Florida adoption laws require specific steps and timeframes that vary by adoption type. The adoption process timeline typically spans 6-18 months depending on your chosen path.
We at Juliana Gaita, P.A. guide families through each milestone from initial paperwork to final decree. Understanding these key phases helps you prepare for the journey ahead.
What Should You Know Before Starting
Florida law sets clear age requirements for prospective adoptive parents. Unmarried adults must reach 18 years old to adopt, while foster care adoptions require a minimum age of 21. The state allows joint adoption by married couples, unmarried adults, and married individuals with proper spousal consent. Same-sex couples gained full adoption rights in 2010 when Florida courts overturned the previous ban. No maximum age limit exists, but applicants must demonstrate physical and mental fitness to care for a child.
Agency vs Private vs Stepparent Adoption
Agency adoptions through the Department of Children and Families typically cost $0-$2,500 and take 6-18 months to complete. Private domestic infant adoptions range from $20,000-$50,000 and span 6-24 months based on your flexibility with birth mother preferences. Stepparent adoptions cost $1,500-$3,000 and move fastest at 3-6 months since they bypass home study requirements. International adoptions demand $25,000-$60,000 and stretch 18-48 months due to foreign country requirements.
Financial Documentation Requirements
Florida courts require proof of adequate income but set no specific minimum threshold. You must document your financial stability with tax returns, bank statements, and employment verification. The 2024 federal poverty line stands at $31,200 for a family of four, though agencies consider total household resources and expenses when they evaluate your application.
Cost Breakdown and Budget Planning
Home study fees range $1,500-$3,000, while court costs add $300-$500 to your total expenses. Attorney fees typically span $2,000-$5,000 depending on case complexity. Private adoptions include additional birth mother expenses such as medical costs, living expenses, and counseling fees that can reach $15,000-$20,000. These financial requirements form the foundation for the legal documentation phase that follows.
What Legal Steps Must You Complete
You must file your adoption petition to start Florida’s formal legal process. Submit your petition to the circuit court in the county where you reside or where the child lives. The petition requires detailed information about your identity, the child’s background, and your reasons for adoption. Florida Statutes Chapter 63 mandates that only licensed adoption entities can facilitate adoptions, which means you need either the Department of Children and Families or a licensed attorney to handle your case. Court fees range $300-$500, and you must include certified copies of birth certificates, marriage certificates, and proof of residency with your initial paperwork.
Home Study Investigation Process
Florida law requires a comprehensive home study for all adoptions except stepparent cases. The process takes 2-4 months and costs $1,500-$3,000 (depending on your chosen agency). Licensed social workers conduct multiple home visits, interview all household members aged 12 and older, and complete extensive background checks that include FBI prints and state criminal history searches. You must provide three years of tax returns, employment verification, medical clearances from your physician, and personal references from non-relatives. The home study evaluates your physical space, financial stability, relationship dynamics, and parental readiness through structured interviews and written assessments.
Termination of Parental Rights Requirements
Biological parents cannot consent to adoption until 48 hours after birth or hospital discharge (whichever comes later). Birth mothers have up to 30 days to revoke their consent in certain circumstances, which can delay your timeline significantly. Unmarried biological fathers must register with Florida’s Putative Father Registry to maintain their parental rights, or they risk automatic loss. When parents contest the termination, court battles can extend your process by 6-12 months or longer. The court must wait 30 days after termination of parental rights before it schedules your finalization hearing.
This mandatory waiting period leads directly into the supervised placement phase, where your new family begins to form under court oversight.
What Happens After Placement
Supervised Placement Period Requirements
Your supervised placement period starts immediately after the child moves into your home and lasts six months minimum. Florida mandates monthly visits from a licensed social worker who assesses your family’s adjustment, the child’s wellbeing, and your parental capabilities during this phase. These visits cost $150-$300 each and courts cannot waive them regardless of your adoption type. The social worker creates detailed reports that document your progress, and the court reviews these reports before it schedules your finalization hearing.
Foster care adoptions demand the longest supervision periods, often extending 12-18 months when children have special needs or behavioral challenges.
Court Review and Final Hearings
Florida courts schedule your finalization hearing only after they receive positive post-placement reports and confirm all legal requirements are met. The hearing typically lasts 15-30 minutes and many counties allow you to appear via telephone or video conference to reduce scheduling conflicts. You must bring the child to court unless they’re under age 2 or the judge grants an exception. Children aged 12 and older must consent to the adoption in person before the judge (though courts can waive this requirement in specific circumstances). The judge reviews all documentation, confirms your identity, and asks standard questions about your commitment to the child before signing the final decree.
New Legal Identity and Documentation
Your final adoption decree creates a permanent legal relationship that severs all ties with biological parents. The court issues this decree within 30 days of your hearing, and you receive certified copies for $10 each. Florida’s Office of Vital Statistics then creates a new birth certificate that lists you as the parents, which takes 4-6 weeks to process and costs $25 per copy. The child gains full inheritance rights equal to biological children, and their name changes to match your family preferences unless you specify otherwise. International adoptees automatically become U.S. citizens when the decree is signed, which completes their legal transformation into American citizens.
Final Thoughts
The adoption process timeline varies significantly based on your chosen path. Stepparent adoptions move fastest at 3-6 months, while agency adoptions through foster care take 6-18 months. Private domestic adoptions span 6-24 months depending on your flexibility with birth mother preferences, and international adoptions require the longest commitment at 18-48 months due to foreign country requirements.
Legal guidance proves vital throughout every phase of Florida’s adoption process. From initial petition filing to termination of parental rights and post-placement supervision, each step involves complex legal requirements that can delay or derail your case without proper representation. Courts demand precise documentation and strict adherence to statutory timelines (which vary by adoption type).
We at Juliana Gaita, P.A. help families navigate these challenges from start to finish. Our team understands Florida adoption law and guides clients through each milestone to avoid common pitfalls that extend timelines unnecessarily. Contact our adoption attorneys to discuss your specific situation and create a timeline that fits your family’s needs.
