The Florida Senate

63.207  Out-of-state placement.--

(1)  Unless the child is to be placed with a relative within the third degree or with a stepparent, no person except an intermediary, an agency, or the department shall:

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

(b)  Place or attempt to place a child for the purpose of adoption with a family who primarily lives and works outside Florida in another state. An intermediary may place or attempt to place a child for adoption in another state only if the child is a special needs child as that term is defined in s. 409.166. If an intermediary is acting under this subsection, the intermediary shall 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 child in the home. The circuit court in this state must retain jurisdiction over the matter until the adoption becomes final. The adoptive parents must come to this state to have the adoption finalized. Violation of the order subjects the intermediary to contempt of court and to the penalties provided in s. 63.212.

(2)  An intermediary 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.