Parental Consents to Adoption Pursuant to Florida Law
When can a parent sign a consent to adoption?In Florida, a biological mother can sign her consent to adoption no sooner than 48 hours after delivery unless she is discharged from medical care by her medical professional prior to that time. A legal or biological father can sign his consent to adoption any time after the child's birth. Additionally, a legal or biological father can sign an affidavit of nonpaternity at any time, including prior to birth.
Is the consent to adoption irrevocable?Pursuant to Florida law, a consent to adoption that is executed on a child younger than 6 months of age is irrevocable upon signing. There is no grace period for the parent to change his or her mind and the consent can be overturned only upon proof of fraud or duress. However, when a parent signs a consent to adoption for a child over 6 months of age, the parent has 3 business days to revoke the consent for any reason. Once this period passes, the consent can only be overturned based on fraud or duress.