Florida Adoption Basics
In Florida, any person, a minor or an adult, may be adopted. A petition to adopt an adult may be granted if:
(a) Written consent to adoption has been executed by the adult and the adult’s spouse, if any.
(b) Written consent to adoption has been executed by the birth parents, if any, or proof of service of process has been filed, showing notice has been served on the parents as provided in this section.
There are four categories of persons who may adopt:
(a) A husband and wife jointly;
(b) An unmarried adult, including the birth parent of the person to be adopted;
(c) The unmarried minor birth parent of the person to be adopted; or
(d) A married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if:
The other spouse is a parent of the person to be adopted and consents to the adoption; or
The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.
No person shall be prohibited from adopting solely because such person possesses a physical disability or handicap, unless it is determined by the department or the licensed child-placing agency that such disability or handicap renders such person incapable of serving as an effective parent and no adoptive parent in FL may be homosexual.
The adoption petition in Florida must include at least the following: The date and place of birth of the person to be adopted, if known;
(b) The name to be given to the person to be adopted;
(c) The date petitioner acquired custody of the minor and the name of the person placing the minor;
(d) The full name, age, and place and duration of residence of the petitioner;
(e) The marital status of the petitioner, including the date and place of marriage, if married, and divorces, if any;
(f) The facilities and resources of the petitioner, including those under a subsidy agreement, available to provide for the care of the minor to be adopted;
(g) A description and estimate of the value of any property of the person to be adopted;
(h) The name and address, if known, of any person whose consent to the adoption is required, but who has not consented, and facts or circumstances that excuse the lack of consent; and the reasons why the petitioner desires to adopt the person.
In addition to the information that must be in each petition for adoption in FL, there must be information filed in support of the petition to convince the court of the validity of the adoption request. One example of required supportive information is consent form from all living birth parents whose requirement has not been waived by the court. The court may require that consent be executed by any person lawfully entitled to custody of the minor; or the court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor has no authority to consent to the adoption. A favorable home study may also need to be provided to evidence the suitability of the home in which the minor has been placed.
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