Adoption Law in Florida
Do you want to learn more about adoption in Florida, in particular? Are you looking for a resource around foster care adoption, private adoption, agency adoption, and really understanding the differences in the processes between the two theories? If so, today you're in for a real treat. Today we're having a conversation with Sarah. Sarah is an adoption attorney in the state of Florida. And she shares a bit more about each of these different types of adoption and the differences between them.
Amanda: Now let's dive into our conversation with Sarah. Sarah, thank you so much for being willing to join us today.
Sarah: I'm glad to be here. And thank you so much for the invitation. It's an awesome opportunity.
Amanda: Well, we are so excited to learn about all things adoption law in Florida. I had just a sliver of an insight into it seven years ago, but I know things change on a very regular basis. And I'm not an adoption attorney. So we are excited for you to be here. It's just our note for the audience. This is not creating an attorney-client relationship; it is simply for informational purposes and, more importantly, to give you a trusted face to reach out to when you have more questions. To that end, Sarah, would you be willing to share a little bit more about yourself with the audience?
Sarah: Sure. So I am obviously an adoption attorney. I'm a member of the body. And I work with Katie J., who is also a member of Quad A and is actually going to be on their board in May this year. So she's just gotten that call; she's going to be on their board. But we have known each other since our time at the Department of Children and Families. We both worked as, I guess, the equivalent of a prosecutor. But we worked as attorneys for children's legal services and handled a lot of dependency cases together. And then she actually went on to work for a UN agency in New York and was their general counsel here in Florida. And we circled back and were able to connect, so we started our firm. And ever since then, we've really had a real, exciting experience with adoption. I can tell you that coming into it, I did not have a ton of knowledge of the world of private adoption. And it's been a great growing experience. For me, I come from a background of mostly dependency work. I represented parents after I was done with my time and my department's children's families. I've also done guardian ad litem work and attorney-in-fact work. So when I got the opportunity to hook up with Titi and start a firm with her, it was a great way to kind of expand my knowledge base and really just connect with the world of private adoption, too. So we've been doing both things really, really well for the last several years with a heavy focus on dependency adoptions, but we still love our private cases, too. And so that's a little bit about us. And we're happy to share what we know about Florida law with your audience.
Understanding Dependency Adoption: The Process and Average Age of Children Available for Adoption in the state of Florida
Amanda: Oh, thank you. And I'm really excited for you to be able to share more about dependency adoption with the audience in addition to private adoption. Can we first just start with a definition of what dependency in adoption means?
Sarah: Sure, so dependency adoption, and you'll hear me use the words "dependency," "public adoption," and "foster care" kind of interchangeably. But usually what we're talking about is a child who is free for adoption through the state system. So there's been a challenge that has been removed from the care of their parents for abuse, abandonment, or neglect. And for whatever reason, the parents' rights have been terminated, whether it was involuntarily or voluntarily. And that child is now free for adoption through the state, in this case the state of Florida.
Amanda: Gotcha. Okay. So that is, after you said the point that I want to kind of tie back to is that it's after the rights are terminated. So this child is free and clearly available for adoption. Do you mind sharing with us a little bit once the child is available for adoption? What does the process look like from that perspective?
Sarah: Sure. So when a child's free for adoption, it really depends on the kind of their history and how they came to be free for adoption. So for a lot of children, if they're in a stable home that is already pre-adoptive, the court, the agency, and the state will all usually work towards having that pre-adoptive home finalized. But there are a lot of children who, at the time of the termination of parental rights, are not in an adoptive home. So they're free for adoption. They're usually listed on several websites throughout the state and across the country as children who are in need of forever homes. So for those children, the state will actually accept applications in full and conduct home studies for those children to be adopted by folks that are interested in breeding and providing a forever family for them.
Amanda: And what does the term "pre-adoptive home" mean in this situation?
