Florida Statutes Title VI Chapter 63 - Adoption

• 63.012 - Short Title.
  This chapter shall be known as the “Florida Adoption Act.”History.—s. 1, ch. 73-159.
• 63.022 - Legislative Intent.
  (1) The Legislature finds that:(a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the...
• 63.032 - Definitions.
  As used in this chapter, the term:(1) “Abandoned” means a situation in which the parent or person having legal custody of a child, while being able,...
• 63.037 - Proceedings Applicable To Cases Resulting From A Termination Of Parental Rights Under Chapter 39.
  A case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant...
• 63.039 - Duty Of Adoption Entity To Prospective Adoptive Parents; Sanctions.
  (1) An adoption entity placing a minor for adoption has an affirmative duty to follow the requirements of this chapter and specifically the following provisions, which...
• 63.042 - Who May Be Adopted; Who May Adopt.
  (1) Any person, a minor or an adult, may be adopted.(2) The following persons may adopt:(a) A husband and wife jointly;(b) An unmarried adult; or(c) A married person without the...
• 63.0422 - Prohibited Conditions On Adoptions; Firearms And Ammunition.
  An adoption agency or entity, whether public or private, may not:(1) Make a determination that a person is unsuitable to adopt based on the lawful possession,...
• 63.0423 - Procedures With Respect To Surrendered Infants.
  (1) Upon entry of final judgment terminating parental rights, a licensed child-placing agency that takes physical custody of an infant surrendered at a hospital, emergency medical...
• 63.0425 - Grandparent’s Right To Notice.
  (1) If a child has lived with a grandparent for at least 6 months within the 24-month period immediately preceding the filing of a petition for...
• 63.0427 - Agreements For Continued Communication Or Contact Between Adopted Child And Siblings, Parents, And Other Relatives.
  (1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to s. 39.811, and who...
• 63.043 - Mandatory Screening Or Testing For Sickle-cell Trait Prohibited.
  No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall require screening or testing for the...
• 63.052 - Guardians Designated; Proof Of Commitment.
  (1) For minors who have been placed for adoption with an adoption entity, other than an intermediary, such adoption entity shall be the guardian of the...
• 63.053 - Rights And Responsibilities Of An Unmarried Biological Father; Legislative Findings.
  (1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining whether an unmarried biological father’s actions are sufficiently prompt and...
• 63.054 - Actions Required By An Unmarried Biological Father To Establish Parental Rights; Florida Putative Father Registry.
  (1) In order to preserve the right to notice and consent to an adoption under this chapter, an unmarried biological father must, as the “registrant,” file...
• 63.0541 - Public Records Exemption For The Florida Putative Father Registry.
  (1) All information contained in the Florida Putative Father Registry is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.(2) Information...
• 63.062 - Persons Required To Consent To Adoption; Affidavit Of Nonpaternity; Waiver Of Venue.
  (1) Unless supported by one or more of the grounds enumerated under s. 63.089(3), a petition to terminate parental rights pending adoption may be granted only...
• 63.063 - Responsibility Of Parents For Actions; Fraud Or Misrepresentation; Contesting Termination Of Parental Rights And Adoption.
  (1) Each parent of a child conceived or born outside of marriage is responsible for his or her actions and is not excused from strict compliance...
• 63.064 - Persons Whose Consent To An Adoption May Be Waived.
  The court may waive the consent of the following individuals to an adoption:(1) A parent who has deserted a child without means of identification or who...
• 63.082 - Execution Of Consent To Adoption Or Affidavit Of Nonpaternity; Family Social And Medical History; Revocation Of Consent.
  (1)(a) Consent to an adoption or an affidavit of nonpaternity shall be executed as follows:1. If by the person to be adopted, by oral or written statement...
• 63.085 - Disclosure By Adoption Entity.
  (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE PARENTS.—Within 14 days after a person seeking to adopt a minor or a person seeking to place a...
• 63.087 - Proceeding To Terminate Parental Rights Pending Adoption; General Provisions.
  (1) JURISDICTION.—A court of this state which is competent to decide child welfare or custody matters has jurisdiction to hear all matters arising from a proceeding...
• 63.088 - Proceeding To Terminate Parental Rights Pending Adoption; Notice And Service; Diligent Search.
  (1) NOTICE REQUIRED.—An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be...
• 63.089 - Proceeding To Terminate Parental Rights Pending Adoption; Hearing; Grounds; Dismissal Of Petition; Judgment.
  (1) HEARING.—The court may terminate parental rights pending adoption only after a hearing.(2) HEARING PREREQUISITES.—The court may hold the hearing only when:(a) For each person whose consent to...
• 63.092 - Report To The Court Of Intended Placement By An Adoption Entity; At-risk Placement; Preliminary Study.
  (1) REPORT TO THE COURT.—The adoption entity must report any intended placement of a minor for adoption with any person who is not a relative or...
