When faced with an unplanned pregnancy, women often turn to friends and family first for support. Sometimes, a relative will express interest in adopting the child. We call this type of adoption kinship, relative or family adoption. In Florida, a family member can adopt your baby. Under the right circumstances, this is a great option. We take a closer look at relative adoption in this article to help you determine if it is ideal for you.
Advantages of Family Adoption
Post-Adoption Contact
You will likely interact with your child more after a relative adoption. Traditional adoptions do include post-placement contact in an open adoption situation. However, if a family member adopts your baby, you will probably see the child more frequently. Of course, this depends on your relationship with the relative and how often you currently interact with them.
Trust
Because you know the person adopting your baby, there is an established sense of trust. You may already know their parenting style and can feel more confident that your child will have the type of life you want for him or her. You are aware of their history, values and lifestyle, which can reinforce your decision to place your child with them.
Genetic Familiarity
When a biological relative adopts a child, they have more understanding of the genetic predispositions of the child. They may be able to identify and address issues more easily because they are familiar with the child’s biological history. This could be something as simple as inherited behavioral quirks. For instance, the baby may scream every time he is in the car. The parents remember that Uncle Joe had the same issue, and it was later discovered that he gets carsick. The parents ask their doctor to prescribe medicine for carsickness, and the crisis is averted.
Family Support
Your family members may disagree with your decision to place your child for adoption. It may cause conflict and stress for everyone involved. Families are often more likely to accept and support a relative adoption. While you should never allow anyone to make adoption decisions for you, it can be comforting to know your family supports your choice.
Challenges of Relative Adoption
Role Confusion
There can be some uncertainty about family roles and relationships. If your parents adopt your baby, for example, you are legally the child’s sibling. If you have children later in life, they are the biological siblings of the adopted child, but legally they are nieces and nephews. Family roles must be clearly defined so as not to create confusion for everyone.
Disagreements
Adoption is not co-parenting, so you must respect your relatives’ parenting decisions. This can be challenging if you have frequent contact with them. When you place your child for adoption, you relinquish your parental rights. You may find yourself struggling with the choices the adoptive parents make for the child.
Lack of Closure
Grief and loss are very real feelings all birth mothers experience. When a family member adopts your child, you may be frequently reminded of your adoption choice, triggering those feelings of loss. Consider how you will feel seeing your child at family gatherings or perhaps even daily if the child is adopted by a close relative. It may be hard for you to get closure when you have consistent contact with the child.
Experienced Family Adoption Attorney
Kinship adoption is not right for everyone, but if you feel it is the best option for you; we can help. Tammi Driver is a licensed Florida adoption attorney experienced in family adoptions. Call today to schedule a consultation. 727-800-6681
Frequently Asked Questions About Family Member Adoption in Florida
Can a family member adopt my baby in Florida?
Yes. A relative may be able to adopt your baby in Florida as long as the legal requirements for the adoption are satisfied. A family adoption still requires a formal legal process to establish the adoptive parent or parents as the child’s legal parents.
Can I choose a specific relative to adopt my baby?
Yes. If you are considering a private adoption, you may be able to choose a particular family member whom you believe is the right person to raise your child. An adoption attorney can explain the legal steps required to complete the adoption.
Can my parents adopt my baby in Florida?
Potentially, yes. A child’s grandparents may adopt their grandchild if the circumstances and legal requirements allow it. The adoption must still be completed through the appropriate Florida legal process.
Can my sister or brother adopt my baby?
Yes, a sibling may potentially adopt your child. This can allow the child to remain within the extended family while establishing the relative as the child’s legal parent through adoption.
Is relative adoption different from giving a family member custody or guardianship?
Yes. Adoption, custody, and guardianship have different legal consequences. Adoption generally creates a permanent legal parent-child relationship and terminates the parental rights of the child’s existing legal parents. Custody or guardianship may allow another person to care for a child without creating the same permanent legal relationship.
Does a family member need a home study to adopt my baby in Florida?
Florida’s requirements can differ depending on the type of adoption and the relationship between the child and prospective adoptive parent. Certain relative adoptions may be treated differently from non-relative private adoptions. A Florida adoption attorney can determine which requirements apply to your family’s situation.
Does the baby’s father have to consent to a relative adoption?
The biological father’s rights must be legally addressed just as they would be in another adoption. Whether his consent is required depends on the circumstances and his legal rights under Florida law. Choosing a family member as the adoptive parent does not eliminate the need to properly address the father’s parental rights.
Can I have contact with my child after a relative adopts them?
Because the adoptive parent is a family member, continued contact may be possible, but expectations should be discussed carefully before the adoption. Adoption changes the legal parent-child relationship even when the child remains within the extended family.
Do I still have parental rights after a family member adopts my child?
Generally, no. Once your parental rights have been legally terminated and the adoption is finalized, the adoptive parent becomes the child’s legal parent. The fact that the adoptive parent is your relative does not mean that you retain your previous parental rights.
Can I change my mind after asking a family member to adopt my baby?
Discussing adoption or choosing a relative does not by itself terminate your parental rights. However, Florida law has specific rules regarding adoption consent and when consent may be revoked. It is important to understand those consequences before signing adoption documents.
What if my family member lives outside Florida?
An out-of-state relative may potentially adopt a child from Florida, but additional legal requirements can apply when a child is placed across state lines. An adoption attorney can determine what interstate procedures are required for the adoption.
Do we need an adoption attorney if the adoption stays within the family?
A relative adoption is still a legal adoption. An attorney can help ensure that consent, termination of parental rights, court filings, and other applicable Florida requirements are handled correctly. This can be especially important when biological father rights, interstate placement, or other complications are involved.