Home The Law Offices of Stanley R. Brenner

Surrogacy & Infertility Solutions

How long will it take to adopt a child?
The length of time it takes to adopt a child is based on a host of factors, such as our client’s individual situations and specific preferences for adoption, age of adoptive parent, number of children in family, financial limitations, and state of residence of adoptive parents.
What is a home study?
It is an objective and narrative report based on supportive documentation, interviews, and background clearances which assesses a family’s ability to parent an adopted child. The home study is valid for one year in Florida and is conducted by a qualified professional. If you need assistance in obtaining a home study please advise our office.
How much does adoption cost?
The costs of adoption are wide-ranging, primarily depending on the birth mother’s living and medical expense needs. Our office will gladly discuss the cost of an adoption with you during your consultation.
Does Florida Law permit birth mothers to receive living expenses?
Yes. Florida law permits adoptive parents to pay the actual and reasonable living expenses during the pregnancy and up to a maximum of six weeks following delivery if the birth mother is unemployed, underemployed or suffering from a medically diagnosed disability.
Will my insurance cover a newborn child?
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. We suggest that you contact your insurance company as soon as you have a match so that you can ensure your coverage is in place at the time of your child’s birth.
When will the consent for adoption be signed?
Pursuant to Florida law, the consent will be signed by the birth mother no sooner than 48 hours after delivery unless the birth mother receives written discharge orders earlier by her doctor. With a c-section, the wait may be slightly longer as we must ensure that the birth mother is free of narcotic medication. A birth father or legal father may sign his consent to adoption at any time following the birth.
Can a birth parent change his/her mind once the consent for adoption is signed?
Pursuant to Florida Law, in an adoption concerning a child under the age of six months, the consent for adoption is permanent and irrevocable from the moment it is signed, and can only be overturned based upon a finding of the Court that the consent was obtained by fraud or duress. In cases involving a child 6 months of age or older, the birth parent has 3 business days to revoke a consent for any reason. Once this period passes, if the child has been placed with the adoptive parents, the consent can only be overturned based upon a finding of the Court that the consent was obtained by fraud or duress.
What rights do birth fathers have?
Pursuant to Florida Law, if a birth mother is married, her husband must consent to an adoption. If the birth mother is not married, the father’s rights are contingent upon the actions that he has taken to provide for the pregnant mother and child. Florida maintains a confidential paternity registry and registration is a condition precedent to the requirement that an unmarried biological father consent to an adoption plan. For unmarried fathers that are known and locatable, certain steps must be taken to give him an opportunity to preserve his right to notice and consent to the adoption plan. Dealing with a birth father is a serious matter and our office takes the necessary steps to comply with Florida Law.
Is there a tax credit for adoption?
Yes. Taxpayers who adopt a child may qualify for the adoption tax credit. This tax credit has been enhanced for the years 2010 through 2011 by making it refundable. You qualify for the adoption tax credit if you adopted a child and paid out-of-pocket expenses relating to the adoption. The amount of the tax credit you qualify for is directly related to how much money you spent on adoption-related expenses. If you adopt a special needs child, however, you are entitled to claim the full amount of the adoption credit, even if your out-of-pocket expenses are less than the tax credit amount. Please consult with your tax advisor or the IRS to determine your eligibility, as well as the many other tax related benefits associated with children.
What is the Interstate Compact for the Placement of Children (ICPC)?
The ICPC is a law enacted in all 50 states, the District of Columbia, and the U.S. Virgin Islands. The ICPC establishes procedures for the adoptive placement of children across state lines and does not apply to placements made with relatives, step-parents, grandparents or other close relatives. Our office will facilitate the necessary steps to comply with ICPC in an interstate placement.