Urge That CS/HB 141 Be Signed Into Law

                                                                                                               April 3, 2001

Governor Jeb Bush
Florida Capitol
Tallahassee, FL 32399

RE: Urge That CS/HB 141 Be Signed Into Law

Dear Governor Bush:

   Separately you have received a copy of a letter by Archbishop Favalora to key legislators expressing support for the adoption bill. You have also received a letter from Bishop John J. Snyder on behalf of all of the Bishops in support of this legislation. Bishop Snyder serves as the Episcopal Moderator to the Social Development Commission which oversees the adoption activities of the Catholic Charities Agencies in the State of Florida. To these letters, I add my personal encouragement that you sign this bill into law.

   The Florida Catholic Conference, along with many others including the Florida Bar, have long been involved in advocating for improvements to Florida’s adoption law. Among the principles we have consistently advanced is that a reasonable time frame must be allotted for a birth parent to sign a consent. There must be adequate span for the birth mother to recover from physical and emotional stress and there must be reasonable time frame for a revocation period. CS/HB 141 provides the consent to adoption may not be signed until 48 hours after the child is born or until the birth mother’s release from the hospital, so that the birth mother has an opportunity to recover from the delivery of the baby before signing the consent for adoption. Other states require greater lengths of time, but this provision is very reasonable and improves Florida’s law. A separate provision in the bill provides that a birth parent of a child who is not a newborn may revoke a consent to adoption for any reason within three days of signing it. In a decision as monumental as this, a 72-hour revocation period is certainly reasonable.

   An area generating considerable controversy is the diligent search for a father. We strongly support that notice to birth fathers should be timely and that a diligent search should be required. Reputable agencies and other entities already complete these searches. Constitutional rights as well as God given rights and responsibilities, as well as the indelible historical fact of father’s parenthood are all reasons for this position. More compelling, however, is the fact that this search is necessary to ensure that adoption will not be contested after the fact. Present Florida law provides for a one year statute of repose following termination of parental rights. This provision allows for finality of adoptions, as well as protection for the child and adoptive parents, the birth parents and the child.

   This legislation may not be perfect, but sponsors have pledged this willingness to make adjustments in any area in which the adoption triad may be adversely affected. Legislators from both Chambers, themselves adoptive parents, spoke passionately in favor of this bill. We are strongly convinced that a great deal of positive change is contained in this legislation and we urge that you sign it into law.

                                                                                                              Sincerely yours,



                                                                                                              D. Michael McCarron
                                                                                                              Executive Director

DMMc:cs