Adoption In Florida

Florida adoption law covers several types of adoption including agency placement, stepparent, foreign and pre-planned adoptions. Adoptions in Florida are encouraged and the procedures, while time consuming and sometimes complex, are becoming more streamlined

Unfortunately, the pool of available adoptees (in certain categories) seems to be dwindling. As a result, pre-planned adoptions (Genetic or “traditional” surrogacies) are becoming increasingly popular.

Traditionally, adoptions were handled through agency placement. Many religious and civic organizations sponsored adoptions of children (especially when war or other circumstances robbed children of their parents). Today, fewer agencies are handling adoptions of children born from unwanted pregnancies. Many older children from troubled families become available through foster children's programs via dependency actions, that is, legal proceedings designed to take away or restrict the natural parent's responsibility for their children. These types of the adoption usually require government approval and home studies.

With more women keeping their babies and abortions readily available, there are simply fewer infants to adopt.  

Foreign adoptions are not new, especially from countries that in the past suffered from wars and other socio-economic problems. Today, adoptions are available from some Asian and South American countries. Because of the incredible bureaucracy in foreign adoptions, using an agency that specializes in such adoptions is the wisest course to follow.

Stepparent adoptions are the most common and least complex of adoptions to accomplish. In this age of blended families, many families desire to establish closer bonds between the new spouse and stepchildren. Because this form of adoption maintains one the natural parents staying on as a parent, agency or government approval is not necessary. A home study is also not necessary compared to traditional and foreign adoptions. 

These have often been called “traditional” or “genetic” surrogacies. This involves an agreement between the intended parents and a surrogate (“volunteer mother”) to have the surrogate impregnated with the intended father’s sperm. The surrogate carries the child to term and consents, in advance, to allow the adoption of the child by the intended mother and father. 

Pre-planned adoptions require written agreements to be reviewed by the court during the adoption proceedings. This type of adoption is actually simpler and safer than most other types since the consent is done in advance and rescission is limited to within seven days of birth. Regular adoptions require consent after the child the born. 

In Florida, surrogates can be reimbursed living expenses, medical expenses as well as any other costs directly related to the surrogacy. In Florida, the surrogate can not simply be paid a fee.

Because of the complicated nature of such an agreement, both parties should have the advice and representation of an attorney experienced in this area of the law. Harold S. Eskin, Esq., has such experience.

Adoptions are a wonderful and universally accepted way of expanding one’s family. While many couples desire to have offspring with their genetic imprint, this is often not medically possible.