Adoption is a life-changing process that creates a legal and permanent parent-child relationship between individuals who are not biologically related. If you are considering adoption in Florida, it is important to understand the key aspects of adoption and what is required to complete the process. If you have questions about your situation, speaking with a Florida adoption attorney can help. Florida adoption law lives in Chapter 63 of the Florida Statutes, which is what we reference throughout.
Florida Adoption Basics
Florida’s framework
Chapter 63 sets the rules for private and agency adoptions, relative and stepparent adoptions, and adult adoptions. It defines common terms, explains who may adopt, and lays out procedures that protect children, birth parents, and adoptive families. You will see terms like adoption entity, preliminary home study, and consent used throughout this guide.
Who can adopt in Florida?
Florida law allows individuals and couples to adopt if the court finds they are suitable and the legal requirements are met. There is no blanket requirement that a person be married to adopt. Suitability is evaluated through background checks, a home study in most minor adoptions, and the court’s best interests analysis at finalization.
Types of adoption you may hear about
Most private domestic adoptions in Florida involve placements through licensed agencies or attorneys. Relative and stepparent adoptions are common and sometimes involve modified requirements based on the relationship to the child. Adult adoptions are permitted in Florida with different procedures because no parental rights are being terminated. International adoption is a separate pathway that can involve federal and foreign law, and sometimes a Florida court proceeding is used to recognize or finalize an adoption when a family resides here. The focus of this guide is Florida law under Chapter 63.
What Prospective Adoptive Parents Should Know
The preliminary home study
In most adoptions of a minor, Florida requires a preliminary home study before placement. A licensed child-placing agency, a registered child-caring agency, a licensed professional, or an agency described in section 61.20 can complete the study. The study assesses safety and suitability through interviews, background checks, and a review of the home environment. A favorable preliminary home study is valid for 1 year from completion. In some situations, such as adult adoptions or when the petitioner is a stepparent or a specified relative, a preliminary home study is not required unless good cause is shown by the Cour to order one.
Timing and placement basics
When a child is surrendered to an adoption entity but a suitable approved home is not immediately available, Florida law directs that the child be placed temporarily with a licensed foster home, with a person or family that has a favorable study, or with a relative until a suitable adoptive home is available. Placements that occur before final judgment are considered at risk. Until the court enters a final judgment of adoption, the child can be removed from the prospective adoptive home if the court finds that removal is required by law or in the child’s best interests.
Post-placement supervision and finalization
After placement, post-placement supervision helps the court confirm that the placement continues to meet the child’s best interests. Reports typically address the child’s adjustment, health, and the family’s progress. Finalization is completed by court order when statutory requirements have been met and the court finds adoption is in the child’s best interests. Details can vary based on the case type and county practice, but the primary requirement is Florida’s statutory “best interests” standard.
Interstate placements
If a child is placed across state lines, the Interstate Compact on the Placement of Children applies. The compact is enacted in Florida law and requires both states to approve the placement before the child travels, with specific paperwork and agency reviews. This protects children and families by making sure safety standards are met in the receiving state.
Records and privacy
Adoption hearings in Florida are closed to the public, and case files are confidential. Access to identifying information generally requires a court order for good cause, although certain nonidentifying information may be disclosed as allowed by statute. When a judge grants access, the order must specify which records may be opened, to whom, and for what purpose, so only the information authorized by the court is released.
Birth certificates after adoption
After a Florida adoption is finalized, the Department of Health issues a new birth certificate that lists the adoptive parent or parents, and the original birth certificate and related papers are sealed. Certified copies issued after adoption come from the new certificate unless a court orders access to the original. This is a key reason records access usually requires court involvement.
What Expectant and Birth Parents Should Know
When can consent be signed?
Florida law sets specific timing rules for consent to adoption. A birth mother may not sign a consent for the adoption of a newborn until at least 48 hours after birth or the day she is notified in writing that she is fit for discharge from the hospital or birth center, whichever occurs first. Any man may sign a valid consent after the child is born but can also agree to an adoption pre-birth by signing an affidavit of non-paternity. A minor parent can consent, and that consent has the same legal effect as an adult’s. Turning 18 later does not undo a valid consent.
Who must consent and who gets notice
The mother’s consent is required in most private infant adoptions. Whether a father’s consent is required depends on legal status and steps taken under Florida law. Florida has a Putative Father Registry. An unmarried biological father preserves the right to notice and consent by timely filing a claim with the registry and by demonstrating a commitment to support the child as the statute describes. If he has been served with a notice of intended adoption plan, additional response deadlines apply. Every situation is fact-specific and turns on the statute’s requirements.
Revoking consent
Florida treats executed consents with seriousness once statutory requirements are met. For newborn placements, a properly executed consent is valid upon signing and can be set aside only if a court finds fraud or duress. When the child is older than 6 months at the time of consent, there is a three-business-day revocation window described in the statute. Questions about timing or grounds should be addressed promptly because deadlines are short and the court will apply the statute as written.
Allowable support during pregnancy
Florida permits payment of certain reasonable and necessary expenses related to pregnancy and birth under the supervision of an adoption entity, subject to court review. Typical categories include medical care, limited living expenses tied to pregnancy, and transportation for appointments. All payments must be documented and are reviewed for reasonableness to protect against coercion and improper payments.