• 63.097 - Fees.
  (1) When the adoption entity is an agency, fees may be assessed if they are approved by the department within the process of licensing the agency...
• 63.102 - Filing Of Petition For Adoption Or Declaratory Statement; Venue; Proceeding For Approval Of Fees And Costs.
  (1) PETITION FOR ADOPTION.—A petition for adoption may not be filed until after the entry of the judgment or decree terminating parental rights unless the adoptee...
• 63.112 - Petition For Adoption; Description; Report Or Recommendation, Exceptions; Mailing.
  (1) The petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court and shall state:(a) The date and...
• 63.122 - Notice Of Hearing On Petition.
  (1) The hearing on the petition to adopt a minor may not be held sooner than 30 days after the date the judgment terminating parental rights...
• 63.125 - Final Home Investigation.
  (1) The final home investigation must be conducted before the adoption becomes final. The investigation may be conducted by a licensed child-placing agency or a professional...
• 63.132 - Affidavit Of Expenses And Receipts.
  (1) Before the hearing on the petition for adoption, the prospective adoptive parent and any adoption entity must file two copies of an affidavit under this...
• 63.135 - Information To Be Submitted To The Court.
  (1) The adoption entity or petitioner must file an affidavit under the Uniform Child Custody Jurisdiction and Enforcement Act in the termination of parental rights proceeding...
• 63.142 - Hearing; Judgment Of Adoption.
  (1) APPEARANCE.—The petitioner and the person to be adopted shall appear either in person or, with the permission of the court, telephonically before a person authorized...
• 63.152 - Application For New Birth Record.
  Within 30 days after entry of a judgment of adoption, the clerk of the court or the adoption entity shall transmit a certified statement of...
• 63.162 - Hearings And Records In Adoption Proceedings; Confidential Nature.
  (1) All hearings held in proceedings under this act shall be held in closed court without admittance of any person other than essential officers of the...
• 63.165 - State Registry Of Adoption Information; Duty To Inform And Explain.
  Notwithstanding any other law to the contrary, the department shall maintain a registry with the last known names and addresses of an adoptee and his...
• 63.167 - State Adoption Information Center.
  (1) The department shall establish a state adoption information center for the purpose of increasing public knowledge about adoption and promoting to adolescents and pregnant women...
• 63.172 - Effect Of Judgment Of Adoption.
  (1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect:(a) It relieves the...
• 63.182 - Statute Of Repose.
  (1) Notwithstanding s. 95.031 or s. 95.11 or any other statute, an action or proceeding of any kind to vacate, set aside, or otherwise nullify a...
• 63.192 - Recognition Of Foreign Judgment Or Decree Affecting Adoption.
  A judgment terminating the relationship of parent and child or establishing the relationship by adoption, or a decree granting legal guardianship for purposes of adoption,...
• 63.202 - Authority To License; Adoption Of Rules.
  (1) The Department of Children and Families is authorized and empowered to license child placement agencies that it determines to be qualified to place minors for...
• 63.207 - Out-of-state Placement.
  (1) Unless the parent placing a minor for adoption files an affidavit that the parent chooses to place the minor outside the state, giving the reason...
• 63.212 - Prohibited Acts; Penalties For Violation.
  (1) It is unlawful for any person:(a) To place or attempt to place a minor for adoption with a person who primarily lives and works outside this...
• 63.213 - Preplanned Adoption Agreement.
  (1) Individuals may enter into a preplanned adoption arrangement as specified in this section, but such arrangement may not in any way:(a) Effect final transfer of custody...
• 63.219 - Sanctions.
  Upon a finding by the court that an adoption entity has willfully violated any substantive provision of this chapter relative to the rights of the...
• 63.222 - Effect On Prior Adoption Proceedings.
  Any adoption made before July 1, 2012, is valid, and any proceedings pending on that date and any subsequent amendments thereto are not affected thereby...
• 63.232 - Duty Of Person Adopting.
  In order to protect the rights of all the parties involved in an adoption, any person adopting or attempting to adopt another person shall comply...
• 63.2325 - Conditions For Invalidation Of A Consent To Adoption Or Affidavit Of Nonpaternity.
  Notwithstanding the requirements of this chapter, a failure to meet any of those requirements does not constitute grounds for invalidation of a consent to adoption...
• 63.233 - Rulemaking Authority.
  The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.History.—s. 11, ch. 87-397; s. 10, ch. 98-200.
• 63.235 - Petitions Filed Before Effective Date; Governing Law.
  Any petition for adoption filed before the effective date of this act shall be governed by the law in effect at the time the petition...
• 63.236 - Petitions Filed Before July 1, 2008; Governing Law.
  A petition for termination of parental rights filed before July 1, 2008, is governed by the law in effect at the time the petition was...

Last modified: September 23, 2016