Sarah: So when I use the word "pre-adoptive home," I'm talking about a home that has basically met the home study requirements for placement in the state of Florida. And that has already expressed an interest to the state caseworker and the state agency that they are willing and able to adopt the child that's in their care, and therefore they want to move forward with an adoption quality home study. And then the worker will either complete the adoption, home study, or there'll be a new worker that comes in through a contract and agency with the state to do that and often won't study on that great job, if that makes sense. Because, as we have learned in several states, there is a difference between a foster to adopt homestead, excuse me, a foster care home setting, and being eligible to be a foster parent versus a private adoption home study.
Amanda: Yeah. Perfect. And one question I get quite often in my DMs is, if someone is considering adopting from foster care or adopting once a child is free for adoption, they oftentimes have the question around the age of the child: what is the average age that a child would become available for adoption? I know it's hard to speak in averages. But can you give any kind of guidance on that topic, given your experience in this field?
Sarah: In my experience, it does vary wildly. However, I will tell you that most of the children that you do see, for example, on the websites listed that are free for adoption are in the state of Florida. They're done by the different contracted agencies, and a lot of these children are older. So these are children that are probably five and older, or eight and older. and for various reasons. They just have not connected with their forever family, and they're free for adoption. That doesn't mean that there are only those children available for adoption. But you do see a lot more older kids—five and above, eight and above—available on the websites, at least. But I will tell your audience that it's still important to try to make those contacts with the caseworkers in the state. Because if there is a child that perhaps hasn't made it yet to the website, if you have an ongoing relationship with a caseworker, they can also conduct you with children that are, you know, being made free for adoption or in the process, essentially, so that you could potentially look at a child that's, you know, younger or with a different age or demographic, basically.
Preparing for Foster Adoption in Florida: Expert Advice on the Unique Journey Ahead
Amanda: Yeah, that totally makes sense. And that led right into the next question I had, which was, if someone's interested in adopting through this method of that chain, how and where would you suggest that they begin?
Sarah: So they can just honestly—the internet is a great tool—start looking at the individual, what we call community-based care provider websites. And they will have listings on their websites of children that are free for adoption. So if they just do a simple Google search, they will find individual clinics, which we call CVCS. For the acronym that has children that are free for adoption, Wonderful Kids also has lots of connections and links to children that are available through the foster care system as well. But I would say if you're really committed and interested in the idea of foster adoption, start with the actual local agency instead of using the national resources; you want to be on the ground in Florida because those are the people with the most knowledge.
Amanda: That makes the most sense. Before we transition into our private adoption conversation, do you have any other words of wisdom or process things that you would like folks that are considering foster adoption to really focus on?
Sara: Yes, I think that for foster care adoptions, the best way to frame it is as a private adoption. It has a journey. Foster care adoptions have their own unique journey as well. So if you are interested in adopting through the foster care system, I would encourage everyone to really take the time as an opportunity to examine their family structure and whether or not they're capable of and wanting a child that may be very highly needy, have certain special needs, have a history of trauma, and really understand that that is a commitment that you're making to that child who has a very unique history. So if they can take the time to really consciously prepare themselves mentally and emotionally for the journey of the foster care system, I think that is the best piece of advice I would give folks: to really just make sure that you're ready for the emotional side of this kind of adoption. Some of them are very straightforward. It does not take much legwork, I guess, to get the actual adoption to move forward. But there is a lot that comes into play in some cases, and folks really just need to be mentally prepared, which is the best way to say it for that kind of journey.
Amanda: Yes, that totally makes sense. I often coach my audience into really thinking through how they are properly equipped to parent, because at the end of the day, that's your goal, right? That's to become a parent. And so you want to think through all the different situations and make sure that you can best show up for these kids in that way. And if you're not, then that may not be something that you're open to in her situation and that you're best equipped to provide for. and there's no harm in that. But it's important that you understand that and be willing to communicate that information to those that you're working with, so that you can really find the right situation that's going to best serve this child in the end. Well, now I'd like to shift gears a little bit and talk about private adoption. And I use the word "private adoption" because I know that there are so many different types of adoption, especially when it comes to things that are not necessarily foster care adoptions. Can we start by talking just a little bit about the different methods of matching or the different types of adoption that are allowed in the state of Florida—our agencies or consultants are self-matching—all of those different types of adoption? Can you share a little bit more about that with us?
