Legislative Intent
Adoption did not exist at common law and is strictly controlled by statute. The Florida Legislature has declared that it has a compelling interest to provide stable homes for adoptive children; that an unmarried mother has the right to make timely crucial decisions for her baby’s future; that adoptive children have a right to stability in the adoptive placement; and that adoptive parents have a privacy interest to retain legally adopted children. Furthermore, the Florida Legislature has also announced that unmarried biological fathers have unvested interests in their children, which only have constitutional protections should they act promptly during the mother’s pregnancy and after the child’s birth to fully commit to parental responsibilities. However, married fathers have vested rights to their children, with constitutional protections.
Types of Adoptions
In Florida, there are five types of adoptions:
- the entity adoption (or agency or attorney facilitated adoption);
- the stepparent adoption;
- the close relative adoption;
- the adult adoption;
- the distant relative adoption.
While many of the statutory rules apply to all adoptions, each type has unique procedures and requirements, which must be strictly adhered to in order for the adoption to be finalized by a judge.
For all adoptions, the Court must receive clear and convincing evidence to show that facts exist to terminate the parental rights of the biological parent(s). Such evidence would normally consist of a properly executed consent for adoption or evidence that the biological parent abandoned the child or otherwise failed to protect their parental rights under Florida law. There are many requirements that an unmarried biological father must meet in order to protect his rights. If all of the requirements are not met in a timely manner, his ability to challenge the adoption is compromised. The law firm of Randi E. Dincher, P.A. has vast experience handling cases in which a non-involved biological parent has failed in their attempt to challenge the adoption.
The amount of time to process an adoption differs for each type of adoption in Florida. Where an adoption agency is involved (or in the case of a distant relative adoption or an attorney facilitator adoption), the process generally takes four to nine months, unless the case is challenged and it can take longer. Home studies and background checks are required in these adoptions, which extends the process.
However, with stepparent adoptions, close relative adoptions, and adult adoptions, the adoption can be finalized in two to four months, unless the case is challenged and it can take longer. Because no home-study is required for these types of adoptions, the Courts allow the adoptive parents to finalize the adoption as soon as the paperwork is completed properly
