Expediting Resolution of Difficult Adoption Disputes
In In re Adoption of Baby E.A.W., 658 So. 2d 961 (Fla. 1995), and other cases involving protracted adoption litigation, it becomes clear that the earlier the issue of notice is decided by the court, the earlier the balance of the issues can be litigated.
Because both parents' constitutional standing and guarantees of due process require notice and an opportunity to be heard, this rule amendment will help solve the problems of adoption litigation lasting until a child's third, fourth, or even fifth birthday.
Furthermore, this rule will encourage both parents to be more candid with intermediaries and attorneys involved in the adoption process.
In E.A.W., 658 So. 2d at 979, Justice Kogan, concurring in part and dissenting in part, stated: AI personally urge the Family Law Rules Committee . . . to study possible methods of expediting review of disputes between biological and adoptive parents. at This rule expedites resolution of preliminary matters concerning due process in difficult adoption disputes.
This rule also mandates early consideration of the child's rights to due process at early stages of adoption litigation.