Consent to Adoption: Florida Adoption Consent, Florida Adoption Law. Relevant Florida statutes regarding consenting to adoption. In order for an adoption petition to be granted, a Consent to Adoption should first be obtained, if possible, from both of the biological parents.
As in most states, Florida adoption law is very specific about parental consent to an adoption of a child.
Generally, all birth parents must consent to an adoption before an adaption can be granted in the state of Florida.
Also, anyone who has custody of the child and is recognized by the court.
There are, however, certain specific circumstances where consents may not be necessary to adopt a child in Florida.
Who Must Consent to a Florida Adoption
Citation: Ann. Stat. § 63.062
A petition to terminate parental rights pending adoption may be granted only if written consent has been executed by:
If parental rights to the minor have previously been terminated, the adoption entity with which the minor has been placed for subsequent adoption may provide consent to adoption.
In such case, no other consent to adoption is required.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 63.062(1)(c)
A child age 12 or older must consent to adoption, unless the court determines it is in the child's best interest to dispense with consent.
Citation: Ann. Stat. § 63.082<br>
An affidavit of nonpaternity may be executed before the birth of the minor; however, the consent to an adoption shall not be executed before the birth of the minor.
A consent to the adoption of a minor shall not be executed by the birth mother sooner than 48 hours after the minor's birth or the day the birth mother has been notified in writing that she is fit to be released from the hospital or birth center, whichever is earlier.
A consent by a biological father or legal father may be executed at any time after the birth of the child.
A minor parent has the power to consent to the adoption of his or her child and has the power to relinquish his or her control or custody of the child to an adoption entity.
Such consent to adoption or relinquishment is valid and has the same force and effect as a consent or relinquishment executed by an adult parent.
A minor parent, having executed a consent or relinquishment, may not revoke that consent upon reaching the age of majority or otherwise becoming emancipated.
A consent or an affidavit of nonpaternity executed by a minor parent who is age 14 or younger must be witnessed by a parent, legal guardian, or court-appointed guardian ad litem.
The consent to adoption or the affidavit of nonpaternity must be signed in the presence of two witnesses and be acknowledged before a notary public who is not signing as one of the witnesses.
Citation: Ann. Stat. § 63.082<br>
A consent to adoption executed by the mother within 48 hours of the child’s birth is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or duress.
When the minor to be adopted is older than age 6 months at the time of the execution of the consent, the consent to adoption is valid upon execution; however, it is subject to a 3-day revocation period or may be revoked at any time prior to the placement of the minor with the prospective adoptive parents, whichever is later.
Following the revocation period for withdrawal of consent or the placement of the child with the prospective adoptive parents, whichever occurs later, consent may be withdrawn only when the court finds that the consent was obtained by fraud or duress.
An affidavit of nonpaternity may be withdrawn only if the court finds that the affidavit was obtained by fraud or duress.
The Self Help Guides' Florida Family Adoptions includes updated information, new custom forms, and the processes & procedures you will need to adopt an extended family member in Florida.
Grandparents, Stepparents, Aunts & Uncles, and Cousins who would
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This self help guide includes interactive forms, sample adoption petitions, and instructions on how to successfully complete a Family Adoption in Florida.
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