Placing a Child for Adoption? You Have Rights!
If you are considering placing your baby or child for adoption and you live in Florida, you have rights and you should know what those rights are. Not all agencies and adoption attorneys are looking out for your best interest. (If you live in another state, contact an adoption attorney licensed in your state and find out what your specific rights are there.)
You Have Rights: Before You Place Your Child…
- You have the right to be treated honorably and with dignity and respect and never to be pressured or coerced.
- You have the right regardless of race, religion, ethnicity or medical or mental disabilities to receive the same adoption services as anyone else.
- You have the right to total confidentiality unless you have given written permission or there is a court order. Your life and decisions are solely your business and you have a right to keep them private.
- You have the right to change your mind at any point in the process and to decide to parent your child.
- You have the right to receive counseling both before and after your placement.
- You have the right to choose the adoptive family that adopts your child and you have the right to meet them if you so choose.
- You have the right to request pertinent information about prospective adoptive families such as their race, religion, cultural and/or ethnic background, age, family composition, level of education, interests/hobbies, and anything else that may influence your decision in choosing a family.
- You have the right to choose the level of openness you want with an adoptive family with the understanding that this agreement may or may not be legally binding.
You Have Rights: At the Hospital or Birthing Center and Beyond…
- You have the right to work with whatever agency or adoption attorney you want.
- You have the right to have family members, friends, or advocates present at any meeting and/or document signings for support.
- You have the right to make your own hospital and delivery plan.
- You have the right to interact with your baby like any mom including feeding, naming, holding the baby, etc…
- You have the right to be independently represented by your own attorney.
- You have the right to sign your consent to the adoption at the time of your choosing (as long as it is legally permissible) and the place of your choosing.
- You have the right to have at least one person of your own choosing as a witness to your consent signing.
- You have the right to understand every line of every document you sign and you have the right to have an interpreter present if needed.
- If you don’t know or understand the documents, you have the right not to sign them.
- You have the right to obtain and be given copies of any and all documents that you sign.
- You have the right to report to authorities any unethical or unlawful behavior by anyone involved in your adoption journey.
You Have Rights: Financial Assistance…
- You have the right to change your mind and parent even if you have received financial assistance. You are not selling a baby and you have the right to change your mind.
Knowing your rights as an expectant mom who is considering adoption will help you find an ethical and honorable adoption professional who will make sure your rights are protected.
Tammi Driver is an adoption attorney that will make sure you are fully protected and that your wishes as an expectant mom considering adoption are respected. Call us today at 727-800-6681 to talk to Tammi directly. YOU HAVE RIGHTS and it is important you know and understand them.
Frequently Asked Questions About Birth Parent Rights When Placing a Child for Adoption in Florida
What rights do I have if I am considering placing my baby for adoption in Florida?
You have important rights throughout the adoption process. You can learn about your options, participate in creating an adoption plan, consider prospective adoptive families, ask questions, seek legal guidance, and make decisions about adoption consent in accordance with Florida law. Considering adoption does not by itself terminate your parental rights.
Do I have the right to choose who adopts my baby?
In a private adoption, you can generally participate in selecting the prospective adoptive family. You may review family profiles, ask questions, communicate with prospective parents, and consider the characteristics that are important to you before choosing a family.
Do I have to choose the first adoptive family presented to me?
No. You should not feel obligated to select a prospective adoptive family simply because they have been presented to you. If a family does not feel right, discuss your concerns and preferences with your adoption professional.
Can I meet the prospective adoptive parents before choosing them?
Yes. Depending on your preferences and circumstances, you may be able to speak with prospective adoptive parents by phone or video or meet them in person. This gives you an opportunity to ask questions and learn more about the people you are considering to parent your child.
Can I decide what happens at the hospital when my baby is born?
You can discuss your hospital and delivery preferences as part of your adoption plan. This may include who you want present, whether you want time alone with your baby, whether you want the prospective adoptive parents involved, and other preferences surrounding your hospital experience. Medical circumstances and hospital policies can also affect what is possible.
Do I have the right to spend time with my baby at the hospital?
Making an adoption plan does not mean you have to avoid seeing or spending time with your baby. You can discuss your wishes for holding, feeding, photographing, or spending private time with your baby as part of your hospital plan.
Can I choose an open adoption?
Yes. If ongoing contact is important to you, you can look for prospective adoptive parents who are comfortable with an open adoption. You can discuss expectations regarding photographs, updates, phone or video calls, social media communication, and in-person visits before placement.
Do I still have parental rights while I am pregnant?
Yes. Creating an adoption plan while you are pregnant does not terminate your parental rights. The legal steps involving consent and termination of parental rights occur according to Florida adoption law and are separate from simply considering or planning an adoption.
Does signing up with an adoption attorney or adoption professional mean I have to complete the adoption?
No. Contacting an adoption professional, reviewing families, or creating an adoption plan does not by itself require you to ultimately consent to an adoption. Adoption consent is a separate legal step with specific requirements.
Does accepting pregnancy-related financial assistance mean I have to place my baby for adoption?
No. Receiving legally permissible pregnancy-related or living assistance does not automatically terminate your rights or make adoption consent mandatory. Financial assistance should not be used to force or purchase a decision to place a child for adoption.
Can someone pressure me into signing adoption papers?
Adoption consent is a serious legal decision. You should have an opportunity to understand the documents you are signing and the consequences of your decision. If you feel pressured, threatened, confused, or uncertain about your rights, tell your attorney or another appropriate legal professional before signing documents.
When can I consent to an adoption in Florida?
Florida law establishes specific requirements concerning when and how adoption consent can be executed, and those requirements can vary depending on the circumstances. Your adoption attorney should explain the applicable timing and consent requirements before you sign any documents.
Can I change my mind about adoption before I sign consent?
Considering adoption, creating an adoption plan, or choosing prospective adoptive parents does not by itself finalize an adoption. If you have concerns or are reconsidering your plan before signing consent, tell your adoption professional or attorney as soon as possible so you understand your legal options.
Can I change my mind after signing adoption consent in Florida?
The ability to revoke an adoption consent after it has been signed is limited and depends on Florida law and the circumstances under which the consent was executed. Because signing consent can have significant and permanent legal consequences, you should understand your rights before signing.
Do I have the right to an adoption attorney?
You can seek legal advice about your rights and the adoption process. Legal guidance can help you understand consent, birth father issues, allowable financial assistance, post-adoption contact, and the consequences of the documents involved in the adoption.
What happens to the baby’s father’s rights?
The biological father’s rights must be legally addressed as part of the adoption process. Whether his consent is required and what legal procedures apply depend on the circumstances, including his relationship with the mother and child and actions he has taken to establish or protect his parental rights under Florida law.
Can I make an adoption plan if the baby’s father disagrees?
Potentially. A father’s objection does not necessarily mean that an adoption is impossible, but his legal rights must be evaluated and properly addressed. These situations can become legally complicated, so it is particularly important to speak with a Florida adoption attorney.
When do my parental rights end in a Florida adoption?
Your parental rights do not end merely because you contact an adoption professional, select an adoptive family, or create an adoption plan. Termination of parental rights is part of the legal adoption process and occurs only after the applicable requirements under Florida law have been satisfied.
Who can I talk to if I am unsure whether adoption is right for me?
You can ask questions and obtain information before making a final decision. An adoption professional can explain the adoption process and available resources, while a Florida adoption attorney can explain your legal rights and the consequences of consent. You should have the information you need to make an informed decision about your pregnancy and your child.