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THE LAW OFFICES OF ELLEN M. KAPLAN, P.A. 9900 West Sample Road, Third Floor Coral Springs, Florida 33065 (954) 341-1309
RISKS IN ADOPTION
Although adopting a child is a wonderful and exciting event, there are inherent risks in the adoption process. It is important before going forward with an adoption plan that you understand these risks.
1. Payment of Medical and Living Expenses of Birth Mother
Even though you may pay the birth mother's living and medical expenses during the course of the pregnancy, it does not guarantee that the birth mother and/or birth father will sign the final consent for adoption following the birth of the infant or place the infant with you. The birth mother and birth father have the right to change their mind any time prior to signing the final consent for adoption.
2. Birth Parents' Family, Social and Medical History
The birth parents' family, social and medical history are obtained from the birth parent(s). It is possible that the information obtained from the birth parent(s) is incorrect either because the birth parent(s) did not truthfully disclose the information or because the birth parent(s) did not know the correct information. Family, social and medical information obtained from the birth parent(s) is not verified by the adoption entity
3. Confidentiality
Confidentiality is important in adoption. During the adoption process, however, it may become necessary to share identifying and non-identifying information about the birth parents and prospective adoptive parents with others (i.e. medical providers, hospitals, social workers, court personnel, etc.). There is a risk that identifying and/or non-identify information may be unintentionally disclosed by the adoption entity and/or other persons and/or institutions.
4. Home Study
Unless you are a stepparent or relative of the child to be adopted, you must have a favorable home study from a licensed child-placing agency or a licensed professional as described in Fla. Stat. 61.20(2) before a child may be placed in your home.
5. Interstate Compact for the Placement of Children
If either you or the child to be adopted reside outside the State of Florida, the placement must be approved by the Interstate Compact for the Placement of Children in both the sending and the receiving state. You may not return to your home state with the child until approval has been given by both the sending state and the receiving state.
6. Communication with the Birth Parents
Most birth parents that choose adoption want to meet the prospective adoptive parents. They want to get a sense of who the prospective adoptive parents are and be reassured that their child will grow up in a loving and caring environment. For the prospective adoptive parents, meeting the birth parents gives them a wonderful opportunity to get to know more about the biological parents of their prospective child as well as thank them in person for giving them the opportunity to become parents.
Often times birth parents will want to continue some form of communication with the prospective adoptive parents once the adoption is finalized. It is not uncommon for birth parents to request letters and pictures on a yearly basis until the child reaches the age of 18 years. It is up to the birth parents and the adoptive parents to determine between themselves if post-adoption communication is agreeable and, if so, the duration and frequency of the correspondence. All post-adoption communication must be made directly between the birth parents and the adoptive parents. Both parties will need to set up P.O. Boxes or exchange addresses to where correspondence can be sent or received.
7. Health of the Infant
There is no way to guarantee the health of the child. Even though the birth mother may have had routine prenatal care and laboratory tests during the pregnancy, the child may be born with known or unknown medical problems. In addition, drug and/or alcohol testing on the birth mother will only indicate whether or not the birth mother has used drugs and/or alcohol within a specific time frame. A negative drug screen does not guarantee that the birth mother has not used drugs and/or alcohol during the pregnancy.
8. Race of the Infant
There is no way to guarantee the race or ethnicity of the child. There are times where a birth mother may not know the race or the ethnicity of the birth father, such as in the case of rape or where she had multiple partners at or near the time of conception and she is not sure which man is the true birth father, or there are times where a birth mother purposely conceals or fails to identify the birth father or the correct race or ethnicity of the birth father.
9. Identity of the Birth Father
There is no way to guarantee if the birth mother has identified the true birth father unless DNA testing is done on the mother, birth father and child after the birth of the child. A birth mother may unintentionally identify the wrong birth father, such as in the case of having multiple partners at or near the time of conception, or the birth mother may purposely lie about or conceal the identity of the birth father. Should the birth mother fail to identify the true birth father, that birth father may have potential rights to the child and his interests may be tantamount or superior to the adoptive parents' rights and interests.
10. Birth Father Rights
The rights of birth fathers in the State of Florida are dependent on several things. If the birth mother is married, her husband is considered the legal father of the child whether or not he is the actual biological father. Legal fathers are required to consent to the adoption. If the birth mother is not married, the birth father is considered an unmarried biological father. An unmarried biological father may or may not be required to consent to the adoption depending on whether or not he has been established by court proceeding to be the father of the child or if he has taken the actions required by Florida law to make his consent required (i.e. filed an acknowledgment of paternity with the Florida Putative Father Registry or filed an affidavit of paternity pursuant to Fla. Stat. 382.013(2)(c). In some cases, it may be necessary to conduct a diligent search and/or publish for a legal father or unmarried biological father.
11. Grandparents' Rights
If a child has resided with a grandparent for at least six months within the 24-month period immediately preceding the filing of a petition for terminating of parental rights pending adoption, the adoption entity must notify the grandparents of the hearing on the petition for termination of parental rights pending adoption.
12. Indian Child Welfare Act
Pursuant to federal and state laws, if a child to be adopted has any American Indian blood, the adoption entity must first contact the tribe to see if the tribe objects to the child being placed for adoption with a family outside the tribe.
13. Final Consents for Adoption
A final consent for adoption can only be signed after the birth of the infant. Florida law dictates who must sign a final consent, when the consent may be signed and how the consent is to be executed. Birth mothers may not sign the final consent for adoption until 48 hours after the birth of the child or until the day they are discharged from the hospital, whichever is sooner. Birth fathers may sign the final consent for adoption anytime after the birth of the child. When the child to be adopted is less than six months of age, a properly executed consent is binding and irrevocable upon execution unless it can be proven in Court that the consent was obtained by fraud or duress. When the child to be adopted is older than six months of age, the birth parents have a three-day revocation period in which to withdraw their consent.
14. Legally At-Risk Placement
Although the consents are binding and irrevocable from the time they are signed unless it can be proven in Court that the consent was obtained by fraud or duress, the hearing where the Judge actually terminates the parental rights will not occur until approximately 4-8 weeks after the child is placed in your home. Placements such as these are called Legally At-Risk Placements in that if the Judge does not enter the judgment terminating parental rights, the child may be removed from your home.
15. Period of Relief from Judgment Terminating Parental Rights
A judgment terminating parental rights may be later challenged. After the Judge enters the judgment terminating parental rights pending adoption, there is a one year period from the date the judgment is entered that a birth parent may file a motion for relief from the judgment terminating parental rights pending adoption.
16. Risk of Emotional Distress
There is the risk of emotional distress inherent in the adoption process resulting from, but not limited to, a disrupted adoption. Although disruption of an adoption plan is rare, it can cause emotional turmoil and financial loss.
We acknowledge that The Law Offices of Ellen M. Kaplan. P.A. has informed us of the foregoing risks in adoption and we agree to assume said risks.
Dated this _____________ day of _____________________, 200____.
___________________________ Adoptive Father
___________________________ Adoptive Mother
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Please provide The Law Offices of Ellen M. Kaplan, P.A. with the following contact information:
Home Telephone: _____________________________
Cell Numbers: Husband ________________________ Wife____________________________
Work Numbers: Husband: _______________________ Wife____________________________
Email Address: Husband ______________________________ Wife: _________________________________
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