Adoption can be a wonderful, yet challenging experience for all parties involved. Florida law requires specific procedures and standards be followed throughout the entirety of all adoption proceedings. For those considering adoption, the attorneys at Fletcher & Phillips can assist you in all aspects of the adoption process through the adoption process and beyond.
Each type of adoption has its own unique requirements and its challenges. No matter the type of adoption, the process can be complicated and emotional. Our attorneys are sensitive to the delicate nature of adoptions, and can advise clients of their options.
Our attorneys facilitate Private Adoptions, Dependency Adoptions, Step-Parent Adoptions, and Close Relative Adoptions.
Private Adoption
Private Adoptions arise when the biological parents of a child make the decision to place their child with another individual or couple for adoption. This type of adoption requires many steps be completed before the finalization of an adoption can be entered by the Court. This includes a requirement that all prospective adoptive parents undergo a home study to ensure the potential placement of a child with them will serve the best interests of that child. Biological parents must also consent to the adoption before the adoption proceedings can commence in the family law court.
Dependency Adoption
A Dependency Adoption occurs when the Department of Children and Families has terminated the rights of a child’s biological parents through dependency proceedings, and the child becomes eligible for adoption. Since the rights of the biological parents have already been terminated, the parents’ consent is not required. The adoption proceedings stay in the dependency court through the finalization of the adoption, but are handled by a private attorney appointed to the case.
Step-Parent Adoption
Step-Parent Adoptions can take place when one biological parent has married a person who is not the biological parent of their child. In a Step-Parent Adoption, the law allows the proceedings to terminate the biological parent’s rights and the proceedings for adoption to occur together and concurrently. The Step-Parent petitioning the Court for adoption does not have to undergo a home study.
Close Relative Adoption
A Close Relative Adoption can be obtained if the person petitioning to adopt is related by blood to the person being adopted within the third degree of consanguinity. This includes brothers and sisters, nieces and nephews, aunts and uncles, cousins, grandparents, great-grandparents and others. Similar to the Step-Parent adoption, a home study is not required for the Close Relative Adoption, and the proceedings to terminate the biological parents’ rights can occur together and currently with the adoption proceedings.