Agencies
What’s considered a private adoption can be confusing. There is some disagreement on whether a private adoption includes adoption facilitated by an agency.
When the parties use an adoption agency, the agency facilitates the process. They are more hands-on with counseling and support services than an attorney would be.
Attorneys usually have fewer requirements than an agency. The parties involved have more flexibility. An attorney is usually less expensive than an agency.
Talk to a Lawyer
Private adoption is an essential and life-changing process. A lawyer can guide you. Contact Gulf Coast Adoptions today.