How to Adopt a Child in Florida: A Closer Look At the Legal Steps

February 21, 2025

How to Adopt a Child in Florida: A Closer Look At the Legal Steps

8,615. That’s how many children in Florida were waiting to be adopted as of last year, according to CWLA. That’s 8,615 kids hoping for a permanent place to call home.

If you’re here, maybe you’ve thought about adoption before. Maybe you’ve imagined what it would be like to welcome a child into your life, to be the person who gives them that sense of security.

But wondering how to adopt a child in Florida and navigate the legal process? Two very different things. It’s a step-by-step journey, filled with paperwork, home studies, and court hearings to make sure every adoption is ethical and secure.

So, where do you begin? Let’s walk through the legal side of adoption in Florida, one step at a time.

Step 1: Confirm Your Eligibility Under Florida Adoption Requirements

Florida has its own set of adoption requirements, and while they aren’t meant to make things difficult, they do ensure that every child is placed in a stable, secure home.

You can be:

Single
Married
Stepparent

No mandatory income brackets, no “must own a home” rule — just a requirement that you can provide financial stability. You should be able to care for a child without stressing over every grocery bill.

Then comes the background check:

Fingerprinting
State and federal criminal screenings
A deep dive into any history with child welfare services

The adoption home study process is a big legal hurdle to cross. A social worker steps into your world to get a feel for your lifestyle, parenting approach, and support system. This includes:

Interviews
Reference checks
Home visits

It might sound nerve-wracking, but the goal isn’t to fail anyone; it’s to prepare you (and ensure that every adopted child lands in a secure, loving home).

Step 2: Choose a Legally Approved Adoption Method

Not all adoptions work the same way. In Florida, there are four distinct legal routes, and picking the right one depends on your situation.

Private Adoption is the most common choice for adopting newborns and infants. It’s usually arranged through child adoption agencies in Florida, where birth parents select an adoptive family.

Foster Care Adoption is handled through the Florida Department of Children and Families (DCF). Many of these children have been removed from their birth parents due to unsafe conditions, meaning the court must legally terminate parental rights before they can be adopted.

If you’re adopting a stepchild or a relative, Florida law makes it slightly easier — no home study is required in most cases, and the process is generally faster. However, you still need to prove that the biological parent has consented (or have the court legally terminate their rights).

Independent Adoption is when an adoption is arranged without an agency, typically through direct agreements between birth parents and adoptive parents. A Florida adoption attorney is required to handle the legal paperwork, ensuring compliance with state laws.

Step 3: Consent and Termination of Parental Rights

A child cannot be adopted unless their birth parents legally surrender their rights. In Florida, parental consent must be:

Given in writing
Signed in front of two witnesses and a notary
Irrevocable (except in rare cases like fraud or coercion)

For foster care adoptions, this process looks a little different. Parental rights are already terminated by the court before a child becomes eligible for adoption. Sometimes, this is voluntary, but in many cases, it happens through a court order — especially when neglect or abuse is involved.

Step 4: The Legal Adoption Petition and Court Filings

Now it’s time for the legal paperwork that makes it official. In Florida, every adoption requires a petition for adoption, filed in family court.

This document must include:

The adoptive parents’ legal information (who you are, where you live, etc.)
The child’s birth certificate
Proof that you completed the home study
Signed consent from birth parents (if applicable)

If you’re adopting a stepchild or relative, you might need additional affidavits proving your relationship to the child. Once you submit everything, the court will review the case, schedule a hearing, and — if everything is in order — grant final approval.

Step 5: Florida Adoption Costs and Legal Fees

Adoption is one of the most meaningful investments you’ll ever make. Here’s what you’re looking at, depending on the type of adoption:

Private Agency Adoptions

The most expensive route, with costs ranging from $30,000 to $50,000. It includes:

Legal fees
Agency services
Birth parent expenses
Medical costs

Some agencies offer payment plans, and federal tax credits can help offset expenses.

Foster Care Adoptions

Foster care adoptions are surprisingly low-cost or even free. The state covers many of the fees, including court costs and attorney expenses. Plus, some children qualify for adoption subsidies, meaning parents may receive monthly financial support post-adoption.

Independent Adoptions

Costs vary widely but usually fall between $10,000 and $40,000. Expenses include:

Legal representation
Medical costs
Birth parent support (but strictly within Florida’s legal limits)

Step 6: The Required Post-Placement Period

So, the child is finally home. You’re adjusting to a new routine, but before the adoption is legally final, Florida requires a post-placement supervision period.

Over the course of 90 days (sometimes less if the court allows), a caseworker will:

Visit your home to check on the child’s adjustment
Submit reports to the court confirming the child’s well-being
Provide support and resources to help with the transition

Step 7: The Final Adoption Hearing

The legal process ends here — in a Florida family courtroom, where a judge will finalize the adoption and officially recognize you as the child’s legal parent(s).

Here’s what happens in the hearing:

You (and your child) appear before a judge
The judge reviews all legal documents to ensure every requirement has been met
You confirm your commitment to the child and understanding of your legal responsibilities
If everything is in order, the judge grants the final decree of adoption