Contested Newborn Adoptions in Florida: Protecting Families and the Right to Choose Adoption
By: Erica T. Healey, Esq., Board-Certified Adoption Attorney
Most newborn adoptions in Florida proceed smoothly. A birth mother chooses adoption, the adoptive parents are matched, and the legal steps move forward to finalization. But in rare cases, a birth father steps forward to challenge the adoption. When that happens, the process becomes a contested adoption — and the legal path changes quickly.
For both adoptive families and birth mothers, this can be an emotional and stressful time. Understanding your rights and acting early can help protect the outcome you want for your child.
What Is a Contested Adoption?
A contested adoption occurs when a birth father or another biological parent objects to the adoption after the birth mother has already made her choice. Sometimes the birth father may not have known about the pregnancy; other times, there are disputes over consent, paternity, or the child’s best interests.
Florida adoption law provides biological parents with certain rights, but it also sets clear timelines and legal requirements for asserting those rights. Navigating these rules requires the skill of an experienced Florida adoption attorney — particularly in cases involving termination of parental rights (TPR).
Your Right to Independent Legal Representation
If you are working with an adoption agency, you might think the agency’s legal counsel represents you. In reality, that attorney often represents the agency — not you directly as the adoptive parent or expectant mother.
When an adoption becomes contested, your interests may not align perfectly with the agency’s. This is why it is critical to have your own adoption lawyer who:
- Focuses solely on protecting your rights and interests
- Has proven experience in contested adoption litigation
- Understands Florida’s adoption and TPR laws inside and out
Protecting the Birth Mother’s Right to Choose Adoption
At Tate Healey Webster, we also fight to protect a birth mother’s right to choose adoption. Florida law recognizes that a birth mother has the legal authority to make an adoption plan for her child, and we are committed to making sure her decision is honored and respected, even in the face of legal challenges.
How Tate Healey Webster Can Help
With offices in Jacksonville, Tampa, Orlando, Boca Raton, Naples, and Merritt Island, Tate Healey Webster handles contested adoptions and complex TPR cases across Florida. Our team includes five board-certified adoption attorneys, a distinction earned by fewer than one percent of Florida lawyers.
We are often called in to:
- Step into ongoing cases when disputes arise
- Represent adoptive parents in contested hearings
- Protect birth mothers whose choice of adoption is being challenged
- Advise on strategy in complex legal situations
- Move quickly to protect the stability and safety of the placement
The earlier we are involved, the more legal options we can explore — including negotiation, mediation, or full court representation.
Key Takeaways
- Act quickly. In contested adoptions, timing is critical.
- Secure independent legal counsel. Even if your agency has an attorney, you should have your own advocate.
- Choose experience. Contested adoptions require a lawyer who knows Florida adoption law in depth.
- Support birth mothers. Protecting a mother’s right to choose adoption is central to preserving safe, stable placements.
Our Commitment to Safe, Stable Adoptions
Behind every safe adoption is the right legal team. If your adoption becomes contested, or if you are a birth mother facing opposition to your adoption plan, contact our offices in Jacksonville, Tampa, Orlando, Boca Raton, Naples, or Merritt Island. We will fight for your rights and guide you through every step toward a permanent, loving home for your child.