Understanding Adoption Matching Options in Florida for Prospective Adoptive Parents
Sarah: Sure. So when it comes to the different types of matching, I'll let you know that our firm doesn't typically do any kind of matching in the state of Florida. We usually have our clients come to us having already matched, and generally speaking, Florida law kind of frowns upon out-of-state agencies matching with Florida birth moms. So my advice to folks is to contact, whether it's our firm or another firm that's registered, and provide a way to really understand and navigate the dynamics of matching and the state of Florida because there are a lot of nuances to it. And I would rather your clients and your folks that are listening have a well-experienced attorney who can navigate all the nuances in court and explain them to the judge, kind of how this matching came to be without it causing any real roadblocks for them.
Amanda: Yeah, that really is important. I often preach that having an adoption attorney as your partner is the very, very first call, honestly, even before you get into the home study that I suggest that everyone do because each state is highly nuanced and adoption laws change all the time as to all laws. And so it's really important that you have someone that's experienced in adoption law; a family attorney is not the same as an estate attorney. You want someone who understands adoption specifically.
Sarah: Yeah. And not to jump on that topic, but not to jump back to foster care. But I will tell you that when, for example, you're dealing with somebody who is qualified and understands foster care adoptions, they're going to help you and be an ally in the subsidy portion of it. So there are adoption subsidies through the state of Florida that you're eligible for if you adopt through the foster care system. Most adoption attorneys that don't have a ton of experience in that area will have their clients sign an adoption subsidy agreement that is not appropriate for that child's level of care. And so that's why I say your advice is absolutely on point. You need to have an attorney, whether it's a subsidy issue or a matching issue, explain to the court what's going on and really advocate and make sure that those prospective adoptive parents, those adoptive parents, are getting the best services possible and the most knowledge possible as well.
Amanda: And it really can make a difference in the family's ability to thrive together as a unit with the right subsidies and the right support system in place once the child does come home. And that honestly could, you know, be appropriate from having the right services and support in place for a private or a foster care adoption either way? Sure, you're set up and best equipped to care for the child. So as it relates to the different types of adoption in the state of Florida, obviously, we know that based on our conversation and the adoption agency, maybe a local adoption agency is a choice that no one should consider. But are there other types of matches that are also possibilities?
Sarah: Well, we definitely do have adoption consultants here in the state of Florida who offer reading and can guide folks if that's, you know, a resource they would like to use. And people have self-matched as well. So there are lots of different opportunities for people. Like I said, our firm specializes mostly in people who have already self-matched and have come to us. And they already identified the birth mother; there's an ongoing relationship already. So that's what we see the most of in our practice. But those other options are available to clients too.
The Adoption Process in Florida: Navigating Putative Father Registry and Living Expenses
Amanda: To those clients that come to your practice who have already self-matched. What are the trends that you're seeing as it relates to how they're actually self-matching their adoption? Are they leveraging paid advertising? Is it strictly a case of coincidental connections made through, you know, friends, neighbors, etc.? Is it social media? What are you guys seeing?
Sarah: We see that most of the cases we comfortably handle are those where people have connections, whether it's a friend, family member, friend, or other connection or associate. That's how they're matching when they're coming to us.
Amanda: Okay, that makes sense. Can we talk a little bit about the process? So say once they've identified a match and then they've come to you all, can you talk a little bit about the process kind of from there until finalization?
Sarah: Sure, so one of the reasons that Florida is so attractive for adoptions is because the privacy laws protecting mothers are very, very high. So Florida is a very favorable environment for protecting birth parents, specifically the mother's privacy rights. So she can, at the time that she's matched, choose to not disclose the name of the father in this particular adoption. And that's completely legal in the state of Florida; she does not have to disclose his name. Now, we are seeing trends where, if the father's name is disclosed, he is participating in the adoption process, and there is a lot of engagement there as well. So if that's necessary, then we will have, you know, the fathers fill out all the required paperwork for the private adoption, if it's appropriate. In the state, the limits on living expenses for birth mothers are quite high under Florida law. So we will want their self-match, and we will have a social worker go out to introduce the birth mother, make sure that that complies with Florida law, and set her up with all the appropriate birth mother expenses and living as well. So that's usually the first step that we take; we tend to contract with a social worker who will do the groundwork for us. Because we're not an agency, we don't have stuff like that. And we have a wonderful network of social workers across the state of Florida that we work with who are fantastic. And she will handhold and walk the birth mother through the several months of her pregnancy, making sure that everything is going well. And we will just ensure that her support is there throughout the days leading up to the actual birth. And then, once the birth occurs, we employ a contracted attorney to represent the birth parent at the time of the adoption consent signing. And usually that happens, typically at the hospital; it depends on the circumstances, but typically at the hospital. And that's really the gist of it. There's not a whole lot of nuance or complications when it comes to what it really looks like from that point forward.
