The Florida Senate

63.085  Disclosure by intermediary.--

(1)  An intermediary must disclose the following circumstances to persons seeking to adopt a child being placed for adoption by the intermediary:

(a)  That the payment of the medical or hospital care and counseling received by the birth mother or by the minor during the mother's prenatal care and confinement or of the living expenses of the birth mother does not guarantee that the birth mother will give the required consent for adoption of the child.

(b)  That a favorable preliminary home study and a home investigation must be completed as required by this chapter.

(c)  That a consent for adoption which is executed pursuant to s. 63.082 is binding from the time of valid execution of consent, unless it is shown that the consent was obtained by fraud or duress.

(d)  That the termination of parental rights will occur simultaneously with the finalization of the adoption, which will occur no sooner than 90 days after placement.

(e)  That, pursuant to s. 63.182, for a period of 1 year from the entry of a judgment of adoption, any irregularity or procedural defect in the adoption proceeding may be the subject of an appeal contesting the validity of the judgment.

(f)  Written acknowledgment must be provided by the intermediary, signed by the persons required to consent to adoption pursuant to s. 63.062, that the intermediary has informed them that he or she represents the adoptive parents and that regarding the birth parents, he or she acts only as intermediary for placement of the child.

(2)  The intermediary must obtain a statement signed by the persons seeking to adopt a child that they have been informed of the circumstances enumerated in subsection (1). A copy of the statement must be maintained in the files of the intermediary, and a copy must be included in the preliminary home study required in s. 63.092(2).

History.--s. 1, ch. 84-28; s. 2, ch. 88-109; s. 8, ch. 92-96; s. 338, ch. 95-147.