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One question I get asked frequently is whose consent is required to adopt a child here in Florida.
Well, Unless the consent is excused by the court, the proper written consent for adoption must be received from:
a. The birth mother.
b. The birth father, if:
1. The minor was conceived or born while the father was married to the mother;
2. The minor is his child by adoption;
3. The minor has been adjudicated by the court to be his child by the date a petition is filed for termination of parental rights;
4. He has filed an affidavit of paternity pursuant to s. 382.013(2)(c) by the date a petition is filed for termination of parental rights; or
5. In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of s. 63.062 (2).
c. The minor, if 12 years of age or older, unless the court in the best interest of the minor dispenses with the minor’s consent.
d. Any person lawfully entitled to custody of the minor if required by the court.
e. The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor does not have authority to consent to the adoption.