In fiscal year 2022-2023, Florida finalized 3,526 adoptions, with 53% of children adopted within 12 months, according to the state government. Yet, nearly 800 children in Florida’s foster care system are still waiting for permanent families.

It shows the importance of understanding Florida adoption laws to ensure a smooth and successful adoption journey. Today, we’re taking a closer look into the legal requirements, family adoption criteria, and the steps involved in the adoption process in Florida.

Understanding Florida Adoption Laws

Florida adoption laws provide the foundation for how adoptions work across the state. Whether someone is adopting through an agency, privately, or through a step-parent process, the law shapes each step. These rules are meant to protect the rights of the child, the birth parents, and the adoptive parents.

There are three main parts of Florida adoption law that everyone should know:

• Who can adopt and be adopted
• Consent and termination of parental rights
• The role of the court in finalizing adoption

Who Can Adopt and Be Adopted

In Florida, any adult can adopt, whether they’re single, married, or part of a couple. You don’t have to own a home or be wealthy.

What matters most is that you can provide a safe, stable, and caring environment. Children can be adopted at any age. In some cases, adults can be adopted too, such as in family or step-parent adoptions.

Consent and Termination of Parental Rights

Consent is required from the birth parents before an adoption can happen, unless their rights have already been legally terminated. In many cases, this is handled by a judge.

Florida law requires that the consent be given freely, without pressure, and with a full understanding of what it means. Once consent is given and parental rights are terminated, it is usually final.

The Role of the Court

The court makes sure the adoption follows the law and that it supports the child’s best interests. Judges review all paperwork, ask questions if needed, and approve or deny the final adoption. Once approved, the adoptive parents gain full legal rights, just like biological parents.

The Legal Adoption Steps in Florida

The adoption process in Florida follows a set of legal steps that help protect everyone involved. These steps apply whether the adoption is through an agency, a private match, or a family connection.

Each part of the process plays a role in making the adoption safe and official.

There are three main steps in the legal process:

• Filing a petition to adopt
• Completing a home study and background check
• Finalizing the adoption in court

Filing a Petition to Adopt

The adoption process usually begins when the hopeful parents file a petition with the court. This legal document shows their intent to adopt and outlines their relationship to the child.

It includes basic information about both the child and the prospective parents. If the child is already in the home, the filing may come soon after placement. If not, it happens once a match is made.

Completing a Home Study and Background Check

A home study is required for most adoptions. This includes home visits, interviews, and background screenings. The goal is to make sure the child will be placed in a safe and loving home.

Florida law requires that adoptive parents pass a background check and complete training on adoption and parenting. The home study must be done by a licensed professional or agency.

Finalizing the Adoption in Court

Once all other steps are complete, the adoption moves to finalization. This takes place at a court hearing where a judge reviews the paperwork and may ask a few questions.

If everything is approved, the judge signs an order of adoption. This grants the adoptive parents full legal rights and ends the legal ties to the birth parents. The child will then receive a new birth certificate with the adoptive parents listed.

Types of Adoption Recognized in Florida

Florida adoption law allows for several different paths to adoption. There are five main types:

• Agency adoption
• Private or independent adoption
• Step-parent adoption
• International adoption
• Adult adoption

Agency Adoption

In an agency adoption, a licensed adoption agency matches birth parents with adoptive families. It often involves infants and includes counseling, home studies, and legal support.

The agency makes sure both parties understand their rights and helps with paperwork, placement, and court filings. Families may wait some time for a match, depending on their preferences and the agency’s resources.

Private or Independent Adoption

Private adoptions are arranged without an agency, often with the help of an adoption attorney. The adoptive family and birth parents find each other directly or through personal networks.

These adoptions can move more quickly, but they still require home studies, background checks, and court approval. Attorneys handle the legal filings and guide both parties through each step.

Step-Parent Adoption

Step-parent adoption allows a spouse to adopt their partner’s child. This often happens when one parent is no longer in the child’s life.

Consent from the other biological parent is usually required unless their rights have already been terminated. The process is simpler than other types and may not need a full home study.

International Adoption

International adoption brings a child from another country to live in Florida with adoptive parents. The process requires working with both U.S. and foreign laws.

It usually involves travel, visa applications, and court approval. Some countries have strict rules, while others work through agencies approved for international placement.

Adult Adoption

Florida also allows adults to adopt other adults. It’s often done to formalize a family bond or for legal reasons like inheritance. The process skips many of the steps required in child adoption and usually moves through the court quickly.

Adoption Agency Florida

Florida adoption laws help create a clear path for families looking to adopt.

At Heart of Adoptions, Inc., we focus on building families through adoption with compassion and care. Since 2001, our team has supported birth parents, children, and adoptive families with respect, flexibility, and legal guidance. Led by adoption attorney Jeanne T. Tate, we provide personal, ethical service across Florida through experienced staff and trusted support.

Get in touch today to find out how we can help with your journey!