Advertising: Only an adoption entity may advertise that a minor is available for adoption or that a minor is sought for adoption.
It is unlawful for any person, except an adoption entity, to charge or accept any fee or compensation of any nature from anyone for making a referral in connection with an adoption. It is unlawful for any person to sell or surrender a minor to another person for money or anything of value.
Relinquishment: An affidavit of nonpaternity may be signed before birth; however, consent to the adoption cannot be executed before birth unless in a preplanned adoption. A birth mother cannot consent to an adoption until 48 hours after the birth of the child, or the day after being released from the hospital, whichever occurs earlier. Birth father’s can consent to the adoption anytime after birth.
Consent given within 48 hours of the child’s birth is valid upon execution unless obtained by fraud or duress. The court may order scientific testing and reserve a ruling on the removal of the child if an unmarried father wishes to withdraw consent, but has not been established to be the father through marriage, court order, or genetic testing.
If the minor to be adopted is at least 6 months old, a 3 day revocation period exists for the birth parents. Once the child is placed with prospective adoptive parents, consent can only be revoked if the court finds that consent came under fraud or duress.
An affidavit of nonpaternity may only be withdrawn if the court finds it came under fraud or duress.
Birth parent expenses: Reasonable living expenses (rent, utilities, basic telephone charges, food, clothing, transportation, insurance) and medical expenses are allowed to be paid by the hopeful adoptive parents to the birth parents.
Post-adoption contact agreements: Contact agreements in Florida are not legally enforceable.
Birth father rights: The Department of Health has created a Putative Father Registry through its Office of Vital Statistics in Florida. In order to retain the right to receive notice of adoption proceedings, unmarried fathers must register their information with the Florida Putative Registry.
Finalization: Children usually live with hopeful adoptive parents for at least 6 months before finalization. The average amount of time between TPR and adoption finalization in 2014 was 10.8 months (acf.hhs.gov).
Review Florida adoption laws in detail.