Postadoption contact
Some families discuss communication after adoption, often called open adoption. Florida law allows courts to include post-adoption contact orders in certain cases that arise from the child welfare system when parental rights were terminated and the court finds the arrangement is in the child’s best interests. The order can be modified or ended later if it is no longer in the child’s best interests, and the court may not increase contact without the adoptive parents’ consent. In private infant adoptions, contact is generally a voluntary agreement rather than a court-ordered term.
FAQs And Common Myths
Is Florida an open records state for adoption?
No. Florida is a sealed records state for adoption proceedings. Hearings are closed, records are confidential, and identifying information typically cannot be disclosed without a court order for good cause. The law outlines the circumstances and factors a court considers in evaluating whether to permit disclosure, and it allows certain nonidentifying information to be shared.
Do I have to be married to adopt in Florida?
No. Chapter 63 does not require marriage as a condition to adopt. The court focuses on suitability, safety, and best interests, which are informed by background checks, a home study in most minor adoptions, and the circumstances of the case.
Can a minor parent consent to adoption?
Yes. Florida law recognizes that a minor parent has the authority to consent to adoption. A minor’s consent has the same force and effect as an adult’s if executed in compliance with the statute. Turning 18 later does not undo a valid consent.
What if the identified adoptive home is not ready at surrender?
The statute provides for a temporary placement solution with a licensed foster home, a family with a favorable home study, or a relative while a suitable adoptive home is finalized. This avoids unnecessary delays in a safe placement. Because all placements before final judgment are at risk, the court can order changes if required by law or in the child’s best interests.
Does every adoption require a preliminary home study?
Most adoptions of a minor do, but the court may waive or require a modified study in stepparent, relative, or adult adoption contexts when good cause is shown. The law also specifies who may conduct the study and confirms that a favorable study is valid for 1 year.
What about adopting across state lines?
The Interstate Compact on the Placement of Children applies to out-of-state placements. Both states must approve the placement before the child travels, and there is required paperwork and review. This is designed to ensure the same safety standards apply in the receiving state.
Can an adoptee get an original birth certificate after adoption?
Florida issues a new certificate after adoption and seals the original. Access to the original certificate generally requires a court order.
Are open adoption agreements enforceable in Florida?
Courts may include postadoption contact in certain dependency-related adoptions when it serves the child’s best interests, and adoptive parents retain significant control over any increase in contact. In private placements, contact is usually a voluntary arrangement rather than a court-ordered term.
What is different about adult adoption?
Adult adoption does not terminate parental rights in the same way and typically does not require a preliminary home study. Consent requirements are different because the person being adopted is an adult who can consent. The court still looks to the statute and best interests standards for finalization.
Timelines And Costs: What Actually Varies
Every family asks how long and how much. Florida law sets the legal checkpoints, but timelines and costs depend on practical factors. Home study scheduling, medical and social history gathering, court calendars, and whether the case is private infant, relative, stepparent, or adult adoption all play a part. Expenses related to pregnancy and birth must be reasonable, necessary, documented, and subject to court review. Legal and agency fees vary with case complexity. Because timelines and budgets depend on facts, any estimate should be framed as a range rather than a promise.
For People Hoping To Adopt: How To Use This Information
Use Chapter 63 as your map and the home study as your starting checkpoint. Read the home study requirements and plan for background checks and interviews. Understand that placement cannot occur until the study is complete in most minor adoptions, and that post-placement supervision is part of moving toward finalization. Keep records organized and ask your adoption professional how your county handles final hearings.
For Expectant And Birth Parents: How To Use This Information
The law gives you time and structure. You cannot be asked to sign a newborn consent before 48 hours after birth or before you are cleared for discharge, whichever is earlier, and you must receive the required disclosures. If you are considering adoption, ask how expenses are handled, who the adoption entity is, and how your rights are explained and documented. If you have questions about revocation, registry filings, or notice, talk with counsel promptly because timelines are strict under the statute.
Consult An Experienced Pensacola Adoption Attorney Today
Adoption is a complex and meaningful journey, and having guidance can make a difference. Clay H. Whittaker and the team at Gulf Coast Adoptions help people across Florida understand their options and move forward with confidence. You can reach out online or call 850-813-5165.
Legal Adoption Sources
- Florida Statutes, Chapter 63 Adoption, chapter landing, and table of contents
- Florida Statutes § 63.082, consent to adoption, timing rules, minor parent consent, and revocation framework
- Florida Statutes § 63.062, persons required to consent and notice of intended adoption plan
- Florida Statutes § 63.054, Florida Putative Father Registry, and required actions by an unmarried biological father.
- Florida Statutes § 63.092, reports of intended placement, at-risk placement, preliminary home study requirements, 1-year validity, and who may conduct the study
- Florida Statutes § 63.162, adoption hearings and records are confidential, and orders specifying what records may be opened.
- Florida Statutes § 63.0427, postadoption communication and contact in certain dependency-related adoptions, including modification standards
- Florida Statutes § 409.401, Interstate Compact on the Placement of Children
- Florida Department of Children and Families, ICPC overview for Florida
- Florida Statutes § 382.015, new birth certificates after adoption and sealing of original birth certificate
- Florida Department of Health, Putative Father Registry information page
Last updated: November 2025. Florida laws can change. Always check the current text of Chapter 63 or give our attorneys a call to discuss your options. We are here to help you.