Fla. Stat. § 63.012
Short title
This chapter shall be known as the “Florida Adoption Act.”
Florida Statutes Chapter 63 — ADOPTION
Florida · statute · Fla. Stat. ch. 63 · 51 active provisions
Fla. Stat. § 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 disruption of adoptive placements, and in holding parents accountable for meeting the needs of children.(b) An unmarried mother faced with the respon…
Fla. Stat. § 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, makes little or no provision for the child’s support or makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to rejec…
Fla. Stat. § 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 to chapter 39 shall be governed by s. 39.812 and this chapter. Adoption proceedings initiated under chapter 39 are exempt from the following provisions of this chapter: req…
Fla. Stat. § 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 protect and promote the well-being of persons being adopted and their parents and prospective adoptive parents by promoting certainty, finality, and per…
Fla. Stat. § 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 other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if:1. The other spouse is a parent of the pers…
Fla. Stat. § 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, storage, or use of a firearm or ammunition by any member of the adoptive home.(2) Require an adoptive parent or prospective adoptive parent to disclose informati…
Fla. Stat. § 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 pursuant to s. 383.50 assumes responsibility for the medical and other costs associated with the emergency services and care of the surrendered infant from the time the lice…
Fla. Stat. § 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 termination of parental rights pending adoption, the adoption entity shall provide notice to that grandparent of the hearing on the petition.(2) This section does not apply if…
Fla. Stat. § 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 is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or conta…
Fla. Stat. § 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 sickle-cell trait as a condition for becoming eligible for adoption if otherwise eligible for adoption under the laws of this state.
Fla. Stat. § 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 person of the minor and has the responsibility and authority to provide for the needs and welfare of the minor.(2) For minors who have been voluntarily surrendered to a…
Fla. Stat. § 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 substantial so as to require protection of a constitutional right. If an unmarried biological father fails to take the actions…
Fla. Stat. § 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 a notarized claim of paternity form with the Florida Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health which includes…
Fla. Stat. § 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 made confidential and exempt by this section shall be disclosed to:(a) An adoption entity, upon the filing of a request for a diligent search…
Fla. Stat. § 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 if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088 to:(a) The mother of the min…
Fla. Stat. § 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 with this chapter based upon any action, statement, or omission of the other parent or a third party, except as provided in s. 63.062(2)(a).(2) Any person injured by a fraudul…
Fla. Stat. § 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 has abandoned a child.(2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.(3) A parent who has been judicially declar…
Fla. Stat. § 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 in the presence of the court or by being acknowledged before a notary public and in the presence of two witnesses.2. If by an agency, by affidavit from its authorize…
Fla. Stat. § 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 minor for adoption contacts an adoption entity in person or provides the adoption entity with a mailing address, the entity must provide a written disclosure stateme…
Fla. Stat. § 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 to terminate parental rights pending adoption.(2) VENUE.—(a) A petition to terminate parental rights pending adoption must be filed:1. In the county where…
Fla. Stat. § 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 on notice that a pregnancy and an adoption proceeding regarding that child may occur and that he has a duty to protect his own rights and interest. He is, therefore, enti…
Fla. Stat. § 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 adoption is required under s. 63.062:1. A consent under s. 63.082 has been executed and filed with the court;2. An affidavit…
Fla. Stat. § 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 a stepparent if the adoption entity participates in the intended placement. The report must be made to the court before the minor is placed in the home or within 2 business da…
Fla. Stat. § 63.093
Adoption of children from the child welfare system
(1) The department or community-based care lead agency as defined in s. 409.986(3), or its subcontracted agency, must respond to an initial inquiry from a prospective adoptive parent within 7 business days after receipt of the inquiry. The response must inform the prospective adoptive parent of the adoption process and…
Page 1 of 3Next →