Whether you're placing a child for adoption, growing your family through adoption, or exploring your rights as an adoptee, Florida law outlines specific processes and protections for everyone involved.

When you understand your legal rights and options, you can move forward with confidence. This guide will walk you through the most important parts of Florida adoption law, including how adoptions work in this state and how our agency can support you each step of the way.

Contact us now to speak with a specialist about your Florida adoption.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. In Florida, you have the legal right to choose adoption for your child. As long as the court finds the adoption to be in the best interest of the child, your decision will be honored and legally finalized. Adoption agencies help coordinate the court approval process to ensure your rights are protected.

Relevant Laws: §63.022(1), §63.032(3), §63.082

When can I give my baby up for adoption?

You can start making an adoption plan at any time, but consent to adoption in Florida cannot be finalized until 48 hours after birth or once you’re medically discharged.

Your parental rights end when the adoption is finalized by the Florida court system.

Georgia Laws: §63.082(4)(a)

Can I get my baby back after adoption?

Once your consent is signed and approved by the court, it is considered irrevocable unless there is evidence of fraud or duress. Florida adoption law strongly supports the finality of adoption for the well-being of all parties.

Relevant Laws: §63.082(4)(b), §63.089

Can you do adoption without the father's consent?

In some cases, yes. Florida allows for adoption without paternal consent if the father has not legally established paternity or shown involvement. Unmarried biological fathers must register with the Florida Putative Father Registry to assert their rights.

Relevant Laws: §63.062, §63.054, §63.089

Do both birth parents have to sign adoption papers in Florida?

Generally, yes—but exceptions exist. If one parent’s rights have already been terminated or they cannot be located, adoption may proceed with only one signature. This is reviewed by the court on a case-by-case basis.

Relevant Laws: §63.062(1), §63.064

Can I get paid for adoption?

You cannot be paid to "give up" your baby, but Florida law allows for reasonable living expenses to be covered, including rent, utilities, maternity clothing, and medical care.

All payments are subject to court approval and your adoption specialist will help distribute these approved payments.

Relevant Laws: §63.097, §63.132

Can you choose who adopts your baby?

Absolutely. Florida adoption law empowers you to select the adoptive family, and licensed agencies will guide you through the matching process. This allows you to choose the home and environment you envision for your child.

A national adoption agency will connect birth mothers with hopeful adoptive families. These adoptive families are pre-screened and must meet certain requirements before being able to pursue adoption.

Relevant Laws: §63.032(3), §63.085

Can people from a different state adopt my baby?

Yes. Interstate adoptions are legal through the ICPC (Interstate Compact on the Placement of Children), which ensures legal compliance between states.

This process involves both the sending state (where the child lives) and the receiving state (where the adoptive family resides), and requires specific documentation and approval from each state's ICPC office before the child can be moved. 

Relevant Laws: §63.192

Can I give my baby up for adoption without any agency?

Yes, but private adoptions can be complex. Independent adoption is legal in Florida, but still requires an attorney or agency to facilitate legal steps, including home studies and court filings.

Relevant Laws: §63.207, §63.039

Can my spouse adopt my child?

Yes. Stepparent adoption is a common legal process in Florida and typically involves fewer steps than other forms of adoption. Consent from the child’s other biological parent may be required, unless their rights have already been terminated.

Relevant Laws: §63.032(15), §63.062(2)

Can my family adopt my baby?

Yes. Relative adoptions are permitted in Florida and may even follow an expedited process depending on the family relationship. You will still need to legally terminate your parental rights in order for the adoption to be finalized, and your family member to become the baby’s legal guardian.

Relevant Laws: §63.0425

Can you anonymously put a baby up for adoption?

Yes. Through a licensed agency, your identity can be kept confidential, and Florida’s Safe Haven Law allows anonymous surrender at hospitals, fire stations, and EMS providers if the child is seven days old or younger.

An open adoption means you can stay involved in your child’s life through updates from the family, and more. In an open adoption, your personal information is shared and contact preferences are honored.

Relevant Laws: §383.50

Can I have contact with my child after the adoption?

Yes. Open adoption is allowed in Florida, and you may choose to have ongoing contact through a Post-Adoption Contact Agreement (PACA). While these are not always legally enforceable, most families honor them in good faith.

Relevant Laws: §63.0427

How does tribal adoption work for Native American children?

If your child is eligible for tribal membership, ICWA (Indian Child Welfare Act) applies. This law ensures notice to the tribe and prioritizes placement within Native communities.

Relevant law: Indian Child Welfare Act (ICWA)

Can I drop my baby off at a fire station?

Yes. Under Florida’s Safe Haven Law, you may leave a baby (up to seven days old) with an on-duty employee at a Safe Haven location without facing prosecution. Your baby will likely be placed into foster care and you will not have any control over who adopts your baby, you will not have any parent rights, nor will  you be able to get your baby back.

Relevant Laws: §383.50

What rights do biological parents have after adoption?

Once an adoption is finalized, biological parents no longer have legal rights or responsibilities. The adoptive parents become the legal guardians of your baby.

However, open adoption can allow for ongoing connection and updates as your baby grows, if both parties agree.

