Adoptions in the Orlando, Florida Area
- September 6, 2023
- ontarget
- Adoption
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There are many different types of adoptions in the Orlando, Florida area. Besides new birth adoptions, there are Stepparent Adoptions, DCF Adoptions which are Department and Children Family Services Adoptions, Relative Adoptions, and Adult Adoptions.
Adult Adoption
An Adult may be adopted by another adult. If the adult to be adopted is married, their spouse must consent to the adoption. The parents of the adult to be adopted do not need to consent to adoption. However, if the birth parents or legal parents are alive and have not had their parental rights terminated, you must attach proof that you served them with notice of petition. However, they cannot stop or prevent adoption from occurring.
DCF Adoption
For a DCF adoption, the Department of Children and Families Services will have already terminated the parents’ rights. At that point, the adoptive parents can choose an attorney from a DCF list to handle the adoption. DCF will pay the cost of the attorney to handle the adoption.
Stepparent or Relative Adoption
For a stepparent adoption or relative adoption, the child is currently living with the stepparent and parent who joins in on the adoption or the child is living with a relative as a family. They petition the court to adopt the child. The parents must be served by a process server with the Petition for Adoption, or they must sign a waiver and consent to the adoption.
The parents must file a financial affidavit to show the court they can support the child being adopted until that child reaches the age of eighteen years. There must also be a search of the putative father registry which must be filed with the court. An Indian Welfare Affidavit must also be filed along with a petition for adoption, notice of social security number, and a UCCJEA.
If the parents challenge the adoption, there is a trial. If they sign a consent and waiver, you may proceed to a final hearing on adoption. If the parents are served with process, but do not answer the petition, you can request a hearing and present a prima facie case as to why the child should be adopted. You must prove by clear and convincing evidence that there is no meaningful relationship/contact between the parents and child; and that the parents have not supported the child.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.