Senate Bill sb2456e1
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1 A bill to be entitled
2 An act relating to adoption; amending s.
3 63.022, F.S.; providing legislative findings
4 and intent with respect to the rights and
5 responsibilities of adoptive children,
6 biological parents, and adoptive parents;
7 providing that certain requirements do not
8 apply to an adoption involving a relative or
9 stepchild; providing legislative intent
10 concerning cooperation between the Department
11 of Children and Family Services and private
12 adoption entities; amending s. 63.032, F.S.;
13 revising definitions; defining the terms
14 "unmarried biological father" and "adoption
15 plan"; amending s. 63.039, F.S.; providing for
16 an award of certain fees and costs in the event
17 of fraud or duress at the discretion of the
18 court; requiring that certain court findings of
19 sanctionable conduct be forwarded to the Office
20 of the Attorney General; amending s. 63.042,
21 F.S.; revising provisions specifying who may
22 adopt; amending s. 63.0423, F.S.; revising
23 references to newborn infants; authorizing a
24 child-placing agency to remove an abandoned
25 infant from a placement under certain
26 circumstances; revising requirements for
27 conducting a diligent search to identify a
28 parent of an abandoned infant; revising certain
29 requirements for the court; revising time
30 periods for providing notice of certain
31 actions; revising the period within which a
1
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1 judgment of termination of parental rights may
2 be voided; amending s. 63.0425, F.S.; revising
3 requirements for notifying a grandparent with
4 whom the child has resided of a hearing on a
5 petition for termination of parental rights;
6 deleting a requirement that the court give
7 first priority for adoption to the grandparent
8 under certain conditions; amending s. 63.0427,
9 F.S.; revising provisions governing a minor's
10 right to communicate with siblings and other
11 relatives; providing for postadoption
12 communication or contact with parents whose
13 parental rights have been terminated; amending
14 s. 63.043, F.S.; deleting provisions
15 prohibiting certain screening or testing for
16 purposes of employment or admission into
17 educational institutions; amending s. 63.052,
18 F.S.; revising provisions specifying the entity
19 that may be the guardian of a minor placed for
20 an adoption; revising the responsibilities and
21 authority of the guardian; creating s. 63.053,
22 F.S.; providing legislative findings with
23 respect to the rights and responsibilities of
24 an unmarried biological father; creating s.
25 63.054, F.S.; providing requirements for the
26 unmarried biological father to establish
27 parental rights; creating the Florida Putative
28 Father Registry within the Office of Vital
29 Statistics of the Department of Health;
30 providing requirements for registering with the
31 Florida Putative Father Registry; providing
2
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1 requirements for searching the registry;
2 directing the Department of Health to provide
3 for an application and inform the public of the
4 Florida Putative Father Registry; providing for
5 removal of the registrant s name from the
6 registry; providing rulemaking authority;
7 amending s. 63.062, F.S.; revising provisions
8 specifying the persons from whom a consent for
9 adoption is required; providing conditions
10 under which the consent for adoption of an
11 unmarried biological father must be obtained;
12 authorizing the execution of an affidavit of
13 nonpaternity prior to the birth of the child;
14 deleting requirements for a form for the
15 affidavit of nonpaternity; revising the
16 conditions under which a petition to adopt an
17 adult may be granted; revising venue
18 requirements for terminating parental rights;
19 creating s. 63.063, F.S.; providing for the
20 responsibilities of each party pertaining to
21 fraudulent actions; providing requirements for
22 a biological father to contest a termination of
23 parental rights; creating s. 63.064, F.S.;
24 authorizing the court to waive the requirement
25 that consent for adoption be obtained from
26 certain persons; amending s. 63.082, F.S.;
27 revising requirements for executing a consent
28 for adoption and obtaining certain information
29 concerning the child and birth parents;
30 providing for executing an affidavit of
31 nonpaternity prior to the birth of the child;
3
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1 authorizing an adoption entity to intervene as
2 a party in interest under certain
3 circumstances; providing for placement of a
4 minor when the minor is in the custody of the
5 Department of Children and Family Services;
6 revising requirements for withdrawing a consent
7 for adoption; amending s. 63.085, F.S.;
8 revising the requirements for required
9 disclosures by an adoption entity; amending s.
