|
In Florida, there are four types of adoptions: the entity adoption (or agency or attorney facilitated adoption), the stepparent adoption, the close relative adoption and the adult adoption. While some rules apply to all adoptions, each type has unique procedures and requirements, which must be strictly adhered to in order for the adoption to be finalized by a judge.
For all adoptions, the Court must receive clear and convincing evidence to show that facts exist to terminate the parental rights of the biological parent(s). Such evidence would normally consist of a properly executed consent for adoption (or Irrevocable Affidavit of Non-Paternity) or evidence that the biological parent has been abandoned the child or otherwise failed to protect their parental rights under Florida law. There are many requirements that an unmarried biological father must meet in order to protect his rights. If all of the requirements are not met in a timely manner, his ability to challenge the adoption is compromised. We have vast experience handling cases in which non-custodial biological parents have unsuccessfully attempted to challenge the adoption.
The time frame for completing an adoption differs for each type of adoption in Florida. In the case of an entity adoption (usually involving newborns), the adoptive parents are legally required to wait to finalize their adoption until at least 90 days after placement of the child in their home and 30 days after the judgment has been entered terminating the parental rights of the biological parents. The actual time frame for completing entity adoptions varies widely from three to twelve months depending on a variety of factors.
On the other hand, in stepparent adoptions, close relative adoptions, and adult adoptions, the adoptive parents are eligible to immediately finalize their adoption by filing a joint petition for termination of parental rights and adoption. Because no
home-study is required for these types of adoptions, the Courts allow the adoptive parents to finalize the adoption as soon as the paperwork is complete. |
DAYTONA
BEACH: 386 - 673 - 1234