Consent to Adoption
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Florida

Who May Adopt

Statute:
§ 63.062
The mother.
The father if child was conceived or born while married to the mother or has otherwise established paternity.

Any person lawfully entitled to custody.

If parental rights have been terminated, The adoption entity with which the minor is placed.

Age When Consent of Adoptee is Considered or Required

Statute:
§ 63.062(c)
A child 12 years or older must consent, unless the court determines it is in child's best interest to dispense with consent.


When Parental Consent is not Needed

Statute:
§ 63.089
The parent abandons the child, which may be established from marginal efforts to assue parental responsibility.
Parental rights have been terminated.

The parent is mentally incompetent.

A guardian or custodian is found to be withholding consent unreasonably.


When Consent Can Be Executed

Statute:
§§ 63.062; 63.088
Written consent must be executed by the birth mother no sooner than 48 hours after the minor's birth. The father may execute consent at any tme after the birth of the child.
Consent will be implied if the location or identity of a person whose consent is required, but is not known, and that person has been served with constructive notice (i.e., posted in the newspaper of the county of last known residence, etc.).


How Consent Must Be Executed

Statute:
§ 63.082
In an agency adoption, consent is by affidavit from an authorized representative.
In direct placements, parents execute consent in the presence of 2 witnesses, acknowledged by a notary public.


Revocation of Consent

Statute:
§ 63.082
Consent to the adoption of a minor who is to be placed with identified prospective parents under § 63.052 may be withdrawn only when the court finds that the consent was obtained by fraud or duress.
Consent to the adoption of a minor older than 6 months of age may be revoked within 3 days or anytime prior to the placement, whichever is later, unless the consent was obtained by fraud or duress.