Adoptions in Florida

Selecting a law firm

Mario Gunde Peters & Kelley can help you with step-parent and relative adoptions

Our law firm can assist you with terminating parental rights and finalizing the adoption if you have already identified the child or if you have completed some of the steps of the adoption process.

As a final step, the Home Study assessment is performed; the birth parents’ parental rights are terminated, and the adoptive parents’ adoption is finalized.

There may also be circumstances in which legal assistance may be needed. This may include interstate, international, intermediary, special-needs, second-parent, relative, stepparent, and same-sex adoptions, as well as complex, appealed, or contested cases.

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Adoptive Parents

It is a heartwarming decision to welcome a child into your family. However, adoption can be a complicated process, with unexpected details, issues, and concerns. We’re here to help you understand and use the law to ensure a smooth transition and to protect your parental rights.

Adoption by a Second Parent

It was ruled in September 2010 that Florida’s ban on homosexual adoptions was unconstitutional by the District Court of Appeal for the Third Circuit. In Florida Department of Children and Families v. X.X.G., 45 So.3d 79 (Fla. 3rd DCA 2010), all gay and lesbian adoptions were expressly prohibited until this decision.

The Court’s ruling means home studies no longer assess sexual orientation, thus making it possible for gay and lesbian individuals to adopt under various scenarios. In a ‘second parent’ adoption, they can take on legal parental responsibilities for a partner’s biological child, who may have been created via an anonymous sperm donation or from the partner’s past relationship. This resembles a stepparent adoption; however, depending on the situation, certain special prerequisites, as well as post-placement reports, must be taken care of as per Florida Statutes.

Intervention in Adoption

Parents involved in a dependency or termination of parental rights case with Florida’s Department of Children and Families (DCF) may not be aware that they still have a say in where and when their child is adopted. This process, known as Intervention, permits a private adoption entity to intervene in the DCF scenario and take on the adoption according to the birth parent’s wishes. In this way, a child can move out of foster care and into an adoring home selected by the biological parents. There are several benefits to using Intervention – it is faster than going through the court system, there are no more hearings for the birth parent to attend, and most importantly, it allows them, instead of the state, to plan what lies ahead for their little one.

To qualify for a private adoption placement, parental rights must remain intact. This indicates the state has not yet finalized a termination of parental rights order. Every intervention has a unique set of elements to consider, and our team can explain what goes into these proceedings.

Foster Care

Your decision to accept a foster child into your family is one you make with a warm heart. However, foster care is a complex process, filled with unexpected details, questions, and issues. It is possible to change plans from short-term to long-term depending on the unique circumstances of your placement. We are here to help you understand the law to ensure you feel informed every step of the way.