While an adoption is usually an occasion for good feelings and celebration, unfortunately, sometimes a party to an adoption wants to reverse it. A birth parent may change their mind and not want to go forward with an adoption to which they had agreed.
An adult adopted as a child may decide they want to end their relationship with their adoptive parents and focus on a relationship with their biological parent or parents. A legal consultation in Florida with a Florida lawyer would help a person understand adoption and reversing adoptions.
Whatever the reason, reversing an adoption is difficult. Florida’s adoption laws cover all aspects of the adoption process, including who is eligible to adopt, and the penalties an adoptive parent would experience if they were to complete an adoption through misrepresentation.
It is possible to reverse an adoption in Florida, but Florida adoption laws allow it only in a few very limited circumstances.
What Are the Different Types of Adoptions in Florida?
Adoption is the legal process in which an adult other than a child’s biological parent takes on the legal responsibility of parenthood with respect to a child who is not their biological child.
The child is entitled to all the rights and privileges that any child has with respect to their parents. The parent takes on all of the legal obligations that parents have with respect to their biological children.
There are 4 types of adoptions in Florida as follows:
- Entity adoption: In an entity adoption, an agency or attorney facilitates the adoption.
- Stepparent adoption: A stepparent adopts the child of their spouse who is the biological parent of the child or children who are adopted.
- Relative adoption: A relative adopts the child or children of a family member.
- Adult adoption: An adult or adult couple adopts another adult.
Each type of adoption is achieved through its own legal procedure. In all cases, however, a court considers what serves the child’s best interests.
Whatever the type of adoption, it has the same results for the parties involved. It permanently ends the parental rights of at least one birth parent, if not both, and establishes a new parent-child relationship between the adopting parent or parents and the child.
The new adopting parent has all of the same responsibilities with respect to providing care and support to the child as a birth parent. For the birth parents, adoption usually means losing their parental rights and retaining no right to see the child or be involved in the child’s life, unless the adoption is an open one.
However, in the type of adoption known as “open adoption,” birth parents keep their right to communicate with and/or visit the child. For the adoptive parents, an open adoption still means providing for the care of a child to whom they will have the same obligations as they would have with respect to their biological child.
Any person, minor or adult, may be adopted. Siblings may be adopted together.
What Are Some Basics of Adoption in Florida?
Theoretically, any person, minor or adult, may be adopted, assuming that biological parents who are still alive agree or have lost their parental rights through a valid legal proceeding. The following people are eligible to adopt a child or children:
- A husband and wife together as a couple
- An unmarried adult
- A married person without the other spouse joining as a petitioner, if the person to be adopted is not their spouse and either one of the following is the case:
- The other spouse is a parent of the person to be adopted and consents to the adoption, or
- The failure of the other spouse to join in the petition or to consent to it would have to be excused by the court for good cause or because it finds that it is in the best interest of the child.
A person with a disability may adopt unless their disability makes them incapable of serving as an effective parent. In a strong adoption case, the adopting parent can show a court that they have the financial resources and emotional aptitude to provide a child with all of the care and support they require.
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How Much Does It Cost To Reverse an Adoption in Florida?
It is not possible to say how much it would cost to reverse an adoption. Each case is unique. A case is initiated by filing a petition in court. A filing fee must be paid. The amount of the filing fee may vary by court, but is generally in the range of $100 to a few hundred dollars.
A person would, in all likelihood, want to hire an attorney to represent them in their action to reverse an adoption, and this would probably be the largest expense.
Many family law attorneys require their client to pay a retainer fee at the start of their representation. This payment is put in what is called a “trust account.” As the lawyer bills their client an hourly fee or other charges for costs, they take the money out of the trust account.
If there is money left in the trust account at the end of the representation, then it is returned to the client. If the money in the trust account is exhausted, the client would have to pay monthly bills thereafter.
The most frequent billing method is hourly, where clients pay for the lawyer’s time based on an agreed hourly rate. Attorneys’ hourly fees in Florida may range from $100 to over $500 per hour. Attorneys record their time and bill the client periodically. The fee agreement between the attorney and the client should state the hourly rate for the attorney and others who might work on the case.
There are other costs that may be incurred in a case, such as copying, postage, courier services, travel, and fees for expert witnesses if they are needed. Still other costs are possible. The client is responsible for paying these costs, but a client’s agreement should state how these additional costs would be managed.
A court may order a psychological evaluation of the child, adoptive parents, and/or the child’s biological parents. These evaluations would be performed by a licensed mental health professional. A social worker may be tasked with conducting a home study. If parties are contesting a case, a guardian ad litem, usually an attorney, may be appointed to represent the child and make a recommendation as to what is best for them.
The professionals who provide evaluations must be paid for their work. Evaluations and home studies may cost from $1,500 to $10,000. The court would decide which party has to pay the cost for an evaluation or study. Or a court may split the cost between parties based on their respective abilities to pay.
In cases in which a party may be indigent, a court might waive or reduce fees or order payment by a government agency if that option is available.
What Is the Revocation Period for Adoption?
One of the most common reasons an adoption is reversed is because one or both of the birth parents change their mind and no longer wish to allow someone else to adopt their biological child.
Florida law gives biological parents 3 days to reverse their decision to agree to an adoption, so biological parents want to think carefully about the decision before they agree to adoption. They have very little time to change their mind once they have decided to go forward with an adoption.
There are situations in which an adoption has already been completed through the legal process, but there is reason to revoke it. The 3-day window may have passed. Or a stepparent may have adopted a child when they married the child’s biological parent and when the parents get divorced, the stepparent no longer wants to be a parent to the child.
Basically, to reverse an adoption, the person must prove that the adoption went forward as a result of fraud or duress. For example, if two people adopted a child but lied to the adoption agency or birth parents about their income level so that the adoption would go through, that could be grounds for revoking the adoption.
In the case of a stepparent adoption, a court generally will not revoke this type of adoption. The parent would have to have another reason to revoke the adoption. For example, the adopted child may have developed special needs that require specialized care and medical equipment. If the stepparent cannot afford to support these needs, they might state this in a petition to revoke the adoption. But success is not guaranteed.
Finally, if an adopted person seeks reversal of an adoption when they reach adulthood, it may be possible. If they are still under 18 years old, emancipation may be a better, less complicated option. Emancipation allows the adopted child to live independently from their adoptive parent(s) and free of their control.
Even in a case of wrongful adoption, revocation or reversal of the adoption is not likely. The adoptive parent might be able to sue the party responsible for the misrepresentation, fraud, or deceit perpetrated during the adoption process. They might collect an award of money damages, but they would probably not be able to undo the adoption.
Do I Need the Help of a Lawyer With My Adoption Reversal Issue in Florida?
If you feel that you need to revoke or reverse an adoption, you need to talk to a Florida adoption lawyer. LegalMatch.com can connect you to a lawyer who can review the facts of your situation and advise you as to whether you would be able to reverse or revoke the adoption in which you have been involved.
