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Commonly Asked
Adoption Questions In Florida
How long will it take
to get a baby?
There is a wide
variety of waiting periods dependent upon a host of
controllable and non-controllable factors.
Generally, the average waiting period to be matched
with a birth mother expecting a Caucasian child is 9
– 18 months, and a bi-racial child is 6 – 18
months. Waits can be dramatically shorter or longer
depending on individual situations and client’s
specified parameters for adoption such as gender
preference, age of adoptive parent, number of
children in family, financial limitations, and state
of residence of adoptive parents.
What is a home
study?
An independent
investigation to verify your suitability as adoptive
parents. A home study includes criminal and child
abuse clearances, is valid for one year, and can be
updated. If you need assistance in obtaining a home
study, please advise our office.
How am I matched with
a birth mother?
The birth mother
usually makes a “prospective family list” that
identifies the qualities important to her in an
adoptive family. She is then presented with
families who have applied to our office and
completed personal profiles that meet her requests.
When all else is equal, preference is given to
families who have waited a longer period of time.
What information will
I have on the birth parents?
A lengthy family,
social and medical history compiled by the birth
mother, and sometimes the birth father. Following
your match, we will also obtain medical records from
the OB/GYN and from the hospital as soon as
practical given the doctor or hospital’s
cooperation. If requested, we can obtain criminal
records or other third party documents. We cannot
guarantee the health or medical history of the baby,
but will keep you advised of the birth mother’s
medical condition as it is reported to our office.
What information will
the birth parents have about me?
A general family
profile including photos and a letter explaining
your lives. The profile does not include any
identifying information. The birth parents may also
request to see a photo or ask additional questions
which will be answered with your approval. It is
not uncommon, for example, for a birth mother to
want to know the first name you select for the baby.
What tests will be
run on the birth mother?
In each case we
request HIV testing and drug screening, in addition
to all standard OB/GYN tests. You may request
additional testing non-invasive testing, excluding
amniocentesis, which the doctors will only perform
for a medial reason. Sonograms are routinely
conducted and generally assist in determination of
the gender of the child.
What type of contact
will we have with the birth parents?
Birth parents
commonly request contact with the prospective
adoptive parents on the telephone, through an
exchange of letters and/or to meet at lunch or the
time of placement. This contact is done on a
“first-name” basis. Almost always, this contact is
limited to pre-birth and the hospital period,
although some birth mothers request a baby
dedication or one-time meeting shortly after birth.
Occasionally a birth parent may request an “open
adoption” which would allow her future contact with
the child.
What should we say or
not say in communicating with the birth parents?
You should focus on
being yourselves, letting the birth parents get to
know you and establishing a comfort level for
everyone. We want the birth parents to have concern
and empathy for your situation, and for you to
understand theirs. You should not be
interrogative, ask for personal or confidential
information which you personally would be
uncomfortable providing, or question medical
history. If you have a question in this regard,
please consult with our office.
Will
the birth mother receive counseling?
We strongly advocate
counseling for the birth mother, and insist on it to
the extent possible. Some birth mothers are not
willing to attend counseling and, of course, cannot
be forced to do so.
How and when will we
know the baby is born?
We answer our
telephones 24-hours per day for all emergency
situations. We suggest that you obtain a cellular
telephone after being matched with the birth mother
so we can get a hold of you at any time, especially
if the birth mother requests that you be present for
delivery.
When will the consent
for adoption be signed?
Pursuant to Florida
law, the consent will be signed by the biological
other no sooner than 48 hours after delivery unless
the birth mother is being discharged earlier by her
doctor. With a c-section, the wait may be slightly
longer as we must ensure that the birth mother is
free of narcotic medication. A biological father or
legal father may sign his consent to adoption at any
time following birth.
Can a birth parent
change his/her mind once the consent for adoption is
signed?
In an adoption
concerning a child under the age of six months, the
consent for adoption is permanent and irrevocable
from the moment it is signed, and can only be
overturned based upon fraud or duress.
In cases involving a
child 6 months of age or older, the birth parent has
3 business days to revoke a consent for any reason.
