Adoption in the areas of Titusville, Cocoa, Melbourne, Palm Bay, Viera, Florida

An attorney CAN represent adoptive parents in a private termination of parental rights (TPR) and adoption proceeding in Florida, even if another attorney is serving as the “adoption entity.” Florida law allows attorneys to act as intermediaries or adoption entities in private adoption cases, provided they comply with the requirements of Chapter 63 of the Florida Statutes. An “adoption entity” is defined to include licensed child-placing agencies, the Department of Children and Families, or attorneys licensed in Florida who are involved in placing a child for adoption § 63.032.

However, the attorney representing the adoptive parents must ensure that their role does not conflict with the responsibilities of the adoption entity. The adoption entity is tasked with specific duties, such as ensuring compliance with statutory requirements, conducting home studies, and safeguarding the interests of all parties involved, including the biological parents and the child § 63.039. Duty of adoption entity to prospective adoptive parents; sanctions., § 63.085. Disclosure by adoption entity.. Additionally, the adoption entity does not provide legal representation to the biological parents, who are entitled to consult their own attorney § 63.085. Disclosure by adoption entity.

In cases where an attorney serves as the adoption entity, they must fulfill the statutory obligations of that role, including providing disclosures, obtaining consents, and ensuring compliance with procedural safeguards to protect the rights of the biological parents and the child

§ 63.085. Disclosure by adoption entity., J.S. v. S.A., 912 So. 2d 650. If another attorney is serving as the adoption entity, the attorney representing the adoptive parents must avoid conflicts of interest and adhere to ethical rules, such as those outlined in Rule 4-1.7 of the Florida Rules of Professional Conduct, which governs conflicts of interest in representing multiple clients In re: Amendments to the Rules Regulating the Fla. Bar, 140 So. 3d 541.

While it is permissible for an attorney to represent adoptive parents in a private TPR and adoption proceeding, they must ensure compliance with Florida’s adoption laws and ethical rules, particularly when another attorney is serving as the adoption entity § 63.032., § 63.039. Duty of adoption entity to prospective adoptive parents; sanctions., §63.085. Disclosure by adoption entity., In re: Amendments to the Rules Regulating the Fla. Bar, 140 So. 3d 541.

If you live in Brevard County, Florida and need help with an adoption, contact us for a complimentary consultation. 321 549 3162 ph/text or use the contact form on this site. Our experienced attorneys handle family and non-biological adoptions as well as same sex adoptions, and grandparent custodial adoptions. Ask for Bonnie Rhoden, she rocks our adoptions!