Adoption

The adoption process in Florida can be complicated and emotional, but this is a process you want to happen correctly. There are multiple types of adoption and legal challenges you must face, and doing so without legal assistance can be a mistake. Contact a Florida adoption lawyer from Luhrsen Goldberg to help guide the way.

There are numerous ways to adopt in Florida, including the four options below. An adoption attorney is an excellent resource for those looking to adopt.

One type of adoption in Florida is entity adoption, facilitated by an intermediary or agency. The process for entity adoption involves the prospective parents receiving and adopting a child from a parent or legal guardian. The adoption entity provides the parents with written initial disclosure. Like stepparent adoption, entity adoption requires an unmarried biological father to receive a Notice of Intended Adoption Plan in case he wants to contest the adoption.

In Florida, stepparent adoption requires the stepparent to get any required consent, file an adoption petition and accompanying forms, and meet certain requirements. The process does not require a report, recommendation, home study, or waiting period. As noted above, a Notice of Intended Adoption Plan must be sent to the unmarried biological father, so he can contest the adoption.

As the name suggests, close-relative adoption in Florida includes adoption by a grandparent, aunt, uncle, adult sibling, or another third-degree relative.

Any single adult or married couple can petition to adopt an adult in Florida. LGBT couples and stepparents can also adopt their spouse’s adult child to establish the same legal parental rights as their spouse. The adopted adult must provide written consent for the adoption. Adult adoptions usually involve family members.

Since there are various adoption choices in Florida, it is crucial to understand the best one for you. Adoption attorneys can help shed light on which option you should pursue and any legal steps you need to take to complete the adoption.

There are several steps one must take to adopt in Florida. You must be aware of the legal process below that you must navigate to adopt.

Choosing An Adoption Agency or Adoption Lawyer
Adoptive parents can work with an adoption agency or an adoption lawyer to help them navigate the process.

Completing a Home Study
Before an adoption can be finalized, the adoptive parents must complete a home study. This study is conducted by a licensed child-placing agency or a licensed clinical social worker, and it assesses the adoptive parents’ suitability to adopt a child.

Placement of the Child
Once the home study is complete, the adoptive parents can be considered for the placement of a child. This can happen in various ways, such as through private adoption or the Florida foster care system.

Termination of Biological Parents’ Rights
If the child being adopted is not a ward of the state, the biological parents’ rights must be terminated before the adoption can be finalized. This can happen through a voluntary surrender of rights or a court process.

Finalization of the Adoption
Once the child has been placed with the adoptive parents and the biological parents’ rights have been terminated, the adoption can be finalized in court. The adoptive parents will need to attend a hearing, and the judge will review the adoption petition and make a final decision on the adoption.

Obtaining a New Birth Certificate
Once the adoption is finalized, the court will issue a new birth certificate for the adopted child with the adoptive parents’ names listed as the child’s parents.

Adoption lawyers can not only help you with the legal process of adoption, but they can also help you overcome the common challenges associated with adoption.

Common Florida Adoption Legal Challenges

There are a host of legal challenges that one must overcome to adopt in Florida. As mentioned, a couple of these challenges include terminating the biological parents’ rights and obtaining a new birth certificate. But there are additional common adoption legal challenges, including the ones below.

Establishment of a Legal Parent-Child Relationship
Once the adoption is finalized, the adopted child and the adoptive parents will have a legal parent-child relationship. This means that the adopted child will have all of the same rights and responsibilities as a biological child, including the right to inherit from the adoptive parents, the right to receive child support, and the right to be included in the adoptive parents’ health insurance and other benefits.

Changing the Child’s Name
Adoptive parents often change the child’s last name to match their own. This can be done as part of the adoption process and will be reflected on the new birth certificate issued after the adoption is finalized.

Granting Legal Custody
The adoptive parents will have legal custody of the child, meaning they will have the legal authority to make decisions about the child’s upbringing, education, and medical care, among others.

Creating a Legal Duty of Support
The adopted child and the adoptive parents have a legal duty of support, meaning that the adoptive parents are responsible for providing for the child’s physical and emotional needs, including food, clothing, shelter, and medical care.

The best things in life often require hard work, and adoption is no different. These are a few common legal challenges included in the Florida adoption process with which a Florida adoption attorney can assist.

Those looking to adopt in Florida turn to Luhrsen Goldberg for a Florida adoption lawyer. Our talented team of attorneys is dedicated to helping you through this process. We welcome the opportunity to provide you with Law Powered by Women® legal assistance. Contact us today.

Founded in 2016 by Julie S. Luhrsen, Esq. and Christina A. Goldberg, Esq., Luhrsen Goldberg is a woman-owned and led boutique law practice. We are committed to fighting hard for our clients and putting our life experiences, perspectives, and skills to work for you.

Those looking for an adoption lawyer in Florida turn to Luhrsen Goldberg because they know we have extensive experience in numerous areas of family law. When you seek an adoption attorney in Florida, our team of committed professionals welcomes the opportunity to provide you with Law Powered by Women® legal assistance.