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We were told at a J.R. recently that there is a fairly new law where the parents are told at an advisory hearing prior to the TPR hearing that they can hire a private attorney and do a private adoption (meaning that they can still privately adopt out their children to a person of their choice at their expense just prior to TPR). Has anyone else heard of this or had any experience with this?? I'm very nervous that bios will try to do that and have the kids adopted by someone they know (so they will still have access to them). I'm mainly curious if they do a private adoption does the person still have to "qualify" with homestudies and such? Or as long as they can pay for the attorney can any "Joe" can adopt the kids?
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Parents can do that in Florida, but I'm pretty sure the law is close to ten years old... it's possible that it was amended recently, but, if so, I'm not aware of the change.
What happens is that both parents have to work with an adoption agency. The adoption agency will have to have a home study for the prospective adoptive parents. If both parents consent to the adoption, the adoption agency will file a motion to intervene.
The judge still has to make a "best interest of the child" decision -- just because the parents go through the process, it does not mean the child will definitely be moved.
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