Private Adoption in Florida (Adoption Without an Agency)

A Florida private adoption is a type of adoption that is done without using an agency. In a private adoption, the birth mother and the prospective adoption parents match independently, often through mutual contacts or social media. Then, the prospective parents hire an attorney to complete the legal steps. No agency is needed.

Private Adoption Overview

Completing a private adoption in Florida requires you to (1) match with the birth parents, (2) secure the help of an adoption attorney, (3) accept placement of the child, (4) obtain a termination of parental rights, and (5) have the court issue a final judgment of adoption.

A private adoption is also called an independent adoption or a matched adoption, as both sides are completing the adoption independently without using the assistance of a large adoption agency.

Even though you do not need an agency, you should still use an attorney with a private adoption. The attorney ensures all the legal requirements of the adoption are met. Using an attorney alone is still significantly cheaper than hiring a full adoption agency.

Requirements for Private Adoption

In Florida, private adoptions and independent adoptions are governed by Chapter 39 and Chapter 63 of Florida law. Chapter 39 covers the termination of parental rights, while Chapter 63 covers the adoption procedures.

Here are the requirements:

• The adoptive parents must be able to financially and emotionally support the child.
• The parental rights of the biological parents must first be terminated through a separate Termination of Parental Rights proceeding.
• The biological mother and father must consent to the adoption, or their consents must be waived by the court.
• Instead of signing a consent, the father can sign an affidavit of non-paternity.
• Once the parental rights are terminated, the prospective parents must file a petition to adopt the child.

With a private adoption, the birth mother and the prospective parent have already independently matches. Therefore, the mother should be willing to sign the consent to the adoption. If there is no father involved, the attorney must still notify any person thought to be the father of the adoption. If the father does not sign a consent or affidavit of non-paternity, then the attorney must serve the adoption paperwork on the father.

Steps to Florida Private Adoption

There are five steps to completing a private adoption in Florida:

1. Select an adoption attorney.
2. Create an adoption plan.
3. Complete a home study.
4. Take placement of the child.
5. Finalize the adoption in court.

1. Select an Adoption Attorney

With a private adoption, the birth mother and the adoptive parents must each have their own attorney. The attorney for the adoptive parents is the one who files the proceeding to terminate parental rights pending adoption and who files the adoption case itself.

The adoption attorney will represent the adoptive parents in court for the finalization of the adoption.

2. Create an Adoption Plan

The adoption attorney will help the adoptive parent and birth mother create an adoption plan. An adoption plan outlines the terms of the adoption and how it will work. It includes details about who can be in the delivery room and the level of post-birth contact between the birth mother and the adoptive family. The adoption plan can also state whether the adoptive family will reimburse the birth mother for any of her living expenses incurred during the pregnancy.

3. Home Study

In Florida, a home study is required for all private adoptions. However, a home study is not required if the adoption is for a stepchild or relative.

Home studies are conducted by licensed social workers. The social worker will learn more about your family and your living situation. Then the home study agency will write a report that will be included with the adoption petition.

The specific requirements of the home study are outlined by Florida law.

4. Placement

Once the home study is complete and the baby is born, the child can be placed with the adoptive parents. Placement can take place at the hospital.

In other words, you don’t have to wait for the adoption to be finalized before taking custody of the baby.

5. Finalize the adoption

After the baby is born, your attorney will file a petition to terminate parental rights pending adoption. This formally terminates the parental status of the biological parents. Once that is complete, your attorney will file a petition for adoption. The judge will conduct a final hearing and enter a final judgment of adoption, formally making you the parents of the child.

After the adoption is complete, you will be able to apply for an amended birth certificate for the child, which will show the adoptive parents as parents.

Benefits of Private Adoption

Here are the benefits to a private adoption in Florida:

1. Control. In a private adoption, you can work with an attorney to create an adoption plan that best meets the needs of all parties involved. In contrast, with an agency adoption, the adoption agency asserts control over the entire adoption process from start to finish.
2. Speed. Private adoptions can often be completed more quickly than agency adoptions or adoptions through the foster care system.
3. More information about the birth parents and the child. In a private adoption, the birth parents and adoptive parents have already matched, so they often have more direct communication and exchange more information about each other and the child.
4. Lower cost. Private adoptions are less expensive than agency adoptions. You don’t need to pay the agency fees or the advertising fees.

Adoption Without an Agency

A Florida adoption without an agency, also called an independent adoption, allows a birth mother and adoptive parent to match independently and complete an adoption without having to work with an agency. They work directly with each other and the attorney rather than a large agency company.

In fact, the only two professionals you will need to hire are an adoption attorney and a home study social worker. No other professionals are required.

In an adoption without an agency, the birth parents and adopting parents find each other through personal connections, social media, Facebook, and so on.

Adopting without an agency in Florida is much less expensive than using an agency. However, for adoptive parents, it could be harder to find a birth mother who is looking to place their child for adoption.

FAQs About Private Adoption

Here are frequently asked questions about private adoption in Florida.