Adoption in Florida is regulated by state law.
The state of Florida's Adoption Act is covered under civil practice and procedure: Title VI, Chapter 63 of the Florida State Legislature. There are different forms of adoption, including foreign adoption, adoption by agreement, surrogate mother adoption, agency adoption and independent adoption. The adoption law found in Title VI, Chapter 63 applies to all forms of adoption in Florida, including private adoption.
Adopted Child's Right to Communicate With Relatives
Section 63.0427 of Florida's adoption laws states that the courts will determine if it is appropriate for an adopted minor to continue communication with siblings and other relatives. The law states that even when parental rights have been terminated and a child is legally adopted, the court may approve post-adoption communication and correspondence with siblings and other relatives. Communication methods include phone calls, written letters and visits. The adoptive parents agreement is part of this process as well. Courts may also allow the child to maintain correspondence with his biological parents upon agreement by his adoptive parents.
Fees
Florida allows certain fees related to adoption, according to Statute 63.097. Private adoption agencies often charge fees. The fees help a birth mother with living and medical expenses, legal fees and other court costs. If the fees do not surpass $5,000 in legal fees and $800 in court costs or $5,000 in living and medical expenses, then the fees do not have to be approved by a court, as of September 2010. Any fees in excess of these amounts must be approved by a Florida court. The law states that whatever is "reasonable and necessary" is an approved fee; however, certain services like locating a child for adoption cannot have a fee accessed to them.
Legal Effect of Adoption
A judgment of adoption in Florida relieves the birth parents of the adopted person, unless one parent is still fighting for parental rights. According to Statute 63.172, it also terminates all legal relationships between adopted child and all relatives and creates a legal relationship between the child and the adoptive family. The exception to this is that an inheritance can still be transferred from a biological family member to a child legally adopted outside of the family. The rights of grandparents remain unaffected, unless the courts determine otherwise.
Preplanned Adoption Agreements
Florida allows preplanned adoption under very strict guidelines. Statute 63.213 states that a preplanned adoption agreement must specify that a volunteer mother agrees to terminate all parental rights and sign a written consent to adopt; however, the volunteer mother has 48 hours to rescind after the birth of the child. Additionally, the biological father must acknowledge that if the adoption does not occur for some reason, he will assume parental rights and responsibilities for the child.
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