Florida Relinquishment, Consent, Revocation laws

Who Must Consent:

• The mother.
  
• The father if child was conceived or born while married to the mother or has otherwise established paternity. Effective July 30, 2003: Biological fathers have 30 days from the birth of the child to file.
  
• If parental rights have been terminated, a licensed child-placing agency or the department.
  
  
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Consent of Adoptee:

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:

• The parent abandons the child.
  
• Parental rights have been terminated.
  
• The parent is mentally incompetent.
  
• A guardian or custodian is found to be withholding consent unreasonably.
  
  

When Relinquishment Can Be Signed:

• Written consent must be executed 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, etc.).
  

How Relinquishment Must Be Signed:

• 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.
  
  

Time for Revocation:

• Consent to the adoption of a minor who is to be placed with identified prospective parents may be withdrawn only when the court finds that the consent was obtained by fraud or duress.
  
• Consent to the adoption of a minor not placed pursuant to the above may be revoked within three days or anytime prior to the placement, whichever is later, unless the consent was obtained by fraud or duress.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.