10 63.087, F.S.; revising provisions governing the
11 proceedings for terminating parental rights
12 pending adoption; revising the venue
13 requirements for filing a petition to terminate
14 parental rights; revising requirements for a
15 petition for terminating parental rights
16 pending adoption; amending s. 63.088, F.S.;
17 providing for limited notice requirements for
18 an unmarried biological father; revising the
19 period within which an inquiry and diligent
20 search must be initiated; revising requirements
21 for notice concerning the termination of
22 parental rights; revising the individuals for
23 whom information regarding identity is
24 required; revising the inquiries required for
25 diligent search; revising requirements for
26 constructive service; amending s. 63.089, F.S.;
27 revising hearing requirements for terminating
28 parental rights; revising conditions under
29 which the court may enter a judgment
30 terminating parental rights; revising
31 conditions for making a finding of abandonment;
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1 revising requirements for issuing and voiding a
2 judgment terminating parental rights; amending
3 s. 63.092, F.S.; revising requirements for
4 placing of a minor by an adoption entity;
5 revising requirements for a preliminary home
6 study; amending s. 63.097, F.S.; revising the
7 fees, costs, and expenses that may be assessed
8 by an adoption entity; revising the total of
9 the fees, costs, and expenses for which court
10 approval is required; prohibiting certain fees,
11 costs, and expenses; amending s. 63.102, F.S.;
12 revising the period within which a petition for
13 adoption may be filed; providing for exceptions
14 for adoptions of adults and adoptions by
15 stepparents and relatives; revising
16 requirements pertaining to prior approval of
17 fees and costs; providing for the clerk of the
18 court to charge one filing fee for certain
19 adoption-related actions; amending s. 63.112,
20 F.S.; revising requirements for the petition
21 documents for an adoption; amending s. 63.122,
22 F.S.; providing requirements for the notice of
23 the hearing on the petition for adoption;
24 amending s. 63.125, F.S.; revising the period
25 within which a home investigation report must
26 be filed; amending s. 63.132, F.S.; revising
27 the period within which an affidavit of
28 expenses and receipts must be filed; revising
29 requirements for the affidavit of expenses and
30 receipts; providing an exception for the
31 adoption of a relative or an adult; amending s.
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1 63.135, F.S.; requiring that certain
2 information be provided to the court for all
3 adoption proceedings; amending s. 63.142, F.S.;
4 allowing persons to appear before the court
5 telephonically; revising conditions under which
6 a judgment terminating parental rights is
7 voidable; revising requirements pertaining to
8 the court's consideration of setting aside a
9 judgment terminating parental rights; amending
10 s. 63.152, F.S.; revising the entities
11 responsible for preparing a statement of the
12 adoption for the state registrar of vital
13 statistics; requiring the clerk of the court to
14 transmit the statement of the adoption to the
15 state registrar; amending s. 63.162, F.S.;
16 revising certain notice requirements concerning
17 the disclosure of information pertaining to an
18 adoption; amending s. 63.167, F.S.; authorizing
19 the department to contract with more than one
20 child-placing agency for the operation of a
21 state adoption information center; amending s.
22 63.182, F.S.; revising the statute of repose to
23 conform to changes made by the act; repealing
24 s. 63.185, F.S., relating to the residency
25 requirement for adoptions; amending s. 63.207,
26 F.S.; providing for the court's jurisdiction
27 with respect to out-of-state placements;
28 amending s. 63.212, F.S.; requiring an
29 out-of-state adoption to be in compliance with
30 the Interstate Compact for the Placement of
31 Children when applicable; deleting certain
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1 provisions concerning preplanned adoption
2 agreements; revising acts that are unlawful
3 pertaining to adoptions; creating s. 63.213,
4 F.S.; providing requirements for a preplanned
5 adoption arrangement; providing definitions;
6 amending s. 63.219, F.S.; revising conditions
7 under which the court may sanction an adoption
8 entity; amending s. 63.235, F.S.; providing
9 application; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 63.022, Florida Statutes, is
14 amended to read:
15 63.022 Legislative intent.--
16 (1) The Legislature finds that:
17 (a) The state has a compelling interest in providing
18 stable and permanent homes for adoptive children in a prompt
19 manner, in preventing the disruption of adoptive placements,
20 and in holding parents accountable for meeting the needs of
21 children.
22 (b) An unmarried mother faced with the responsibility
23 of making crucial decisions about the future of a newborn
24 child is entitled to privacy, has the right to make timely and
25 appropriate decisions regarding her future and the future of
26 the child, and is entitled to assurance regarding an adoptive
27 placement.
28 (c) Adoptive children have the right to permanence and
29 stability in adoptive placements.
