The Florida Senate

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 minor.

(b)  The father of the minor, if:

1.  The minor was conceived or born while the father was married to the mother;

2.  The minor is his child by adoption; or

3.  The minor has been established by court proceeding to be his child.

(c)  If there is no father as set forth in paragraph (b), any man established to be the father of the child by scientific tests that are generally acceptable within the scientific community to show a probability of paternity.

(d)  If there is no father as set forth in paragraph (b) or paragraph (c), any man who the mother has reason to believe may be the father of the minor and who:

1.  Has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor and has filed such acknowledgment with the Office of Vital Statistics of the Department of Health;

2.  Has provided, or has attempted to provide, the child or the mother during her pregnancy with support in a repetitive, customary manner; or

3.  Has been identified by the birth mother as a person she has reason to believe may be the father of the minor in an action to terminate parental rights pending adoption pursuant to this chapter.

(e)  Any person who is a party in any pending proceeding in which paternity, custody, or termination of parental rights regarding the minor is at issue.

(f)  Any father who has provided, or has attempted to provide, the child or the mother during her pregnancy with support in a repetitive, customary manner, if consent has been obtained under paragraph (a) and subparagraph (b)1.

(g)  The minor, if more than 12 years of age, unless the court in the best interest of the minor dispenses with the minor's consent.

(2)  Any person whose consent is required under paragraph (1)(c) or paragraph (1)(d) may execute an affidavit of nonpaternity in lieu of a consent under this section and by doing so waives notice to all court proceedings after the date of execution. An affidavit of nonpaternity must be executed as provided in s. 63.082. The person executing the affidavit must receive disclosure under s. 63.085 prior to signing the affidavit.

(3)  A person who signs a consent to adoption or an affidavit of nonpaternity must be given reasonable notice of his or her right to select a person who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents to be present when the consent to adoption or affidavit of nonpaternity is executed and to sign the consent or affidavit as a witness.

(4)  An affidavit of nonpaternity must be in substantially the following form:

1.  I have personal knowledge of the facts stated in this affidavit.

2.  I have been told that _____ has a child. I shall not establish or claim paternity for this child, whose name is _____ and whose date of birth is _____.

3.  The child referenced in this affidavit was not conceived or born while the birth mother was married to me. I AM NOT MARRIED TO THE BIRTH MOTHER, nor do I intend to marry the birth mother.

4.  With respect to the child referenced in this affidavit, I have not provided the birth mother with child support or prebirth support; I have not provided her with prenatal care or assisted her with medical expenses; I have not provided the birth mother or her child or unborn child with support of any kind, nor do I intend to do so.

5.  I have no interest in assuming the responsibilities of parenthood for this child. I will not acknowledge in writing that I am the father of this child or institute court proceedings to establish the child as mine.

6.  I do not object to any decision or arrangements _____ makes regarding this child, including adoption.

7.  I have been told of my right to choose a person who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents to be present when this affidavit is executed and to sign it as a witness.

I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO TERMINATE PARENTAL RIGHTS OR FINALIZE AN ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

(5)  The court may require that consent be executed by:

(a)  Any person lawfully entitled to custody of the minor; or

(b)  The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor has no authority to consent to the adoption.

(6)  The petitioner must make good faith and diligent efforts as provided under s. 63.088 to notify, and obtain written consent from, the persons required to consent to adoption under this section.

(7)  If parental rights to the minor have previously been terminated, a licensed child-placing agency, a child-caring agency registered under s. 409.176, or the department with which the minor has been placed for subsequent adoption may provide consent to the adoption. In such case, no other consent is required.

(8)  A petition to adopt an adult may be granted if:

(a)  Written consent to adoption has been executed by the adult and the adult's spouse, if any.

(b)  Written consent to adoption has been executed by the parents, if any, or proof of service of process has been filed, showing notice has been served on the parents as provided in this chapter.

(9)(a)  In cases involving a child younger than 6 months of age in which venue for the termination of parental rights may be located in a county other than where the parent whose rights are to be terminated resides, the adoption entity must obtain, from any party executing an affidavit of nonpaternity or consent, a waiver of venue, which must be filed with the petition and must be in substantially the following form:

I understand that I have the right to require that the Petition to terminate my parental rights be filed in the county where I reside. I waive such right so that the Petition to Terminate Parental Rights may be filed by  (adoption entity)  in  (county name)  County, Florida.

I understand that, after signing this waiver, I may object to the county where the proceedings to terminate my parental rights will be held by appearing at the hearing or by filing a written objection, on the attached form, with the Clerk of the Court who is located at  (address of court) . If I later object to this transfer of venue, the case will be transferred to a county in Florida in which I reside if I intend to assert legally recognized grounds to contest a termination of parental rights. If I have no such residence, the case will be transferred to a county where another parent resides or where at least one parent resided at the time of signing a consent or affidavit of nonpaternity.

(b)1.  The waiver of venue must be a separate document containing no consents, disclosures, or other information unrelated to venue.

2.  Adoption entities must attach to the waiver of venue a form that the parent whose rights are to be terminated may use to request a transfer of venue for the proceeding. This form must contain the intended caption of the action for termination of parental rights and information identifying the child which will be sufficient for the clerk to properly file the form upon receipt.

3.  This form must include a notice that if an adoption entity knows that a parent whose rights will be terminated intends to object to the termination but intentionally files the petition for termination of parental rights in a county which is not consistent with the required venue under such circumstances, the adoption entity shall be responsible for the attorney's fees of the parent contesting the transfer of venue.

History.--s. 6, ch. 73-159; s. 4, ch. 75-226; s. 16, ch. 77-147; s. 1, ch. 77-446; s. 6, ch. 92-96; s. 11, ch. 95-280; s. 84, ch. 97-237; s. 13, ch. 2001-3.