Once this period passes, if the child has been
placed with the adoptive parents, the consent can
only be overturned based on fraud or duress. If
placement of the child with the adoptive family has
not occurred, the birth parent may revoke a consent
even if it is outside the 3-day revocation period.
What rights do birth
fathers have?
A married woman’s
husband and a legal father must consent to an
adoption plan. An unmarried biological father’s
rights are contingent upon the actions that he has
taken to provide for the pregnant mother and her
child. Florida maintains a confidential paternity
registry and registration is a condition precedent
to the requirement that an unmarried biological
father consent to an adoption plan.
Can birth mothers
receive living expenses?
Yes. Florida law
permits adoptive parents to pay the actual and
reasonable living expenses during the pregnancy and
up to a maximum of six weeks following delivery if
the birth mother is unemployed, underemployed or
suffering from a medically diagnosed disability.
Will I receive a
refund of living expenses if the birth mother does
not place?
Upon our initial
interview process we request the birth mother sign a
financial agreement, which obligates her to repay
such monies if she disrupts the placement. In
reality, very few have the resources to make
repayment. The financial agreement may allow you
to write off such losses as a bad debt.
How does a disrupted
placement affect my position on the waiting list?
Families that have a
disrupted placement immediately go to the top of the
waiting list.
Will my insurance
cover the baby?
Most insurance
companies in Florida are mandated by law to provide
coverage for an adopted child. Coverage can exist
from the moment of birth if the adoptive family
agreed to the placement prior to the child’s birth.
We suggest that you contact your insurance company
as soon as you have a match so that you can ensure
your coverage is in place for the child’s birth.
What is post
placement supervision?
Florida law requires
the individual that performed your home study
continue to supervise the placement of the child in
your home for 90 days and write a final report for
the Court. Please be sure to notify them when you
receive a placement.
When will my adoption
be finalized?
Florida law permits
finalization once the 90 days post-placement
supervision period has expired and 30 days have
elapsed after entry of the Final Judgment
Terminating Parental Rights. Finalization generally
occurs 120 days after placement but can be delayed
by a birth parent’s failure to cooperate or the
court’s crowded docket. We will notify you when
your final hearing is set.
When can I obtain a
birth certificate?
We apply for the
birth certificate after finalization of the
adoption, and it usually takes 4 – 6 weeks to
obtain. Consequently, you should expect the birth
certificate five months after placement.
When can I obtain a
social security card?
Not until the
adoption is finalized and you receive the birth
certificate. You can then apply for one at your
local office.
Is there a tax credit
for adoption?
Yes, beginning in
2002 the tax credit is $10,000. The tax credit is
gradually phased out for higher income levels.
Please consult with your tax advisor or the IRS to
determine your eligibility.
When and how can I
take the dependency deduction?
Check
with your tax advisor, but generally in the year you
accept placement of the child. If you do not yet
have a social security number, an Adoption Taxpayer
Identification Number can be issued in the
interim. You must complete IRS Form W-7A, which
can be downloaded at
http://www.irs.ustreas.government
or you can call the IRS at 1-800-829-3676.
Is
the earned income credit and child tax credit
available for adoption children?
Yes, if you
otherwise qualify under the IRS rules and
regulations. These are two separate tax benefits.
How much does
adoption cost?
The costs of adoption
are wide-ranging, primarily depending on the birth
mother’s living and medical expense needs. For a
Caucasian placement, the cost ranges from $23,000 to
$30,000, but could be as high as $37,000. African
American and bi-racial placements are usually less
and handled on a case-by-case basis. Please advise
us of your adoption budget in order that we can
attempt to stay within your parameters.
What is the Indian
Child Welfare Act?
The ICWA is a federal
law that was enacted in 1978 to protect American
Indian children who are members of or are eligible
for membership in an Indian tribe from being placed
for adoption with non-Indian families. The ICWA
allows for a tribe to intervene in a termination of
parental rights proceeding and, in some cases,
allows for jurisdiction to be transferred to the
tribe.
In order to determine
that a child placed for adoption does not fall
within the ICWA, we request information from the
birth parents as to whether they, or their
relatives, are eligible for tribal membership. In
order to comply with the ICWA, we write to any tribe
that the birth parents indicate may have an interest
in the child. In most cases, the child does not
qualify for tribal membership and the tribe responds
that it does not intend to intervene in the
placement. An adoptive placement that involves a
child with American Indian heritage is at risk until
such time as the tribe indicates that it has no
intention to intervene and until the birth parents’
rights are terminated.