30 (d) Adoptive parents have a constitutional privacy
31 interest in retaining custody of a legally adopted child.
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1 (e) An unmarried biological father has an inchoate
2 interest that acquires constitutional protection only when he
3 demonstrates a timely and full commitment to the
4 responsibilities of parenthood, both during the pregnancy and
5 after the child's birth. The state has a compelling interest
6 in requiring an unmarried biological father to demonstrate
7 that commitment by providing appropriate medical care and
8 financial support and by establishing legal paternity rights
9 in accordance with the requirements of this chapter.
10 (2) It is the intent of the Legislature that in every
11 adoption, the best interest of the child should govern and be
12 of foremost concern in the court's determination. The court
13 shall make a specific finding as to the best interest of the
14 child in accordance with the provisions of this chapter.
15 (3)(1) It is the intent of the Legislature to protect
16 and promote the well-being of persons being adopted and their
17 birth and adoptive parents and to provide to all children who
18 can benefit by it a permanent family life, and, whenever
19 appropriate possible, to maintain sibling groups.
20 (4)(2) The basic safeguards intended to be provided by
21 this chapter are that:
22 (a) The minor is legally free for adoption and that
23 all adoptions are handled in accordance with the requirements
24 of law.
25 (b) The required persons consent to the adoption or
26 the parent-child relationship is terminated by judgment of the
27 court.
28 (c) The required social studies are completed and the
29 court considers the reports of these studies prior to judgment
30 on adoption petitions.
31
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1 (d) All placements of minors for adoption are reported
2 to the Department of Children and Family Services, except
3 relative, adult, and stepparent adoptions.
4 (e) A sufficient period of time elapses during which
5 the minor has lived within the proposed adoptive home under
6 the guidance of an adoption entity, except stepparent
7 adoptions or adoptions of a relative the department, a
8 child-caring agency registered under s. 409.176, or a licensed
9 child-placing agency.
10 (f) All expenditures by adoption entities or adoptive
11 parents relative to the adoption of placing, and persons
12 independently adopting, a minor are reported to the court and
13 become a permanent record in the file of the adoption
14 proceedings, including, but not limited to, all legal fees and
15 costs, all payments to or on behalf of a birth parent, and all
16 payments to or on behalf of the minor.
17 (g) Social and medical information concerning the
18 minor and the parents is furnished by the parent when
19 available and filed with the court before a final hearing on a
20 petition to terminate parental rights pending adoption, unless
21 the petitioner is a stepparent or a relative.
22 (h) A new birth certificate is issued after entry of
23 the adoption judgment.
24 (i) At the time of the hearing, the court may order
25 temporary substitute care when it determines that the minor is
26 in an unsuitable home.
27 (j) The records of all proceedings concerning custody
28 and adoption of a minor are confidential and exempt from s.
29 119.07(1), except as provided in s. 63.162.
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1 (k) The birth parent, the prospective adoptive parent,
2 and the minor receive, at a minimum, the safeguards, guidance,
3 counseling, and supervision required in this chapter.
4 (l) In all matters coming before the court under this
5 chapter, the court shall enter such orders as it deems
6 necessary and suitable to promote and protect the best
7 interests of the person to be adopted.
8 (m) In dependency cases initiated by the department,
9 where termination of parental rights occurs, and siblings are
10 separated despite diligent efforts of the department,
11 continuing postadoption communication or contact among the
12 siblings may be ordered by the court if found to be in the
13 best interests of the children.
14 (5) It is the intent of the Legislature to provide for
15 cooperation between private adoption entities and the
16 Department of Children and Family Services in matters relating
17 to permanent placement options for children in the care of the
18 department whose birth parents wish to participate in a
19 private adoption plan with a qualified family.
20 Section 2. Section 63.032, Florida Statutes, is
21 amended to read:
22 63.032 Definitions.--As used in this chapter, the
23 term:
24 (1) "Abandoned" means a situation in which the parent
25 or person having legal custody of a child, while being able,
26 makes no provision for the child's support and makes little or
27 no effort to communicate with the child, which situation is
28 sufficient to evince an intent to reject a willful rejection
29 of parental responsibilities obligations. If, in the opinion
30 of the court, the efforts of such parent or person having
31 legal custody of the child to support and communicate with the
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1 child are only marginal efforts that do not evince a settled
2 purpose to assume all parental duties, the court may declare
3 the child to be abandoned. In making this decision, the court
4 may consider the conduct of a father towards the child's
5 mother during her pregnancy.
