Adoption creates a legal relationship between the adoptor and the adoptee. Once an adoption is finalized the adoptor will have all legal rights over the adoptee as if they were the biological parent of the adoptee. The adoptee is given legal right to receive from the adoptor at their passing as if they were the biological child of the adoptor. Florida Statute allows for single adults to adopt, married couples to adopt if acting together, and a married individual to adopt their step child with the consent of their spouse.
For all adoptions involving minor children consent of the minor child’s biological parents is necessary. Consent of the biological parents can be done in advance of the adoption by surrendering the child for adoption or by filing an affidavit of consent to the adoption in which they waive their legal rights over the minor child. If the minor child’s biological father was not married to the mother at the time of the child’s birth and has not filed a petition to establish paternity over the minor child, then his consent is not necessary for the adoption to take place. Consent to the adoption is not necessary if the biological parents’ rights have been terminated by the State of Florida.
For any adoption involving an adoptee who is over the age of 12 the courts will require that the adoptee consent to the adoption. This can be done by filing with the court an affidavit of consent to adoption.
If an adoption agency is involved in the adoption process there may be an investigation that is conducted with regard to the prospective adoptors. This can include a background check, investigation into the adoptors’ financial data, interviews between the agency and the adoptors, and possibly visits to the adoptors’ home.
