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My husband and I want to adopt a child. What must we do first?
For domestic adoptions other than by stepparent, grandparent. aunt or uncle, the first step is completion of a home study by a licensed clinical social worker or licensed private adoption agency. For adoption of a special needs child, contact your local county Department of Children and Family Services licensing unit (MAPP Unit). Also, you may contact the Florida Adoption Information Center toll free at (800-96-ADOPT) or visit www.adoptflorida.org
I'm a foster parent. How can I adopt the child I foster?
Contact your local adoption unit of the Department of Children and Family Services. However, no adoption of a foster child may occur until a termination of all parental rights of the biological parents has occurred.
Should I adopt or just be a guardian?
An adoption means that a termination of biological parental rights has occurred, and you are now the legal parent. With this, you acquire all rights, duties and responsibilities of a natural parent, including the responsibility to financially support and care for the adopted child. Guardians are appointed by the court, and most often only for a special needs child (See “Probate” section). Another alternative is temporary custody by an extended family member or the Department of Children and Family Services’ relative caregiver program.
Do I have to get consent from both biological parents in order to adopt? What if we don’t know where one of
the parents is?
You must get consent from both biological parents in order to adopt. If the whereabouts of one or both parent(s) is unknown, you must demonstrate that a diligent search has been done, unless the child has been abandoned. It is recommended you consult an attorney prior to adoption since this is a highly specialized area of the law.
I want to locate my biological parents.
How do I do this?
You may contact the Interstate Compact Office at the State of Florida’s Adoption Reunion Registry in Tallahassee (850/487-2760), or contact the State of Florida Adoption Information Center (800/96-ADOPT). However, it is critical to understand that adoption records are sealed as required by law, and gaining access to records of an adoption with an agency that does not participate in the Interstate Compact program is extremely difficult, and will probably require the filing of a motion with the court, although this will not guarantee that permission to unseal the records will be granted.
Can I get adoption records?
Again, adoption records are confidential and sealed upon adoption finalization, and it is extremely rare for those records to be opened. See previous Question.
Can I adopt an adult?
Yes. However, consent of the adult, and spouse of that adult (if alive) if the adult and spouse are still married, are required. The Parents of the adult to be adopted must also be provided with written notice of the final hearing or served with process.
You may find forms and instructions for filing a petition to adopt an adult at www.flcourts.org. Follow the prompts to “Self-Help Center” and then, “Family Law Forms".
I want to adopt a child from another country.
Can I do this? How do I begin?
Both the Internet and local Yellow Pages list an assortment of adoption agencies that work in conjunction with national agencies coordinating international adoption. The process begins with an application submission, home study, and completion of forms required by the U.S. Immigration and Naturalization Service. The international adoption process takes twelve to eighteen months, although many countries expedite applications when prospective parent(s) are willing to adopt either older and/or special needs children. You can expect to travel to the country where the adoptive child resides. Total costs are $15,000-$20,000. It is suggested that you consult an attorney to support you in the process.
