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Do parents always have to consent to an adoption?

On Behalf of | Mar 13, 2021 | Child Custody

In most situations, you’ll have to get the biological parent’s consent if you want to adopt their child in Florida. However, some parents effectively give up the right to make decisions for their children. The court might waive the consent requirement, making it easier for you to bring a new child into your home.

When does the court waive the consent requirement?

You might have an uncontested adoption case if the parent abandoned their child, particularly if the state can’t find the child’s biological parent. If the parent is present in the child’s life, the court might have terminated their parental rights in a case of abuse or neglect.

The court might also waive the consent requirement if the parent is disabled or mentally ill to the point that they can’t take care of the child. This is especially relevant if the parent is permanently brain-damaged or disabled with virtually no chance of recovery. Similarly, the court doesn’t require consent if the parent is already deceased.

In some cases, the child might not have a parent at all. Instead, they have a legal guardian. This person might lose custody of the child if they don’t respond to the adoption request within sixty days or don’t have a valid reason for withholding consent. An adoption attorney could help you if difficulties arise during the adoption process.

How do you adopt a child in Florida?

Adopting a child is a long process that involves filing a petition, getting consent from the child’s parents and going through the legal system. Some people think they have an easy adoption case, only to get hit with a curveball at the last minute. Your attorney could help you prepare for virtually any possibility and help you prepare to bring a child into your home.