6 (2) "Adoption" means the act of creating the legal
7 relationship between parent and child where it did not exist,
8 thereby declaring the child to be legally the child of the
9 adoptive parents and their heir at law and entitled to all the
10 rights and privileges and subject to all the obligations of a
11 child born to such adoptive parents in lawful wedlock.
12 (3) "Adoption entity" means the department, an agency,
13 a child-caring agency registered under s. 409.176, or an
14 intermediary, or a child-placing agency licensed in another
15 state which is qualified by the department to place children
16 in the State of Florida.
17 (4) "Adult" means a person who is not a minor.
18 (5) "Agency" means any child-placing agency licensed
19 by the department pursuant to s. 63.202 to place minors for
20 adoption.
21 (6) "Child" means a son or daughter, whether by birth
22 or adoption.
23 (7) "Court" means any circuit court of this state and,
24 when the context requires, the court of any state that is
25 empowered to grant petitions for adoption.
26 (8) "Department" means the Department of Children and
27 Family Services.
28 (9) "Intermediary" means an attorney who is licensed
29 or authorized to practice in this state and who is placing or
30 intends to place a child for adoption, including placing or,
31 for the purpose of adoptive placements of children born in
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1 another from out of state with citizens of this state or
2 country or placing children born in this state with citizens
3 of another state or country, a child-placing agency licensed
4 in another state that is qualified by the department.
5 (10) "Legal custody" has the meaning ascribed in s.
6 39.01.
7 (11) "Minor" means a person under the age of 18 years.
8 (12) "Parent" has the same meaning ascribed in s.
9 39.01.
10 (13) "Person" includes a natural person, corporation,
11 government or governmental subdivision or agency, business
12 trust, estate, trust, partnership, or association, and any
13 other legal entity.
14 (14) "Relative" means a person related by blood to the
15 person being adopted within the third degree of consanguinity
16 has the same meaning ascribed in s. 39.01.
17 (15) "To place" or "placement" means the process of a
18 parent or legal guardian surrendering person giving a child up
19 for adoption and the prospective adoptive parents receiving
20 and adopting the child, and includes all actions by any person
21 or adoption entity participating in the process.
22 (16) "Placement" means the process of a parent or
23 legal guardian surrendering a child for adoption and the
24 prospective adoptive parents receiving and adopting the child
25 and all actions by any adoption entity participating in
26 placing the child.
27 (17)(16) "Primarily lives and works outside Florida"
28 means anyone who does not meet the definition of "primary
29 residence and place of employment in Florida."
30 (17) "Primary residence and place of employment in
31 Florida" means a person who lives and works outside in this
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1 state at least 6 months of the year, and intends to do so for
2 the foreseeable future or military personnel who designate
3 Florida as their place of residence in accordance with the
4 Soldiers' and Sailors' Civil Relief Act of 1940, or employees
5 of the United States Department of State living in a foreign
6 country who designate a state other than Florida as their
7 place of residence.
8 (18) "Suitability of the intended placement" includes
9 the fitness of the intended placement, with primary
10 consideration being given to the best interest welfare of the
11 child; the fitness and capabilities of the adoptive parent or
12 parents to function as parent or parents for a particular
13 child; any familial relationship between the child and the
14 prospective placement; and the compatibility of the child with
15 the home in which the child is intended to be placed.
16 (19) "Unmarried biological father" means the child's
17 biological father who is not married to the child's mother at
18 the time of conception or birth of the child and who has not
19 been declared by a court of competent jurisdiction to be the
20 legal father of the child.
21 (20) "Adoption plan means arrangements made by a birth
22 parent or other individual having a legal right to custody of
23 a minor child, born or to be born, with an adoption entity in
24 furtherance of the placement of the minor for adoption.
25 Section 3. Section 63.039, Florida Statutes, is
26 amended to read:
27 63.039 Duty of adoption entity to prospective adoptive
28 parents; sanctions.--
29 (1) An adoption entity placing a minor for adoption
30 has an affirmative duty to follow the requirements of this
31 chapter and specifically the following provisions, which
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1 protect and promote the well-being of persons being adopted
2 and their parents and prospective adoptive parents by
3 promoting certainty, finality, and permanency for such
4 persons. The adoption entity must:
5 (a) Provide written initial disclosure to the
6 prospective adoptive parent at the time and in the manner
7 required under s. 63.085.
8 (b) Provide written initial and postbirth disclosure
9 to the parent at the time and in the manner required under s.
