Florida Adoption Laws, Page 3
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Consent Laws
Who Must Consent to an Adoption
Statute: § 63.062
- The mother
- The father, if the child was conceived or born while he was married to the mother or he otherwise has established paternity
- Any person lawfully entitled to custody
If parental rights have been terminated, the adoption entity with which the minor is placed
Age When Consent of Adoptee is Considered or Required
Statute: § 63.062(1)(c)
- A child 12 years of age or older must consent, unless the court determines it is in the child's best interest to dispense with consent.
When Parental Consent is not Needed
Statute: § 63.089
- The parent has abandoned the child, which may be established from marginal efforts to assume parental responsibility.
- Parental rights have been terminated.
- The parent is mentally incompetent.
- A guardian or custodian is found to be withholding consent unreasonably.
When Consent Can Be Executed
Statute: §§ 63.062; 63.088- Written consent must be executed by the birth mother no sooner than 48 hours after the minor's birth. The father may execute consent at any time after the birth of the child.
- Consent will be implied if the location or identity of a person whose consent is required, but is not known, and that person has been served with constructive notice (i.e., published in the newspaper of the county of last known residence, etc.).
How Consent Must Be Executed
Statute: § 63.082- In an agency adoption, consent is by affidavit from an authorized representative.
- In direct placements, parents may execute consent in the presence of two witnesses, acknowledged by a notary public.
Revocation of Consent
Statute: § 63.082- Consent to the adoption of a minor who is to be placed with identified prospective parents, under § 63.052, may be withdrawn only when the court finds that the consent was obtained by fraud or duress.
- Consent to the adoption of a minor older than 6 months of age may be revoked within 3 days or anytime prior to the placement, whichever is later, unless the consent was obtained by fraud or duress
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)
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