What is a legal risk adoption?

A legal risk adoption is an adoption in which a prospective adoptive parent takes full legal and financial responsibility for a child before a court order finalizing the adoption is issued. In Florida, legal risk adoptions are governed by Chapter 63 of the Florida Statutes. Generally speaking, a legal risk adoption occurs in an instance when the biological parent(s) does not immediately consent to the adoption, or when the whereabouts of the biological parent(s) are unknown. In these cases, the prospective adoptive parent must assume the legal responsibility of the child while the court process is underway. In a legal risk adoption, the prospective adoptive parent will become responsible for the child’s health care, education, and other expenses during the court process. The court will also require a home study to be conducted on the prospective adoptive parent, as well as a background check. Further, it’s important to note that if the biological parent(s) surfaces after the adoption is finalized, they may be able to challenge the adoption in court. To protect the prospective adoptive parent against such a risk, they should hire an experienced adoption attorney to walk them through the adoption process and ensure that all legal requirements are met. Overall, legal risk adoptions can be complex and come with certain legal risks. It’s important that prospective adoptive parents are aware of the legal requirements and risks associated with these types of adoptions in order to make an informed decision.

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What is a legal risk adoption?

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