Relevant Laws: §63.172(1)

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Florida?

No. Single adults, married couples, and same-sex couples are all eligible to adopt in Florida. Unmarried couples cannot adopt jointly, only one person can be the legal parent in a single adoption.

Relevant Laws: §63.042(2)

How old do you have to be to adopt a baby?

Florida does not set a statutory minimum age, but agencies generally require prospective adoptive parents to be at least 21 years old.

Do you need a home study for a private adoption in Florida?

Yes. A home study is required for all adoptions unless waived by the court in specific relative or stepparent cases.

The home study includes:

• Interviews with all household members
• Safety checks of your home
• Personal references
• Background checks

Once your home study is approved, your adoption agency will confirm everything is completed within Florida legal requirements and you will be allowed to proceed with your adoption planning.

Relevant Laws: §63.092, §63.082(6)(a)

Do you need a home study for an independent adoption?

Yes. Even in independent adoptions, a licensed professional must complete a home study.

Relevant Laws: §63.092(3)

Can you adopt without an agency?

Yes, but you’ll still need to meet legal requirements such as the home study, background checks, and court approval. Private adoption without an agency is legal in Florida but more complex.

Relevant Laws: §63.207

What are the steps to adopt?

Here’s how to adopt a baby in Florida:

• Complete a home study
• Submit and pass background checks
• Match with a birth mother (agency or independently)
• Receive placement
• Attend final court hearing to legalize the adoption

Relevant Laws: §63.092, §63.122, §63.132

Can you adopt a child from another state?

Yes. Interstate adoptions require compliance with ICPC. A Florida-licensed agency or attorney can help coordinate this process.

Relevant Laws: §63.192

Can we advertise for a birth mother?

No. Only licensed adoption entities may advertise in Florida. Individuals seeking to adopt must work with a licensed professional to remain compliant with the law.

Relevant Laws: §63.212(1)(g)

Can a birth father stop an adoption?

Potentially. Birth fathers may contest an adoption if they’ve legally asserted their rights and demonstrated commitment to parenting.

Relevant Laws: §63.062, §63.089

What if the birth parents don't sign adoption papers?

In cases of neglect or abandonment, a court can terminate parental rights involuntarily, allowing the adoption to proceed. An adoption cannot move forward until both birth parents' rights are terminated — either voluntarily (by signing consent in court) or involuntarily (through a legal process).

Relevant Laws: §63.089(3)

When is an adoption finalized in Florida?

Adoption is finalized after a post-placement period and a court hearing, where a judge issues the final order of adoption.

The finalization process typically takes 30 to 90 days after placement, though it can take longer, with a finalization hearing generally scheduled within six months of the child's placement. 

This timeframe allows for the court to review the adoption petition, supporting documents, and ensure the adoption is in the child's best interest.

Relevant Laws: §63.122

Can birth mothers change their minds?

Only before consent is signed. After that, consent is binding unless a legal challenge is filed for fraud or coercion. If she wants to revoke her consent after the court has accepted it, she would have to prove that it was not informed or was coerced.

Relevant Laws: §63.082(4)(b)

Are adoptive parents on the birth certificate in Florida?

Yes. After finalization, a new birth certificate is issued listing the adoptive parents’ names. The original birth certificate (which names the birth parents) is sealed and becomes confidential.

Relevant Laws: §63.152

What rights do adoptive parents have after adoption?

Adoptive parents gain full legal rights, just like biological parents—including decision-making authority, inheritance rights, and lifelong legal recognition.

Relevant Laws: §63.172

Are open adoptions legally binding in Florida?

While the adoption itself is legally binding, open adoption agreements are not legally enforceable unless included in the final adoption order. They function as mutual agreements.

While the post-adoption contact agreement (PACA) may not be legally enforceable, adoption agencies like American Adoptions require that all adoptive families be open to some degree of contact with the birth mother due to the numerous benefits of open adoption.

Relevant Laws: §63.0427

Does ICWA apply to private adoptions in Florida?

Yes. ICWA applies if the child is of Native American descent, regardless of the type of adoption.

·         The tribe must be notified and may intervene

·         The child must be placed with family or Native adoptive families if possible

·         You can still adopt if the tribe supports your placement

Work with an experienced agency to ensure compliance.

Relevant law: Indian Child Welfare Act (ICWA)

What support is available after adoption?

Adoptive families may access:

• Post-placement counseling
• Access to medical background info
• Adoption subsidies for qualifying children

Relevant note: Not defined in Chapter 63; support is typically agency-provided or coordinated through state services

For Adoptees

If your adoption was done through our agency, we can offer emotional support, help with reunion efforts, and assist with finding adoption records.

• Request medical history
• Explore reunion with birth family
• Access post-adoption counseling

If your adoption was done through a different professional, or you are unsure which agency completed your adoption, you can learn more about how to explore adoptee rights, resources,  and relationship with your birth family by following this link.

What’s Next?

No matter if you are placing a child for adoption or hoping to grow your family, understanding how private adoption works in Florida helps you take your next steps with confidence—whether that means starting the process or asking for guidance.

If you're ready to move forward, or you have questions about Florida adoption law, reach out to an adoption specialist now. We’re here to help.

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.