When an Adoption Goes Wrong at the Hospital: Why Florida Counsel Matters in Interstate Adoptions

I recently received a call from an adoptive father who was stuck in a Florida hospital with a newborn baby and no clear path forward.

He lived in Washington State.
The birth mother lived in Florida.

The baby had just been born in a Florida hospital.

They had been matched for months and had worked with an attorney in Washington. Everything seemed lined up until the hospital refused to accept the documents the out-of-state attorney prepared.

The reason was simple and devastating.

Under Florida law, every adoption involving a baby born in Florida must be handled by a Florida adoption entity. An out-of-state attorney alone is not sufficient, which his attorney had never checked.

Through no fault of their own, the adoptive parents and expectant mother were suddenly at risk of losing the adoption they had been preparing for over months.

It was a Saturday when they called our office and reached me on my cell phone.

Within hours, our team stepped in. We redrafted all documents to comply with Florida adoption law, arranged for new consents to be properly executed that day, coordinated with the hospital, and submitted the ICPC packet. ICPC approval was received within two business days and the family was able to return home!

The family was overjoyed and shocked by how quickly things moved once Florida counsel was involved.

Unfortunately, this situation is not rare.

If a baby is born in Florida, Florida adoption law applies. This is true regardless of where the adoptive parents live.

Florida requires that an adoption be handled by a licensed Florida adoption agency or a Florida adoption attorney acting as the adoption entity. Hospitals, courts, and ICPC offices will not accept documents prepared solely under another state’s law.

Families often do not learn this until they are already at the hospital.

Many out-of-state attorneys are excellent lawyers, but adoption law is highly state-specific. Florida’s requirements differ from many other states, particularly when it comes to consent language, timing, and the role of the adoption entity.

Without Florida counsel involved early, families may face:

At Tate Healey Webster, adoption is all we do. Our team includes five board certified Florida adoption attorneys and experienced paralegals who handle interstate adoptions every week.

Our board-certified adoption attorneys have handled thousands of ICPC adoptions, and our paralegals alone bring a combined 50-plus years of experience managing ICPC approvals and interstate placements.

We represent families statewide, with offices in Tampa, Orlando, Jacksonville, and across Florida. Whether a baby is born in Tampa, Orlando, Miami, or a smaller Florida community, our team is prepared to step in immediately no matter where you are.

If you are adopting a baby born in Florida and live in another state, Florida counsel is not optional. It is a legal requirement.

Having the right team involved early can prevent last-minute emergencies. Having the right team involved late can sometimes save an adoption entirely.

If you are matched with a birth parent in Florida or already at the hospital and unsure what to do next, experienced Florida adoption counsel can make all the difference.

Behind every successful adoption is a legal team that understands Florida law and handles these situations every day. Please reach out to us to see how we can help.