Florida law provides a choice as to where prospective parents should file a case for termination of parental rights and adoption. Generally, the adoption must be filed where (i) the child lives or (ii) the adoption entity, intermediary, or attorney for the prospective parents is located.
Which of these counties is chosen may be a strategic decision…
Do you have a grandchild or other close relative living with you? Do you want to ensure that you have the legal ability to make healthcare, education, and other major decisions for the child? Do you want to legally establish the close relationship that already exists between you and the child?
You may be eligible to adopt your grandchild or other close relative, and fortunately, Florida has expedited procedures in place to facilitate such adoptions.
Florida recently passed updates to its Adoption statutes, which will go into effect on July 1, 2012. Among other statutes, section 63.062 was amended to clarify when it is necessary to obtain the consent for adoption of unmarried biological fathers and others, and what unmarried biological fathers must do to assert their rights to contest an adoption.
[Related: In Which County Should I File My Florida Adoption Case?]
Below you will find the updated text of section 63.062 (new language is underlined, while deleted language is stricken):
63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue.—
(1) Unless supported by one or more of the grounds enumerated under s. 63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088 to:
(b) The father of the minor, if:
1. The minor was conceived or born while the father was married to the mother;
2. The minor is his child by adoption;
3. The minor has been adjudicated by the court to be his child before by the date a petition is filed for termination of parental rights is filed;
4. He has filed an affidavit of paternity pursuant to s. 382.013(2)(c) or he is listed on the child’s birth certificate before by the date a petition is filed for termination of parental rights is filed; or
Many bills relating to family law were proposed this past legislative session. Many, if not most, of the bills died, while some, including House Bill 1163, passed both houses and were signed into law by Governor Scott. House Bill 1163 (now Chapter 2012-81 of the Laws of Florida) made the following changes to Florida’s adoption laws (as summarized by the Florida Senate Committee on Children, Family, and Elder Affairs):
- Requires that a petition for termination of parental rights contain facts supporting the allegation that the parents of the child is informed of the availability of private placement of the child with an adoption entity;
- Removes legislative intent that all placements of minors for adoption be reported to the Department of Children and Family Services (DCF or department);
- Amends certain definitions in ch. 63, F.S.;
- Exempts adoption proceedings which were initiated under ch. 39, F.S., from the requirement to search the Florida Putative Father Registry if the search was previously completed;
- Requires the use of an adoption entity for all adoptions of minor children, unless the adoption is by a relative or stepparent;
Beginning July 24, 2011, gay couples in New York will be able to apply for a marriage license. This will make New York the sixth and largest state to recognize gay marriage.
Florida, unlike New York, does not permit gay marriage, nor does it recognize civil unions. But there are things that partners can do to symbolize their love for one another and create certain rights and responsibilities. You just have to be creative.
Let me give you an example. One of the services that my firm offers is that we represent clients in name change matters. I have heard all different reasons why a client wants a name change, including that he or she (a) has done some things he or she is not proud of and wants to turn a new leaf, (b) wants to take on the qualities of a religious or historical figure by taking on part of that figure’s name, and (c) simply does not like his or her name.
One day, a young woman came in for a consultation, and she had a touching story to tell me. She said that she had been dating her partner for several years, and that they wanted to get married. But, of course, Florida does not permit gay marriage. However, this woman decided to declare her love and commitment by legally taking on her partner’s last name. I was able to guide her through the judicial process of symbolically affirming her dedication to her partner through a name change.
Florida has provided an expedited process for cases where a spouse seeks to adopt his or her stepchild. Advantages of a stepparent adoption over the average adoption include the following:
Below is a video from ABC Action News which follows one family through Pinellas County’s Seventh Annual Day of Adoption (November 2010):
