ICPC State Pages

Florida Adoption

Florida permits the following types of adoptions in addition to public adoptions:

Adoption Statute-Non-Agency; Independent; Private Adoptions:

• Private Agency Adoption: F.S 63.032
• Private Attorney Adoption: F.S. 63.032
• Independent Adoption: No information

Public

Public Adoptive Placement-Requirements:

• F.S. 63.037 

  Proceedings applicable to cases resulting from a termination of parental rights under chapter 39 (Public Adoptions).

   —A case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 and this chapter. Adoption proceedings initiated under chapter 39 are exempt from the following provisions of this chapter: requirement for search of the Florida Putative Father Registry provided in s. 63.054(7), if a search was previously completed and documentation of the search is contained in the case file; disclosure requirements for the adoption entity provided in s. 63.085(1); general provisions governing termination of parental rights pending adoption provided in s. 63.087; notice and service provisions governing termination of parental rights pending adoption provided in s. 63.088; and procedures for terminating parental rights pending adoption provided in s. 63.089.

  History.—s. 8, ch. 2001-3; s. 4, ch. 2008-151; s. 4, ch. 2012-81.

  F.S. 63.092

  Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.

  1) REPORT TO THE COURT.—The adoption entity must report any intended placement of a minor for adoption with any person who is not a relative or a stepparent if the adoption entity participates in the intended placement. The report must be made to the court before the minor is placed in the home or within 2 business days thereafter.

   (2) AT-RISK PLACEMENT.—If the minor is placed in the prospective adoptive home before the parental rights of the minor’s parents are terminated under s. 63.089, the placement is an at-risk placement. If the placement is an at-risk placement, the prospective adoptive parents must acknowledge in writing before the minor may be placed in the prospective adoptive home that the placement is at risk. The prospective adoptive parents shall be advised by the adoption entity, in writing, that the minor is subject to removal from the prospective adoptive home by the adoption entity or by court order at any time prior to the finalization of the adoption.

   (3) PRELIMINARY HOME STUDY.—Before placing the minor in the intended adoptive home, a preliminary home study must be performed by a licensed child-placing agency, a child-caring agency registered under s. 409.176, a licensed professional, or an agency described in s. 61.20(2), unless the adoptee is an adult or the petitioner is a stepparent or a relative. If the adoptee is an adult or the petitioner is a stepparent or a relative, a preliminary home study may be required by the court for good cause shown. The department is required to perform the preliminary home study only if there is no licensed child-placing agency, child-caring agency registered under s. 409.176, licensed professional, or agency described in s. 61.20(2), in the county where the prospective adoptive parents reside. The preliminary home study must be made to determine the suitability of the intended adoptive parents and may be completed prior to identification of a prospective adoptive minor. A favorable preliminary home study is valid for 1 year after the date of its completion. Upon its completion, a signed copy of the home study must be provided to the intended adoptive parents who were the subject of the home study. A minor may not be placed in an intended adoptive home before a favorable preliminary home study is completed unless the adoptive home is also a licensed foster home under s. 409.175. The preliminary home study must include, at a minimum:

   (a) An interview with the intended adoptive parents;

   (b) Records checks of the department’s central abuse registry and criminal records

  correspondence checks under s. 39.0138 through the Department of Law Enforcement on the intended adoptive parents;

   (c) An assessment of the physical environment of the home;

   (d) A determination of the financial security of the intended adoptive parents;

   (e) Documentation of counseling and education of the intended adoptive parents on adoptive parenting;

   (f) Documentation that information on adoption and the adoption process has been provided to the intended adoptive parents;

   (g) Documentation that information on support services available in the community has been provided to the intended adoptive parents; and

   (h) A copy of each signed acknowledgment of receipt of disclosure required by s. 63.085.

  If the preliminary home study is favorable, a minor may be placed in the home pending entry of the judgment of adoption. A minor may not be placed in the home if the preliminary home study is unfavorable. If the preliminary home study is unfavorable, the adoption entity may, within 20 days after receipt of a copy of the written recommendation, petition the court to determine the suitability of the intended adoptive home. A determination as to suitability under this subsection does not act as a presumption of suitability at the final hearing. In determining the suitability of the intended adoptive home, the court must consider the totality of the circumstances in the home. A minor may not be placed in a home in which there resides any person determined by the court to be a sexual predator as defined in s. 775.21 or to have been convicted of an offense listed in s. 63.089(4)(b)2.

Adoption Assistance

Adoption assistance payments begin:

• At the time the child is placed

Sending State Adoption Subsidy Payments (Guidelines):

• F.S. 409.166

Special Needs

Florida definition of "Special Needs":

• F.S. 409.166(2)DEFINITIONS.—As used in this section, the term:

  “Special needs child” means:

  1. A child whose permanent custody has been awarded to the department or to a licensed child-placing agency;

  2. A child who has established significant emotional ties with his or her foster parents or is not likely to be adopted because he or she is:

  a. Eight years of age or older;

  b. Developmentally disabled;

  c. Physically or emotionally handicapped;

  d. Of black or racially mixed parentage; or

  e. A member of a sibling group of any age, provided two or more members of a sibling group remain together for purposes of adoption; and

  3. Except when the child is being adopted by the child’s foster parents or relative caregivers, a child for whom a reasonable but unsuccessful effort has been made to place the child without providing a maintenance subsidy.

   

   

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in Florida, child must be in adoptive placement:

• 3 months

Statutory code/cite for Adoption Petition:

• F.S. 63.112 Petition for adoption; description; report or recommendation, exceptions; mailing.—

  (1) The petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court and shall state:

  (a) The date and place of birth of the person to be adopted, if known;

  (b) The name to be given to the person to be adopted;

  (c) The date petitioner acquired custody of the minor and the name of the adoption entity placing the minor, if any;

  (d) The full name, age, and place and duration of residence of the petitioner;

  (e) The marital status of the petitioner, including the date and place of marriage, if married, and divorces, if applicable to the adoption by a stepparent;

  (f) A statement that the petitioner is able to provide for the material needs of the child;

  (g) A description and estimate of the value of any property of the person to be adopted;

  (h) The case style and date of entry of the judgment terminating parental rights or, if the adoptee is an adult or a minor relative or a stepchild of the petitioner, the address, if known, of any person whose consent to the adoption is required and, if such person has not consented, the facts or circumstances that excuse the lack of consent to justify a termination of parental rights; and

  (i) The reasons why the petitioner desires to adopt the person.

  (2) The following documents are required to be filed with the clerk of the court at the time the petition is filed:

  (a) A certified copy of the court judgment terminating parental rights under chapter 39 or under this chapter or, if the adoptee is an adult or a minor relative or stepchild of the petitioner, the required consent, unless such consent is excused by the court.

  (b) The favorable preliminary home study of the department, licensed child-placing agency, or professional pursuant to s. 63.092, as to the suitability of the home in which the minor has been placed, unless the petitioner is a stepparent or a relative.

  (c) A copy of any declaratory statement previously entered by the court pursuant to s. 63.102.

  (d) Documentation that an interview was held with the minor, if older than 12 years of age, unless the court, in the best interest of the minor, dispenses with the minor’s consent under s. 63.062(1)(c).

  (3) Unless ordered by the court, no report or recommendation is required when the placement is a stepparent adoption or an adult adoption or when the minor is a relative of one of the adoptive parents.

Court Jurisdiction for Adoption Cases:

•  Circuit Court

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

• F.S. 63.092