Posted by Nydia Streets of Streets Law in Florida Adoption
As part of the Florida adoption process, a biological parent’s rights are terminated. Before the parent’s rights to the child can be terminated, a process defined by statute must occur in order to ensure the parent knowingly and voluntarily gave up his or her parental rights. Alternatively, there can be a trial on whether or not the parent’s rights should be terminated. A parent’s change of mind after consent to termination has been signed can be the subject of litigation. This was an issue in the case M.J.G. v. A. Julia Graves, 4D21-1675 (Fla. 4th DCA January 5, 2022).
In this case, the mother learned she was pregnant and tried to contact the father of the child. Her attempts to contact him were unsuccessful. Thereafter, the mother contacted an adoption agency and chose a family in Michigan to adopt her child. The adoption agency contacted the father which prompted him to reach out to the mother and convince her to abandon her plans for the family in Michigan and instead allow his family members to adopt. The father suggested that by allowing his family to adopt the child, the mother would be allowed to see the child and be a part of the child’s life.
When the mother was in the hospital giving birth, she notified the adoption intermediary that she was being induced. Once the child was born, she sent a text message to the father notifying him of the birth and stating she was “scared of losing [the child] forever”. The father assured her they would both be part of the child’s life. The mother spent two full days with the child at the hospital after which the adoption intermediary brought the necessary documents to the hospital for her to sign to terminate her parental rights. The mother changed the child’s clothes, packed his bag, signed the form necessary to release the child to the intermediary and gave the child to the intermediary. The mother received partial payment that was promised as part of the adoption. She sent a message to the adoptive parents asking them to take care of the child. However, once the intermediary filed the petition to terminate her parental rights as part of the adoption process, the mother moved to set aside her consent, arguing her consent was obtained by fraud and that all requirements for termination of her parental rights under the Florida Statutes were not met. The trial court denied the mother’s request to set aside her consent and entered an order terminating her parental rights.
The appellate court noted a parent challenging the validity of a consent to termination of parental rights has the burden of proving fraud or duress by clear and convincing evidence. The court held “To prove duress, ‘it must be shown (a) that the act sought to be set aside was effected involuntarily and thus not as an exercise of free choice or will and (b) that this condition of mind was caused by some improper and coercive conduct of the opposite side.’” (internal citations omitted). Ultimately, the appellate court adopted the trial court’s detailed reasoning in its order, noting that the mother herself initiated contact with the intermediary, that she spent two full days with the child and still signed the consent, and that she was informed of her options every step of the way. The court rejected the mother’s contention that the Florida Statutes were not complied with, noting that although she was correct, the action she took essentially negated any argument that the technical requirements of the statute were not met. The court concluded ultimately that “consent to adoption cannot be withdrawn on a mere whim, change of heart or mistake.”
Adoptions must be handled carefully in order to protect the best interest of the child and ensure that a parent is freely and knowingly giving up his or her parental rights. Schedule a consultation with a Miami adoption lawyer to understand how the law may apply to the facts of your case.