Executive Office • 3 Clifford Drive Shalimar, FL 32579   FAX 850-651-3210
  State Capitol Office • P.O. Box 10728, Tallahassee, FL 32312
FREQUENTLY ASKED QUESTIONS
Are you an Adoptive Parent and have questions? 

Are you a Birth Parent and have questions?


Read our Frequently Asked Questions below to see if  a particular question fits your needs....if you require further assistance, please cick here to contact us.
FLORIDA ADOPTION COUNCIL
building families together....
What is a home study?

A home study is an independent investigation undertaken to verify your suitability as the adoptive parent(s).  In Florida, a favorable preliminary home study is valid for one (1) year after the date of its completion and easily may be updated.  You may contact us for more information on obtaining a home study.  Among those qualified to conduct a home study include a licensed child-placing agency, a registered child-caring agency, a licensed professional such as an L.C.S.W. (Licensed Clinical Social Worker) or an M.S.W. (Masters Of Social Work).


As a perspective adoptive parent, what information do birth parents provide?

An extensive family, social and medical history compiled by the birth mother and, if available, a similar document from the biological father.  Specific medical records on both the birth mother and the child also normally are secured including OB/GYN records and labor and delivery records from the hospital.


What information will the birth parents have regarding the perspective adoptive parents?

Your birth mother letter and family profile. The birth parents may also 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 are the most common tests performed when a birth mother visits her ob/gyn?

Standard tests for the birth mother include:  HIV; drug screening; hepatitis; and all the normal OB/GYN tests.  Sonograms also routinely are done, but other testing, such as amniocentesis, is not done unless medical indicated.  You also may request additional testing and daily advances in modern medicine may suggest certain other pregnancy-specific testing.  Best to stay up to date on all the medical advances through your own research or in consultation with your adoption professional or other resource in the medical field.  


When the baby is born, are thre certain tests the hosptial performs on the infant?

Where indicated, HIV, drug screen, hepatitis and thyroid tests. If you request others, these can almost always be obtained.


Are there certain guidelines designed for contact after the baby is born?

There are no specific, etched-in-stone parameters for this contact.  Normally, it is whatever that is agreed to between you and the birth mother and/or between you and any biological father.  Common place, however,  are pre-birth telephone contacts and/or pre-birth letter exchanges, including e-mail; obviously, face-to-face contact is encouraged and, if not done pre-birth, normally takes place at the hospital in the run-up to placement.  While these contacts almost always occur pre-birth and/or during the hospital period, there are birth mothers, along with the occasional birth father, who request another one-time, face-to-face meeting, even after birth.


As a perspective adoptive parent, we are very nervous about our meeting with our birth mother?  Are there things we should or shouldn't say?

You should focus on being yourselves, letting the birth parents get to know you and establishing a comfort level. You 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 or question medical history. If you have a question in this regard, let your adoption professional handle it


Our birth mother is extremely important to us.  We want to make sure she has the ability to receive counseling if she decides.  What type of counseling is usually done?

Counseling is strongly advocated for the birth mother. Some birth mothers are not willing to attend counseling and, of course, cannot be forced to do so.


What type of communication is given to the adoptive parents when the birth mother delivers?

Given the dizzying and daily advancements in technology, communication these days nearly is instantaneous provided, of course, all involved parties, and primarily the birth mother, utilize the technology.  Depending on the specific relationship you and the birth mother may establish pre-birth, it may be you who is alerted directly by the birth mother that she, in fact, is at the hospital or on her way to the hospital.  Otherwise, your adoption professional will contact you, the timing of which could be critical, especially if the birth mother wants you present for the delivery.


As a perspective adoptive parent, we are aware that we may be supplying living expenses to our birth mother.  If she does not place with us, do we receive any compensation back?

The reality is that very few birth mothers have the resources to re-pay prospective adoptive parents, but one recourse is to file a lawsuit to recover these living expenses.  There also is the tax “write off” more fully outlined below.


When will the consent for adoption be signed?

Under Florida law, generally, the birth mother may not sign her Consent to Adoption until forty-eight (48) hours after the baby is born; however, Florida law makes one (1) exception for a birth mother to sign the consent to adoption earlier than 48 hours.  If the birth mother has been notified in writing, either in her patient chart or medical discharge release paperwork, that she is medically discharged, the birth mother then may sign her consent to Adoption on her discharge date and need not wait the forty-eight (48) hours.  With a c-section, the birth mother’s signing of the consent to adoption may go beyond the forty-eight (48) hours, as your adoption professional must ensure that the birth mother is free of narcotic medication at the time of signature.

