The Florida Senate

63.207  Out-of-state placement.--

(1)  Unless the parent placing a minor for adoption files an affidavit that the parent chooses to place the minor outside the state, giving the reason for that placement, or the minor is to be placed with a relative within the third degree or with a stepparent, or the minor is a special needs child, as defined in s. 409.166, or for other good cause shown, an adoption entity may not:

(a)  Take or send a minor out of the state for the purpose of placement for adoption; or

(b)  Place or attempt to place a minor for the purpose of adoption with a family who primarily lives and works outside Florida in another state. If an adoption entity is acting under this subsection, the adoption entity must file a petition for declaratory statement pursuant to s. 63.102 for prior approval of fees and costs. The court shall review the costs pursuant to s. 63.097 The petition for declaratory statement must be converted to a petition for an adoption upon placement of the minor in the home. The circuit court in this state must retain jurisdiction over the matter until the adoption becomes final. The prospective adoptive parents must come to this state to have the adoption finalized. Violation of the order subjects the adoption entity to contempt of court and to the penalties provided in s. 63.212

(2)  An adoption entity may not counsel a birth mother to leave the state for the purpose of giving birth to a child outside the state in order to secure a fee in excess of that permitted under s. 63.097 when it is the intention that the child is to be placed for adoption outside the state.

(3)  When applicable, the Interstate Compact on the Placement of Children authorized in s. 409.401 shall be used in placing children outside the state for adoption.

History.--s. 12, ch. 75-226; s. 24, ch. 77-147; s. 8, ch. 78-190; s. 4, ch. 84-101; s. 9, ch. 87-397; s. 21, ch. 92-96; s. 30, ch. 2001-3.