10 63.085.
11 (c) When a written consent for adoption is obtained,
12 obtain the consent at the time and in the manner required
13 under s. 63.082.
14 (d) When a written consent or affidavit of
15 nonpaternity for adoption is obtained, obtain a consent to
16 adoption or affidavit of nonpaternity that contains the
17 language required under s. 63.062 or s. 63.082.
18 (e) Include in the petition to terminate parental
19 rights pending adoption all information required under s.
20 63.087(6)(e) and (f).
21 (f) Obtain and file the affidavit of inquiry pursuant
22 to s. 63.088(4)(3), if the required inquiry is not conducted
23 orally in the presence of the court.
24 (g) When the identity of a person whose consent to
25 adoption is necessary under this chapter is known but the
26 location of such a person is unknown, conduct the diligent
27 search and file the affidavit required under s. 63.088(5)(4).
28 (h) Serve a the petition and notice of hearing to
29 terminate parental rights pending adoption at the time and in
30 the manner prescribed by law required by s. 63.088.
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1 (i) Obtain the written waiver of venue required under
2 s. 63.062 in cases involving a child younger than 6 months of
3 age in which venue for the termination of parental rights will
4 be located in a county other than the county where a the
5 parent whose rights are to be terminated resides.
6 (2) If a court finds that a consent to adoption or an
7 affidavit of nonpaternity taken under this chapter was
8 obtained by fraud or under duress attributable to the adoption
9 entity, the court may must award all sums paid by the
10 prospective adoptive parents or on their behalf in
11 anticipation of or in connection with the adoption. The court
12 may also award reasonable attorney's fees and costs incurred
13 by the prospective adoptive parents in connection with the
14 adoption and any litigation related to placement or adoption
15 of a minor. The court may must award reasonable attorney's
16 fees and costs, if any, incurred by the person whose consent
17 or affidavit was obtained by fraud or under duress. Any award
18 under this subsection to the prospective adoptive parents or
19 to the person whose consent or affidavit was obtained by fraud
20 or under duress must be paid directly to them by the adoption
21 entity or by any applicable insurance carrier on behalf of the
22 adoption entity if the court determines, after an evidentiary
23 hearing held subsequent to the entry of a final order in the
24 underlying termination of parental rights or adoption action,
25 that the actions or failures of the adoption entity directly
26 contributed to the finding of fraud or duress.
27 (3) The prevailing party If a person whose consent to
28 an adoption is required under s. 63.062 prevails in an action
29 to set aside a judgment terminating parental rights pending
30 adoption, or a judgment of adoption may be awarded, the court
31 must award reasonable attorney's fees and costs to the
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1 prevailing party. An award under this subsection must be paid
2 by the adoption entity or by any applicable insurance carrier
3 on behalf of the adoption entity if the court finds that the
4 acts or omissions of the entity were the basis for the court's
5 order granting relief to the prevailing party.
6 (4) Within 30 days after the entry of an order of the
7 court finding sanctionable conduct on the part of an adoption
8 entity the date that the order was issued, the clerk of the
9 court must forward to:
10 (a) The Florida Bar any order that imposes sanctions
11 under this section against an attorney acting as an adoption
12 entity.
13 (b) The Department of Children and Family Services any
14 order that imposes sanctions under this section against a
15 licensed child-placing agency or a child-placing agency
16 licensed in another state that is qualified by the department.
17 (c) The entity under s. 409.176 that certifies
18 child-caring agencies any order that imposes sanctions under
19 this section against a child-caring agency registered under s.
20 409.176.
21 (d) The Office of Attorney General any order that
22 imposes sanctions under this section against the department.
23 Section 4. Section 63.042, Florida Statutes, is
24 amended to read:
25 63.042 Who may be adopted; who may adopt.--
26 (1) Any person, a minor or an adult, may be adopted.
27 (2) The following persons may adopt:
28 (a) A husband and wife jointly;
29 (b) An unmarried adult, including the birth parent of
30 the person to be adopted;
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1 (c) The unmarried minor birth parent of the person to
2 be adopted; or
3 (c)(d) A married person without the other spouse
4 joining as a petitioner, if the person to be adopted is not
5 his or her spouse, and if:
6 1. The other spouse is a parent of the person to be
7 adopted and consents to the adoption; or
8 2. The failure of the other spouse to join in the
9 petition or to consent to the adoption is excused by the court
10 for good cause shown or in the best interest of the child for
11 reason of prolonged unexplained absence, unavailability,
12 incapacity, or circumstances constituting an unreasonable
13 withholding of consent.
