In Florida, a minor, irrespective of age, has the authority to place his or her child for adoption. Even without his or her own parent’s permission, a minor’s consent to adoption is valid and binding upon execution, as long as it’s properly executed. See F.S. 63.082(1)(b) and (c).
If the minor is 14 years of age or younger, his or her signature must be witnessed by a parent, legal guardian, or court-appointed guardian ad litem. This requirement is not to be construed as a requirement for permission from the parent, legal guardian or guardian ad litem. If the parent, etc., refuses to witness execution, the minor could request appointment of a guardian ad litem from the court. The sole purpose of the guardian ad litem would then be to report to the court what is in the minor parent’s best interests. If the guardian ad litem believes it’s in the minor parent’s best interests to place the child for adoption, the court can allow the guardian ad litem to witness the minor parent’s signature.
If the minor is over the age of 14, his or her signature does not need to be witnessed by the minor’s parent, legal guardian or guardian ad litem. No matter the age at the time he or she executes the consent, a minor cannot revoke the consent upon reaching the age of majority.
The same laws apply to a minor father, except that the minor father may instead execute an affidavit of non-paternity any time before or after the baby’s birth. The affidavit of non-paternity is also valid upon execution and cannot be revoked when the minor father reaches the age of majority.
The contents of this website are intended for informational purposes only, and not to be construed as legal advice. Please consult with an attorney of your own choosing to determine your legal rights and obligations.