Under Florida law, a man may sign the Consent to Adoption at any time after the baby is born, but never beforehand, in contrast to an Affidavit of Non-Paternity, which under Florida law may be signed at any time, even before pre-birth.


Once the consent has been signed, can a birth parent change their mind?

Pursuant to Florida law, a birth parent who executes a consent for adoption involving a child six months or younger, does not have a grace period in which to change her mind.  The consent for adoption is permanent and irrevocable from the moment it is signed, and only can be overturned based on fraud or duress; however, in cases where the birth parent is placing a child older than six months, the birth parent has three (3) business days to revoke the consent for any reason.  Once this period passes, the consent only can be overturned based on fraud or duress.


Can you explain the right of a birth father?

Question to be answered shortly.


As a birth mother, am I eligible to have my living expenses paid?

Yes, under Florida law, birth mothers not only can have their reasonable living expenses paid, but also their reasonable and necessary medical expenses, all of which may be paid during the pregnancy and for a period of up to six (6) weeks post-partum; however, Florida law only allows payment for living expenses for that birth mother who herself is unable to pay due to unemployment, under-employment, or a medically diagnosed disability.  Moreover, Florida law sets forth that reasonable living expenses encompass:  rent; utilities; basic telephone service; food; toiletries; necessary clothing; transportation; insurance; and expenses found by the court to be necessary for the health and well-being of the birth mother and the unborn child.


Do we need to contact our health insurance provider to alert them once the baby is born?

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. You should 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?

Post-placement supervision begins after the child is placed with you in your home.  It entails at least one (1) face-to-face visit in your home, along with additional contacts to determine the suitability of the placement, over a period of at least ninety (90) days.  For the first ninety days, there is to be no longer than a thirty (30) day interval between these contacts.  If, after ninety (90) days, additional contacts are needed, your adoption professional and/or local home study professional will alert you.  Normally, whoever originated your preliminary home study is who conducts the post-placement supervision.

For purposes of adoption placement, the period of post-placement supervision also may begin even before your child physically is placed with you or before you actually return to your home and/or your home state. Normally, this is when your child’s medical needs require that your child remain hospitalized, as with a child who is born medically complex or premature. 



When is an adoption final?

Florida law permits finalization once the 90 day post-placement supervision period has expired, however, the Petition for Adoption cannot be set for final hearing until 30 days after entry of the Final Judgment Terminating Parental Rights. Finalization generally occurs within five months after placement, but can be delayed by a birth parent's failure to cooperate or the court's crowded docket.  Read more regarding Florida Statute Number 63.


Where can we obtain a birth certificate?

After finalization, your adoption professional will apply for the birth certificate.  This is done though the vital records bureau in the state where your child was born.  In Florida, this process normally takes 6 to 8 weeks, but for an additional, nominal fee, this process can be expedited to take only 2 to 3 weeks.


When and where can we obtain a Social Security card?

You may apply at your local social security office once you have your child’s new birth certificate in hand, along with your Final Judgment of Adoption, and other evidence of who you are.  All this is spelled out in the Social Security Policy Manuel, POMS Section RM-00203. 200E-4.


Is there a tax credit for adoption?

Yes, and it is much improved and makes adoption much more affordable.  For calendar year 2010, the maximum credit is $12,170 per child, although the credit gradually phases out once your modified adjusted gross income meets $182,520, up to a modified adjusted gross income level of $222,520, when it completely phases out.  For domestic adoptions, the tax credit may be claimed, even if the adoption does not take place; however, for non-domestic adoptions, the tax credit only may be claimed after the adoption becomes final.  While without question meticulous record keeping is essential, the Internal Revenue Service (IRS) lists a wide range of “qualifying expenses” including but not limited to:  adoption fees; court costs; attorney’s fees; and travel-related lodging and meals.  And, for adoption of the broadly defined “special needs” child, the IRS allows a claim for the full amount of the tax credit, without any attendant requirement either to document, pay, or incur related costs.  Plus, separate and distinct from any tax credit, the IRS permits adopting families to exclude from income those adoption-related expenses either directly paid for or reimbursed by an employer assistance program.

