63.012 – Short Title.
63.012 Short title.—This chapter shall be known as the “Florida Adoption Act.” History.—s. 1, ch. 73-159.
63.022 – Legislative Intent.
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 responsibility of making crucial decisions about […]
63.032 – Definitions.
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 […]
63.037 – Proceedings Applicable to Cases Resulting From a Termination of Parental Rights Under Chapter 39.
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 […]
63.039 – Duty of Adoption Entity to Prospective Adoptive Parents; Sanctions.
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 […]
63.042 – Who May Be Adopted; Who May Adopt.
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 […]
63.0422 – Prohibited Conditions on Adoptions; Firearms and Ammunition.
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 […]
63.0423 – Procedures With Respect to Surrendered Infants.
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 services station, or fire station pursuant to s. 383.50 assumes responsibility for the medical and other costs associated with the emergency services and care […]
63.0425 – Grandparent’s Right to Notice.
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 […]
63.0427 – Agreements for Continued Communication or Contact Between Adopted Child and Siblings, Parents, and Other Relatives.
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 […]
63.043 – Mandatory Screening or Testing for Sickle-Cell Trait Prohibited.
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. History.—s. 4, […]
63.052 – Guardians Designated; Proof of Commitment.
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 […]
63.053 – Rights and Responsibilities of an Unmarried Biological Father; Legislative Findings.
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 […]
63.054 – Actions Required by an Unmarried Biological Father to Establish Parental Rights; Florida Putative Father Registry.
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 […]
63.0541 – Public Records Exemption for the Florida Putative Father Registry.
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 […]
63.062 – Persons Required to Consent to Adoption; Affidavit of Nonpaternity; Waiver of Venue.
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 […]
63.063 – Responsibility of Parents for Actions; Fraud or Misrepresentation; Contesting Termination of Parental Rights and Adoption.
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 […]
63.064 – Persons Whose Consent to an Adoption May Be Waived.
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 […]
63.082 – Execution of Consent to Adoption or Affidavit of Nonpaternity; Family Social and Medical History; Revocation of Consent.
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 […]
63.085 – Disclosure by Adoption Entity.
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 statement […]