14 (3) No person eligible to adopt under this statute may
15 adopt if that person is a homosexual.
16 (4) No person eligible under this section shall be
17 prohibited from adopting solely because such person possesses
18 a physical disability or handicap, unless it is determined by
19 the court or adoption entity department or the licensed
20 child-placing agency that such disability or handicap renders
21 such person incapable of serving as an effective parent.
22 Section 5. Section 63.0423, Florida Statutes, is
23 amended to read:
24 63.0423 Procedures with respect to abandoned infants
25 newborns.--
26 (1) A licensed child-placing agency that takes
27 physical custody of an a newborn infant abandoned left at a
28 hospital, emergency medical services station, or fire station
29 pursuant to s. 383.50, shall assume responsibility for all
30 medical costs and all other costs associated with the
31 emergency services and care of the abandoned newborn infant
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1 from the time the licensed child-placing agency takes physical
2 custody of the abandoned newborn infant.
3 (2) The licensed child-placing agency shall
4 immediately seek an order from the circuit court for emergency
5 custody of the abandoned newborn infant. The emergency custody
6 order shall remain in effect until the court orders
7 preliminary approval of placement of the abandoned newborn
8 infant in the prospective home, at which time the prospective
9 adoptive parents become guardians pending termination of
10 parental rights and finalization of adoption or until the
11 court orders otherwise. The guardianship of the prospective
12 adoptive parents shall remain subject to the right of the
13 licensed child-placing agency to remove the abandoned infant
14 from the placement during the pendency of the proceedings if
15 such removal is deemed by the licensed child-placing agency to
16 be in the best interest of the child. The licensed
17 child-placing agency may immediately seek to temporarily place
18 the abandoned newborn infant in a prospective adoptive home as
19 soon as possible.
20 (3) The licensed child-placing agency that takes
21 physical custody of the abandoned newborn infant shall, within
22 24 hours thereafter, immediately request assistance from law
23 enforcement officials to investigate and determine, through
24 the Missing Children Information Clearinghouse, the National
25 Center for Missing and Exploited Children, and any other
26 national and state resources, whether or not the abandoned
27 newborn infant is a missing child.
28 (4) Within 7 days after accepting physical custody of
29 the abandoned newborn infant, the licensed child-placing
30 agency shall initiate a diligent search to notify and to
31 obtain consent from a parent whose identity is known but whose
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1 location is unknown or location is unknown, other than the
2 parent who has left a newborn infant at a hospital, emergency
3 medical services station, or fire station in accordance with
4 s. 383.50. The diligent search must include, at a minimum,
5 inquiries as provided for in s. 63.088 of all known relatives
6 of the parent, inquiries of all offices or program areas of
7 the department likely to have information about the parent,
8 inquiries of other state and federal agencies likely to have
9 information about the parent, inquiries of appropriate utility
10 and postal providers, and inquiries of appropriate law
11 enforcement agencies. Constructive notice must also be
12 provided pursuant to chapter 49 in the county where the
13 newborn infant was abandoned left and in the county where the
14 petition to terminate parental rights will be filed. The
15 constructive notice must include at a minimum, available
16 identifying information, and information on whom a parent must
17 contact in order to assert a claim of parental rights of the
18 newborn infant and how to assert that claim. If a parent is
19 identified and located, notice of the adjudicatory hearing on
20 the petition for termination of parental rights shall be
21 provided. If a parent cannot be identified or located
22 subsequent to the diligent search and constructive notice, the
23 licensed child-placing agency shall file an affidavit of
24 diligent search at the same time that the petition to
25 terminate parental rights is filed.
26 (5) A petition for termination of parental rights
27 under this section may not be filed until 30 days after the
28 date the newborn infant was abandoned left in accordance with
29 s. 383.50. A petition for termination of parental rights may
30 not be granted until consent to adoption or an affidavit of
31 nonpaternity has been executed by a parent of the abandoned
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1 newborn infant as set forth in s. 63.062, a parent has failed
2 to reclaim or claim the abandoned newborn infant within the
3 specified time period specified in s. 383.50, or the consent
4 of a parent is otherwise waived by the court.
5 (6) A claim of parental rights of the abandoned
6 newborn infant must be made to the entity having physical or
7 legal custody of the abandoned newborn infant or to the
8 circuit court before whom proceedings involving the abandoned
9 newborn infant are pending. A claim of parental rights of the
10 abandoned newborn infant may not be made after the judgment to
11 terminate parental rights is entered, except as otherwise
12 provided by subsection (9) (10).
