The Florida Senate

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 no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. If, in the opinion of the court, the efforts of such parent or person having legal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child's mother during her pregnancy.

(2)  "Adoption" means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir at law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock.

(3)  "Adoption entity" means the department, an agency, a child-caring agency registered under s. 409.176, or an intermediary.

(4)  "Adult" means a person who is not a minor.

(5)  "Agency" means any child-placing agency licensed by the department pursuant to s. 63.202 to place minors for adoption.

(6)  "Child" means a son or daughter, whether by birth or adoption.

(7)  "Court" means any circuit court of this state and, when the context requires, the court of any state that is empowered to grant petitions for adoption.

(8)  "Department" means the Department of Children and Family Services.

(9)  "Intermediary" means an attorney who is licensed or authorized to practice in this state and who is placing or intends to place a child for adoption or, for the purpose of adoptive placements of children from out of state with citizens of this state, a child-placing agency licensed in another state that is qualified by the department.

(10)  "Legal custody" has the meaning ascribed in s. 39.01

(11)  "Minor" means a person under the age of 18 years.

(12)  "Parent" has the same meaning ascribed in s. 39.01

(13)  "Person" includes a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association, and any other legal entity.

(14)  "Relative" has the same meaning ascribed in s. 39.01

(15)  "To place" or "placement" means the process of a person giving a child up for adoption and the prospective parents receiving and adopting the child, and includes all actions by any person or adoption entity participating in the process.

(16)  "Primarily lives and works outside Florida" means anyone who does not meet the definition of "primary residence and place of employment in Florida."

(17)  "Primary residence and place of employment in Florida" means a person lives and works in this state at least 6 months of the year and intends to do so for the foreseeable future or military personnel who designate Florida as their place of residence in accordance with the Soldiers' and Sailors' Civil Relief Act of 1940 or employees of the United States Department of State living in a foreign country who designate Florida as their place of residence.

(18)  "Suitability of the intended placement" includes the fitness of the intended placement, with primary consideration being given to the welfare of the child; the fitness and capabilities of the adoptive parent or parents to function as parent or parents for a particular child; any familial relationship between the child and the prospective placement; and the compatibility of the child with the home in which the child is intended to be placed.

History.--s. 3, ch. 73-159; s. 3, ch. 75-226; s. 14, ch. 77-147; s. 2, ch. 80-296; s. 2, ch. 82-166; s. 1, ch. 84-101; s. 3, ch. 87-397; s. 1, ch. 88-109; ss. 3, 25, ch. 92-96; s. 11, ch. 97-101; s. 7, ch. 2001-3.