Amanda: So let's go back and touch on a couple of key topics that I've heard in other states, just so that we can pull the thread all the way through for the audience. So when it comes to the birth father, right, let's kind of start back at that point. Is there a putative father registry in the state of Florida? And can you speak of how things might differ if birth father is known or unknown from that perspective,
Sarah: So there is a putative father registry in the state of Florida that we have to search prior to the finalization of TPR. And essentially, if he is listed there, then we have to obviously give them notice and the ability to participate in the adoption proceeding, the TPR proceeding, but if he is not named, there's really no obligation for us to engage him in the process at all.
Amanda: And his process for naming himself on the putative father registry is something like calling the county clerk or going somewhere in person—how does that work?
Sarah: So in the state of Florida, typically, it's a piece of paper that, more than anything, is an acknowledgement of paternity that they would send to vital statistics, and biostatistics would update the child's records. Importantly, essentially, as one piece, that's one way to do it. Obviously, there are court procedures where he could acknowledge paternity. That's odd, sort of because the child's born obviously, but yeah, most of the time there's usually at least a form that they would do inside the vitals, just statistics.
Navigating the Legalities of Adoption: Understanding Living Expenses and Medical Decision-Making Rights
Amanda: That makes sense. And then, as it relates to living expenses, can you touch upon what one might consider the general buckets of what is allowed? And then, I'm assuming, as in Florida as in other states, that it's really critical that those funds actually be paid through the attorney's office and not directly between the adoptive family and the birth family. But can you touch a little bit on both of those areas?
Sarah: Sure. So the expenses that we're usually seeing are just primarily living expenses, medical expenses, clothing, and things like that. All of that runs through the attorney; the adoptive parents do not have direct contact with the birth mother regarding that in any way, shape, or form. It's all done through the attorney's office.
Amanda: Yeah. And it's really critical that that be the case, even from day one—not just from the moment I've managed to go speak to an attorney but also from that additional conversation. If there's a conversation about, you know, gas because I need to get to work the next day, then that should be, in my mind, always a red flag but really an area where you need to stop the conversation and make sure you have appropriately Oh, counsel was involved that way.
Then, when it comes to the point of birth, and so baby is born and all of the appropriate consents are signed at the hospital, I oftentimes get a lot of questions from my audience as it relates to what happens next and what gives me the legal right to walk out of the hospital with baby to make medical decisions on behalf of baby. And then, at what point is the adoption actually finalized? Do you mind speaking a little bit more in detail about those steps?
Understanding Private Adoption and Finalization Process in Florida
Sarah: Sure. So once the adoption consents are signed, as long as there is an adoption quality home study that's been performed and given to us as the firm on the adoptive parents, that child is released to us, but they're in the care of the adoptive family. At that point, essentially, we have to decide whether an agent of our office has to be present at the hospital at the time the baby is discharged in order to assist with the release of the child but also the transfer of the child to the adoptive family. While they're, you know, sometimes we have as a family, so while they're spending time in Florida waiting for ICPC or whatever it may be, from that point on, essentially, they have physical custody of the child and legal custody remains with us. And what we typically do is get orders once rights are terminated, allowing that family a guardianship essentially, under the adoption case, pending the finalization,
Amanda: That makes sense. Yeah. And when they have guardianship of this child, is that the point where they can begin adding them to their health insurance, for instance, with those papers?
