Guest Author
In the world of adoption, the journey to connect children with loving families is both delicate and complex.
The 2024 Florida Legislative Session began with a proposed bill to cap professional fees and birth mother support in private adoptions, which threatens to unravel the fabric of this vital service.
The consequences of such legislation would reverberate far beyond the ledger, affecting the most vulnerable among us: expectant mothers facing difficult decisions and children awaiting a place to call home.
However, thanks to the steadfast leadership of Rep. Dana Trabulsy, the Florida House has removed the dangerous language from her proposed bill. I am grateful to Rep. Trabulsy for working with the adoption community over the last few weeks and for being so dedicated to protecting the well-being of birth mothers, adoptive families, and adoptive children in our state.
Despite these positive strides in the House, the Senate’s version of the bill continues to include provisions that would impose rigid caps on fees and expenses. Such restrictions would jeopardize the viability of private adoption in Florida, creating insurmountable barriers for many involved in the adoption process.
Capping agency fees at limits that have no correlation to the actual cost of handling adoption cases will result in the closure of most adoption agencies in the state, many of which are nonprofit organizations and already rely on fundraising to sustain their programs. By limiting in-state adoption options, we inadvertently push women toward entities outside of Florida’s regulatory purview or, worse, into the hands of unregulated and illegal facilitators. We must remember that the current system requires court approval for agency fees and birthmother living expenses over $5,000 precisely to prevent financial exploitation.
In a state that has recently limited access to abortion, it is essential that we preserve adoption as a viable choice for pregnant women. For some, placing their baby for adoption is the right decision, and it is a choice that should be supported with all the resources and professional guidance necessary. This legislation will mean that many birth mothers have no choice but to turn to local government bureaucracy for adoption services. Such systems are notoriously slow, often taking many months or years longer than private adoptions — time that neither the children nor the families can afford.
The choice to pursue adoption is a profound act of love and selflessness by expectant mothers. It’s a decision that benefits not just the children and adoptive parents but enriches our society as a whole. As such, we must ensure that the path to adoption remains accessible and viable. The Senate bill, as it stands, threatens to close this path for many, at a time when we should be expanding it.
The Senate’s current trajectory risks diminishing the adoption options within our state, potentially increasing the burden on government services and pushing women toward less regulated, out-of-state alternatives. These are outcomes that we can — and must — avoid.
As a community of adoption specialists, we stand ready to work with our Senators to craft legislation that reflects the careful balance needed to protect the interests of all parties in the adoption process. We owe it to our children, to expectant mothers, and to families longing to welcome a new life into their homes.
Let us be leaders in promoting a compassionate, thoughtful approach to adoption. I urge the Senate to reconsider the implications of mandatory fee caps and to join the House in crafting a bill that supports the choice of adoption — a choice that should be celebrated and protected as a cornerstone of family creation in Florida.
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Attorney Robert C. Lamarche, JD, LCSW, is the Executive Director for ACF Adoptions, a private non–profit adoption agency that has been providing services since 1992. He is a Licensed Clinical Social Worker and a Fellow with the Academy of Adoption and Assisted Reproduction Attorneys. He can be reached at: [email protected].