What is best is to consult with a tax advisor, such as a certified public accountant, CPA.  There also are a plethora of resources available on the web, including articles, resource guides, and publications from the IRS. (See IRS Code §23 and www.irs.gov), the Casey Foundation, (www.casey.org), the National Foster Parent Association (www.nfpainc.org), magazines like Adoptive Families (www.adoptivefamilies.com).


How and when can we take the dependent child tax deduction?

Again, as outlined above, what is best is to consult with a tax advisor and preferably a CPA.  Generally, you would utilize the deduction in the year you took placement of the child, but that is not always the case and your case-specific facts will matter greatly.  You may apply to the IRs for an adoption taxpayer identification number if you do not yet have a social security number for your child.


Is the earned income credit and child tax credit available for adopted children?

Yes, if you otherwise qualify under the IRS rules and regulations. These are two separate tax benefits.


Should we update my will?

Once the adoption process is complete and you have welcomed your son or daughter home, take a few minutes to let it all sink in, and then make an appointment with your attorney to revise your Last Will and Testament. Having an up-to-date Will is important for all of your children whether they came to you through birth or adoption. There are many reasons why parents should have a current Will. The two most important reasons involve naming your children as beneficiaries of your estate and appointing their guardians.

Although most states treat adopted children the same as birthchildren, it is best to specifically identify your adopted child(ren) as a beneficiary of your estate. The second reason has to do with appointing a guardian of the child and a conservator of the child's property. A Will is the only place you can make these designations. If you fail to designate someone to act in these capacities, the Court will make the determination for you.


How much does adoption generally cost?

While the costs attendant with an adoption are wide-ranging and impacted primarily by the birth mother’s living and medical expenses, there are a variety of funding sources, some of which are listed below, over and above the very attractive and general tax benefits outline earlier in this section. 

These funding sources include but are not limited to grants from entities like: 
  • Steven Curtis Chapman’s organization for Christian families pursuing adoption; and Parenthood for me, www.parenthoodforme.org, which also includes adoption through assisted reproductive technologies. 

Among the funding strategies involving loans are: 
  • Also for international adoption; International Association of Hebrew Free Loans, www.freeloan.org, a state-by-state listing of interest-free adoption loans for Jewish families

As concerns family donations, prospective adoptive families may set up their own personalized website registries, such as those suggested by:


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 has no intention 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 (ICPC)?

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 assign 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 with 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: 

  • The family would travel to the sending state for the adoption of the child.
  • Before the family is allowed to leave the sending state, the adoption agency would submit (electronically or by Federal Express) the ICPC paperwork to the sending state’s ICPC office.
  • After the sending state has approved the adoption, all of the paperwork would then be forwarded (electronically or by Federal Express) to the receiving state’s ICPC office.
  • Once the receiving state has approved the paperwork, the family is notified of the approval, and only then can the family return to the family’s home state.
  • If ICPC is not followed, or the family leaves before ICPC approval, the adoption could be jeopardized and the child may need to 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; however, with the emergence and utilization of electronic transmission, outlined above, there have been dramatic improvements to ICPC approval turnaround time.  Nonetheless, adoptive families should make the necessary arrangements to stay in the sending state for at least ten (10) days counted from the date the ICPC package initially is sent out.  If necessary, foster care, or what more typically is called “cradle care,” is available for the child pending ICPC approval.  Finally, only one adoptive parent is required to stay with the child, pending ICPC approval.


Are there age, marital, religious or other restrictions?

No;  however, for over three (3) decades, there has been a statutory prohibition in Florida that forbids homosexuals from adopting.

Recently, in September 2010, this specific statutory prohibition was found unconstitutional by a Florida appellate court, as a result of which the State of Florida now has announced that the ban on homosexuals adopting no longer will be enforced. 

This though remains an unsettled area of adoption in Florida, as the appeals process still has not been exhausted, and mixed and conflicting signals still are being reported. Plus, the nuances and distinctions between state-sanctioned adoptions and private adoptions remain. 

What is recommended is that you consult with your Florida-based adoption professional should sexual orientation be a dynamic in your adoption plan, as this is an area of the law very much still in flux at this time. 


Will adoption professionals work with military families?

Yes.


Will adoption professionals work with out-of-state families?

Yes, and also with families that reside outside of the United States.