Adoption can be one of the most meaningful and emotional legal processes a family ever undertakes. But not all adoptions follow a predictable path, especially when a child is involved in a Florida dependency proceeding. In these complex cases, adoption intervention may provide a path forward for both birth parents and prospective adoptive families.
At Tupper Law, P.A., we guide Jacksonville families and individuals through the adoption intervention process, ensuring compliance with Florida’s Chapter 39 while protecting the rights of all parties. Whether you’re a biological parent seeking a voluntary adoption plan or a prospective adoptive family navigating legal obstacles, Tupper Law can help.
What Is Adoption Intervention?
Adoption intervention is a legal process under Florida Statute § 39.812 that allows biological parents to choose to place their child for adoption with a private adoptive family, even after the state has initiated a dependency proceeding. Unlike traditional adoptions initiated through child welfare agencies, adoption intervention empowers birth parents to actively participate in selecting adoptive parents while the child is still under state supervision.
This process is typically used before parental rights are formally terminated, but after the child has been removed from the parents’ custody. By working with a licensed child-placing agency or adoption attorney, biological parents can regain some control over the child’s future while meeting the legal requirements of Florida’s dependency system.
When Is Adoption Intervention Used?
Adoption intervention typically occurs in emotionally charged and time-sensitive situations, such as:
- Biological parents changing their minds about working with the Department of Children and Families (DCF) and instead choosing a private adoptive family.
- Prospective adoptive parents stepping in during a dependency case involving a relative or known child.
- Cases where a child is placed in foster care, but the biological parent prefers a specific adoptive placement.
In all these situations, adoption intervention must be approved by the dependency court, and the process must align with the child’s best interests.
Legal Steps in the Adoption Intervention Process
Adoption intervention involves several legal steps, and working with an experienced attorney is essential to navigating them properly. Here’s how the process typically unfolds in Florida:
Contacting a Licensed Adoption Entity
The biological parent must work with a licensed child-placing agency or a Florida-licensed adoption attorney. This entity will help coordinate the placement, ensure compliance with statutory requirements, and present the case to the court.
Filing a Petition for Intervention
The prospective adoptive parents, through their attorney, must file a petition to intervene in the dependency case. This petition is submitted to the juvenile court handling the child’s case. It must include supporting documentation, such as consent from the biological parent(s) and details of the adoptive placement.
Court Review and Hearing
The dependency court will review the petition and determine whether the proposed intervention serves the best interests of the child. If approved, custody can be transferred to the prospective adoptive parents, and the dependency case may be dismissed or transitioned into an adoption proceeding.
Termination of Parental Rights
If not already completed, the biological parents’ rights must be voluntarily or involuntarily terminated before the adoption can be finalized. If a biological parent changes their mind or contests the adoption, the court must evaluate the legitimacy and timing of the withdrawal of consent.
When a Biological Parent Changes Their Mind
A key challenge in adoption intervention cases involves situations where a biological parent initially consents to adoption but later contests it. Under Florida law, consent to adoption is generally irrevocable once signed—unless it was obtained through fraud or duress. However, if the biological parent seeks to revoke consent before parental rights are terminated or before a final judgment is entered, the court must weigh the child’s best interests against the parent’s legal arguments.
This is where strategic legal representation becomes critical. Tupper Law, P.A. represents both prospective adoptive parents and birth parents in these sensitive disputes, advocating for fair outcomes that respect legal rights and protect the welfare of the child.
Protecting the Rights of Prospective Adoptive Parents
Prospective adoptive parents who intervene in dependency cases may find themselves facing legal uncertainty, particularly if the biological parents contest the placement. Our firm helps clients:
- Draft legally sound intervention petitions
- Prepare for evidentiary hearings
- Respond to contested motions
- Navigate potential appeals or disruptions
We work proactively to minimize legal risk and help adoptive families establish a secure and lasting relationship with the child.
Jacksonville Legal Support for Adoption Intervention
Adoption intervention offers an opportunity to give children in dependency cases the stability of a permanent home with a family chosen by their biological parents. However, the legal process can be complex, and timing is often critical.
At Tupper Law, P.A., we offer skilled legal guidance for adoption intervention cases in Jacksonville and throughout Florida. Whether you are a birth parent looking to take control of your child’s future or a prospective adoptive family seeking to intervene in a dependency matter, we are here to help. Contact Tupper Law, P.A. today to schedule a consultation and learn more about how adoption intervention may be the right path for your family.