13 (7) If a claim of parental rights of an abandoned a
14 newborn infant is made before the judgment to terminate
15 parental rights is entered, the circuit court may shall hold
16 the action for termination of parental rights pending
17 subsequent adoption in abeyance for a period of time not to
18 exceed 60 days.
19 (a) The court may shall order scientific testing to
20 determine maternity or paternity at the expense of the parent
21 claiming parental rights unless maternity or paternity has
22 been previously established legally or by scientific testing.
23 (b) The court shall may appoint a guardian ad litem
24 for the abandoned newborn infant and order whatever
25 investigation, home evaluation, and psychological evaluation
26 are necessary to determine what is in the best interest of the
27 abandoned newborn infant.
28 (c) The court may not terminate parental rights solely
29 on the basis that the parent left the a newborn infant at a
30 hospital, emergency medical services station, or fire station
31 in accordance with s. 383.50.
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1 (d) The court shall enter a judgment with written
2 findings of fact and conclusions of law.
3 (8) Within 7 business days 24 hours after recording
4 filing the judgment, the clerk of the court shall mail a copy
5 of the judgment to the department, the petitioner, and the
6 persons whose consent were required, if known. The clerk shall
7 execute a certificate of each mailing.
8 (9)(a) A judgment terminating parental rights pending
9 adoption is voidable, and any later judgment of adoption of
10 that minor is voidable, if, upon the motion of a birth parent,
11 the court finds that a person knowingly gave false information
12 that prevented the birth parent from timely making known his
13 or her desire to assume parental responsibilities toward the
14 minor or from exercising his or her parental rights. A motion
15 under this subsection must be filed with the court originally
16 entering the judgment. The motion must be filed within a
17 reasonable time, but not later than 1 year 2 years after the
18 entry of the judgment terminating parental rights.
19 (b) No later than 30 days after the filing of a motion
20 under this subsection, the court shall must conduct a
21 preliminary hearing to determine what contact, if any, will be
22 permitted between a birth parent and the child pending
23 resolution of the motion. Such contact may be allowed only if
24 it is requested by a parent who has appeared at the hearing
25 and the court determines that it is in the best interest of
26 the child. If the court orders contact between a birth parent
27 and child, the order must be issued in writing as
28 expeditiously as possible and must state with specificity any
29 provisions regarding contact with persons other than those
30 with whom the child resides.
31
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1 (c) At the preliminary hearing, the court, upon the
2 motion of any party or upon its own motion, may order
3 scientific testing to determine the paternity or maternity of
4 the minor if the person seeking to set aside the judgment is
5 alleging to be the child's birth parent but and that fact has
6 not previously been determined by legal proceedings or
7 scientific testing to be the birth parent. Upon the filing of
8 test results establishing that person's maternity or paternity
9 of the abandoned infant, the court may order supervised
10 visitation as it deems appropriate and in the best interest of
11 the child with a person for whom scientific testing for
12 paternity or maternity has been ordered. Such visitation shall
13 be conditioned upon the filing of test results with the court
14 and those results establishing that person's paternity or
15 maternity of the minor.
16 (d) Within No later than 45 days after the preliminary
17 hearing, the court shall must conduct a final hearing on the
18 motion to set aside the judgment and shall enter its written
19 order as expeditiously as possible thereafter.
20 (10) Except to the extent expressly provided in this
21 section, proceedings initiated by a licensed child-placing
22 agency for the termination of parental rights and subsequent
23 adoption of a newborn left at a hospital, emergency medical
24 services station, or fire station in accordance with s. 383.50
25 shall be conducted pursuant to this chapter.
26 Section 6. Subsection (1) of section 63.0425, Florida
27 Statutes, is amended to read:
28 63.0425 Grandparent's right to adopt.--
29 (1) When a child who has lived with a grandparent for
30 at least 6 months within the 24-month period immediately
31 preceding the filing of a petition for termination of parental
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1 rights pending adoption is placed for adoption, the adoption
2 entity handling the adoption shall provide notice to notify
3 that grandparent of the hearing on the petition for
4 termination of parental rights pending adoption impending
5 adoption before the petition for adoption is filed. If the
6 grandparent petitions the court to adopt the child, the court
7 shall give first priority for adoption to that grandparent.
