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Llabona Law Group, P.A.
1309 East Robinson Street
Orlando, FL 32801
Telephone: (407) 894-6003
Facsimile: (407) 897-7004
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KISSIMMEE LOCATION

Llabona Law Group, P.A.
813 Bryan Street
Kissimmee, FL 34741
Telephone: (321) 697-5050
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Adoptions

Orlando Adoption Attorneys

Adoptions

Children need a stable family environment. The most important priority is the well-being, safety, and security of children in a family. In other words, children need parents. There are different types of adoptions. For example, a step-parent may adopt a spouse’s children. A grandparent or other relative may adopt a child in their extended family. A non-relative can establish a new family by adopting children. Whatever the circumstances are, an experienced family law attorney in Central Florida can provide you with competent legal representation as you initiate and complete the adoption process.

Adoption changes family relationships permanently and the legal process can sometimes be extensive and complex. In some cases, Florida law requires a home study to ensure the safety and well-being of the child. In other cases, a biological parent may struggle with legally waiving or forfeiting his or her access and rights to a child. The termination of parental rights affects child custody and support. During every step of the process, Llabona Law Group can help. The advice of an experienced family law attorney in Central Florida is essential. Contact Lusan and Nelson Llabona for a consultation today.

Who can Adopt

Adults that reside in Florida that are of good moral character and can provide a nurturing environment and financial stability may adopt a child. For most purposes, the person adopted obtains all inheritance rights of a child born to the adoptive parents and loses all inheritance rights from the birth parents.

Those eligible to adopt a child include:

  • A husband and wife jointly
  • An unmarried adult
  • Same-gender couples
  • A married person without the other spouse as a petitioner, with the court’s approval

Step-parent and Relative Adoptions

The adoption process for step-parents and relatives is less complex than for non-relative adoptions. As defined by statute, “relative” means a person related by blood to the person being adopted within the third degree of consanguinity. In these cases, the court may terminate a biological parent’s rights and effectuate the adoption in the same proceeding. To commence an adoption action, the petitioner needs to file a Petition for Adoption.

Without filing a separate petition to terminate the biological parent’s rights. The court may terminate a biological parent’s rights if he/she signs a consent agreeing to terminate his/her rights (or an affidavit of non-paternity, if applicable). The court may terminate a biological parent’s rights if there is evidence that the biological parent has abandoned the minor child as defined by Florida law. In these types of adoptions, a home study is generally unnecessary.

Non-Relative Adoptions

In cases involving the adoption of non-relative children, the adoption process involves two separate steps:

  • The termination of the parental rights of the birth parents, and
  • The subsequent adoption of the minor child

In these cases, home studies are necessary to ensure appropriate placement for minor children. Due to the sensitive nature of adoption proceedings, prospective adoptive parents must consult with an attorney knowledgeable in the area of adoption.

Adult Adoptions

In Florida, adult adoptions require the written consent of the person being adopted and the consent of their spouse if married. The purpose of adult adoptions is generally for inheritance rights or for a child to obtain the right to provide care and make decisions for a biological parent with diminished cognition or functional status.

Rights of an Unmarried Biological Father

An unmarried biological father may lose his parental rights under Florida family law if he has not legally claimed paternity. In such cases, the father risks losing his relationship with a child altogether. An unmarried biological father is presumed to be aware that a pregnancy and an adoption proceeding may occur after engaging in sexual relations with a woman. Therefore, an unmarried biological father is responsible for protecting his rights. He is presumed to know that another person may adopt his child without his consent unless he complies with the requirements of the law, which includes registering with the Putative Father Registry. The purpose of this registry is for an alleged unmarried biological father of a child to preserve his right to receiving notice and consent in the event his child is being adopted.

Protect your Rights with an Experienced Family Law Attorney in Central Florida

The result of an entry of a Final Judgment of Adoption is that the petitioner will be deemed the permanent and legal parent of the person adopted. Successful adoption is a joyful experience for all the parties involved. The adopting parent shall have the same rights and obligations as any other natural parent. The parent whose rights were terminated shall no longer have any right or obligation concerning the minor child.

When you are ready to expand your family, contact the Llabona Law Group for personalized and effective representation. We can skillfully navigate you through the adoption journey with dedicated advocacy every step of the way. We are a bilingual law office and can consult with you in both English and Spanish.