What Is the
Interstate Compact for the Placement of Children?
The ICPC is a
uniform law drafted in the 1950’s, which today has
been enacted in all 50 states, the District of
Columbia, and the U.S. Virgin Islands. The ICPC
contains 10 articles, which establish the procedures
for interstate placements and assigns
responsibilities for all parties involved in placing
a child for adoption. The ICPC applies only to
children who are placed for adoption across state
lines, but not to placements made by a parent,
stepparent, grandparent, or other close adult
relatives.
How does the
Interstate Compact work?
If an adoptive family
is from state A (receiving state) and the baby is
born in state B (sending state), ICPC applies. In
this situation:
1.The family would travel to the sending state for
the adoption of the child.
2. Before they are allowed to leave the sending
state, the adoption entity would submit (by Federal
Express) the ICPC paperwork to the sending state’s
ICPC office.
3. After the sending state has approved the
adoption, all of the paperwork would then be
forwarded (by Federal Express) to the receiving
state’s ICPC office.
4. Once the receiving state has approved the
paperwork, the family is notified of the approval,
and only then can they return to their state.
If ICPC is not
followed, or the family leaves before ICPC approval,
the adoption could be jeopardized and the child may
be returned to the sending state.
Florida allows for
the adoptive family to stay with the child during
the wait.
What are the ICPC
Safeguards?
The ICPC offers
safeguards to all parties involved in the adoption,
especially the child.
*Requires both a home
study of the adoptive family and that an evaluation
of the interstate placement be completed.
*Ensures the sending
and receiving state’s laws and policies are followed
before it approves the interstate placement.
*Assigns
responsibility to the sending agency, thus
guaranteeing the child’s legal and financial
protection.
*Allows the
prospective receiving state the opportunity to
consent to or deny the adoptive placement.
*Provides for
continual supervision and regular reports on each
interstate placement.
*Ensures the sending
agency does not lose legal jurisdiction of the child
after moving to the receiving state.
What time is needed
to process ICPC?
In order for ICPC
paperwork to be filed, all required documents must
be submitted together. ICPC cannot begin until one
or both birth parents’ rights have been surrendered,
depending on the situation involved. In addition,
some of the items required for submission are not
available until the day the baby is released from
the hospital, including discharge paperwork and
medical records. Only when these items become
available can the ICPC package be completed and sent
out.
Once the ICPC
paperwork has been submitted, it takes an
average of 7-10 business days to process.
This is an average time
frame and some ICPC offices can take longer.
Adoptive families should make the necessary
arrangements to stay in the state for at least
2 weeks. Only one parent must stay with the
child.
We understand the
adoptive family’s desire to get back to their home
and share their excitement and joy with family and
friends as quickly as possible. We encourage you to
use the time to bond with your newest family member
during the ICPC process. Looking at the clock or
counting the days that have passed will only make
the wait seem longer. We will endeavor to minimize
your wait. However, the wait for ICPC approval is
generally out of the control of the agency and your
attorney. You will be contacted only
when ICPC approval has been given. Until that time,
we appreciate your patience and understanding and
ask that you refrain from contacting the agency or
your attorney to see if ICPC approval has been
granted. These requests are not favored by the
Florida ICPC office.
Important!
ICPC
offices process each placement in the order they
receive them. Both the agency and the ICPC offices
use the fastest means of communication whenever
possible including phones, fax and express mail
service. Adoptive families will be notified
immediately upon ICPC approval. We need to know
where you are at all times during this wait and have
as many contact numbers as possible. Clearance for
you to return home MUST be received by you
from our office, not your home study agency or the
ICPC offices of your home state.
DISCLAIMER:
The information provided above is an
overview of Florida’s adoption law. This is not a
complete dissertation of the law and you should not
rely solely on this document. The adoption law is
new and untested; therefore, this information may
change as the courts interpret the law. When you
have specific questions regarding your particular
adoptive placement, please address them with us. |
