Use of Advertising and Facilitators in Adoptive Placements - Florida

Date: July 2020

Use of Advertisement

Citation: Ann. Stat. §§ 63.212(1)(g); 63.032

It is unlawful for any person, except an adoption entity, to place an advertisement or offer to the public, in any way, by any medium whatsoever, that a minor is available for adoption or that a minor is sought for adoption. In addition, it is unlawful for any person purchasing advertising space or purchasing broadcast time to advertise adoption services to fail to include in such advertisement the Florida license number of the adoption entity or the Florida Bar number of the attorney placing the advertisement.

The term 'adoption entity' includes the Department of Children and Families, a registered child-caring agency, an intermediary, a Florida licensed child-placing agency, or a child-placing agency licensed in another State that also is licensed by the department to place children in the State of Florida.

Use of Intermediaries/Facilitators

Citation: Ann. Stat. §§ 63.032; 63.039; 63.085; 63.212(c), (f)

An intermediary is a licensed attorney acting as an adoption entity who places a child for adoption. An adoption entity has an affirmative duty to do the following:

  • Make full disclosure of all State law requirements for adoption
  • Obtain necessary consents
  • File necessary petitions and affidavits
  • Serve notices of hearings

The adoption entity must provide the prospective adoptive parents with information concerning the background of the child to the extent such information is disclosed to the adoption entity by the parents, legal custodian, or the department. The information to be disclosed includes the following:

  • A family social and medical history form
  • The birth mother's medical records documenting her prenatal care and the birth and delivery of the child
  • A complete set of the child's medical records documenting all medical treatment and care since the child's birth and before placement
  • All mental health, psychological, and psychiatric records, reports, and evaluations concerning the child before placement
  • The child's educational records, including all records concerning any special education needs of the child before placement
  • Records documenting all incidents that required the department to provide services to the child, any case plans drafted to address the child's needs, all protective services investigations identifying the child as a victim, and all guardian ad litem reports filed with the court concerning the child
  • Written information concerning the availability of adoption subsidies for the child, if applicable

It is unlawful for any person, except an adoption entity, to charge or accept any fee or compensation of any nature from anyone for making a referral in connection with an adoption.