Sarah: It depends. Usually, that's what we see folks being able to do with those orders. And that's obviously the advantage of getting an order like that. But it really just depends on their insurance companies. But typically, that's one of the main benefits of having that order in place.
Amanda: Okay. And I know again, it's been a few years since we brought our oldest home, but it was six months after our finalization period. Can you speak a little bit about how finalization works in a private adoption in Florida now?
Sarah: Sure, in Florida, the child has to be in that placement for 90 days.
Amanda: Awesome. Maybe I'm misremembering; maybe it wasn't six months, maybe it was 90 days. You know, time flies when it's been seven years. Okay, well, that was really helpful, I think, for the audience to have a really deep understanding of the different types of private adoption that are available or, you know, potential in the state of Florida, as well as the overall process. I would just like to ask if there's anything else that you would like to share with the audience as it relates to private adoption or foster care adoption in the state of Florida.
Sarah: So I think that one of the biggest things I would tell your audience is that I know a lot of families go into making an adoption plan thinking that maybe this is the route we're going to take, we're going to take the private adoption route, and this is exactly what we want. This is how this is going to work. I would encourage people to open up their minds to, and I'm sure you've done this, look at all of the full breadth of opportunities within adoption. Foster care and adoptions obviously have my heart. It's an area that I've worked in for many years. But as long as families are opening themselves up to as many types of adoption, I know that they're coming in knowing that adoption is for them. They wouldn't be listening to this podcast, and they wouldn't be listening to or looking at all the services available if they weren't open to adoption, but just know that there isn't one path to making your family. There are so many, and there is a ton of opportunity within the foster care system if their family is ready, willing, and able to take a child from the state or from the foster care system for them to really create a wonderful, loving forever family for a child that is in need of a home. So I would just encourage them to look at every opportunity available to them, even if they came in with just one idea of what adoption is like.
Amanda: I totally agree with you. I often tell my clients that the best thing they can do for themselves is research. And ask the questions being introspective: what am I equipped to do and what am I not equipped to do? And then be open and put yourself in the driver's seat? Go ask the question, explore the thought, and really, you know, just kind of continue every day, taking one step forward towards their goal, because I find that my clients that pursue multiple methods of matching, ultimately, are the ones that end up matching faster than others, because they're taking intentional action behind where they feel aligned and call to provide a life for the child. Yeah, that's great.
Amanda: Well, Sarah, how can our audience find more information about you and your partner and really get in touch with you to work with you?
Sarah: Sure. So the best place to find this is our website. Our website is www.flfamilyformation.com And we're on both Facebook and Instagram; we are pretty active in sharing our, you know, adoptive families; we'd love to celebrate with them. So you'll see a lot of information, both on our website and online. Just our finalization, but also a lot of our work, so we try to do a lot of legislative work as well. So there's a lot of information for parents looking to know what their rights are as adoptive parents, so we encourage them to look over social media and websites.
Amanda: That is great. Well, thank you again for your time. And we'll be sure to link to everything in the show notes to make it super easy to find and get in touch with you. Thank you, Sarah.
Sarah: Thank you.
Amanda: I think Sarah touched on something that was really important right there at the end of our conversation, which was being open to multiple different types of adoption. Hands down, those clients of mine that actually consider multiple different methods are important. Maybe they're working with an agency and trying to self-match. Maybe they're working with an attorney and also self-matching. Those are the clients that are matching faster. And it's because they're putting themselves in the driver's seat to really take consistent action so that they can reach their goal of adopting a child. If you need help to find which types of adoption are right for you. Then check out finding your perfect adoption pathway.
This program is designed to help you decide which types of adoption are right for you in less than four hours. This really breaks it down for you step by step, but in a really easy-to-digest format, so that you can take this first critical step of your adoption journey. super simple, thus reducing the overwhelm and unnecessary expense in your adoption journey, my friend.
If you want to learn more about it, head on over to myadoptioncoach.com/pathway. Remember, my friend, you are worthy of support, and I'm here with you every single step of the way. I'll see you soon.
Disclaimer: The information contained herein is not to be considered legal advice. We are not attorneys. Should you wish to hire the attorney mentioned in this post, please contact them directly.