8 Section 7. Section 63.0427, Florida Statutes, is
9 amended to read:
10 63.0427 Adopted minor's right to continued
11 communication or contact with siblings and other relatives.--
12 (1) A child whose parents have had their parental
13 rights terminated and whose custody has been awarded to the
14 department pursuant to s. 39.811, and who is the subject of a
15 petition for adoption under this chapter, shall have the right
16 to have the court consider the appropriateness of postadoption
17 communication or contact, including, but not limited to,
18 visits, written correspondence letters and cards, or telephone
19 calls, with his or her siblings or, upon agreement of the
20 adoptive parents, with the parents who have had their parental
21 rights terminated or other specified biological relatives who
22 are not included in the petition for adoption. The court
23 shall determine if the best interests of the child support
24 such continued communication or contact and shall consider the
25 following in making such determination:
26 (a) Any orders of the court pursuant to s. 39.811(7).
27 (b) Recommendations of the department, the foster
28 parents if other than the adoptive parents, and the guardian
29 ad litem.
30 (c) Statements of the prospective adoptive parents.
31
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1 (d) Any other information deemed relevant and material
2 by the court.
3
4 If the court determines that the child's best interests
5 will be served by postadoption communication or contact with
6 any sibling or, upon agreement of the adoptive parents, other
7 specified biological relatives, the court shall so order,
8 stating the nature and frequency for the communication or
9 contact. This order shall be made a part of the final adoption
10 order, but in no event shall the continuing validity of the
11 adoption be contingent upon such postadoption communication or
12 contact, nor shall the ability of the adoptive parents and
13 child to change residence within or outside the State of
14 Florida be impaired by such communication or contact.
15 (2) Notwithstanding the provisions of s. 63.162, the
16 adoptive parent may, at any time, petition for review at any
17 time of a sibling's or other specified biological relatives'
18 communication or contact order entered ordered pursuant to
19 subsection (1), if the adoptive parent believes that the best
20 interests of the adopted child are being compromised, and the
21 court shall have authority to order the communication or
22 contact to be terminated or modified, or to order such
23 conditions in regard to communication or contact as the court
24 deems to be in the best interests of the adopted child. As
25 part of the review process, the court may order the parties to
26 engage in mediation. The department shall not be required to
27 be a party to such review.
28 Section 8. Section 63.043, Florida Statutes, is
29 amended to read:
30 63.043 Mandatory screening or testing for sickle-cell
31 trait prohibited.--No person, firm, corporation,
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1 unincorporated association, state agency, unit of local
2 government, or any public or private entity shall require
3 screening or testing for the sickle-cell trait as a condition
4 for employment, for admission into any state educational
5 institution or state-chartered private educational
6 institution, or for becoming eligible for adoption if
7 otherwise eligible for adoption under the laws of this state.
8 Section 9. Section 63.052, Florida Statutes, is
9 amended to read:
10 63.052 Guardians designated; proof of commitment.--
11 (1) For minors who have been placed for adoption with
12 and permanently committed to an adoption entity, other than an
13 intermediary, such adoption entity agency as defined in s.
14 63.032 or a child-caring agency registered under s. 409.176,
15 such agency shall be the guardian of the person of the minor
16 and has the responsibility and authority to provide for the
17 needs and welfare of the minor; for those who have been placed
18 for adoption with and permanently committed to the department,
19 the department shall be the guardian of the person of the
20 minor.
21 (2) For minors who have been voluntarily surrendered
22 to an intermediary through an execution of a consent to
23 adoption, the intermediary shall be responsible for the minor
24 until the time a court orders preliminary approval of
25 placement of the minor in the prospective adoptive home, after
26 at which time the prospective adoptive parents shall become
27 guardians pending finalization of adoption, subject to the
28 intermediary's right and responsibility to remove the child
29 from the prospective adoptive home if the removal is deemed by
30 the intermediary to be in the best interest of the child.
31 Prior to the court's entry of an order granting preliminary
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1 approval of the placement, the intermediary shall have the
2 responsibility and authority to provide for the needs and
3 welfare of the minor. Until a court has terminated parental
4 rights pending adoption and has ordered preliminary approval
5 of placement of the minor in the adoptive home, the minor must
6 be placed in the care of a relative as defined in s. 39.01, in
7 foster care as defined in s. 39.01, or in the care of a
8 prospective adoptive home. No minor shall be placed in a
9 prospective adoptive home until that home has received a
10 favorable preliminary home study by a licensed child-placing
11 agency, a licensed professional, or an agency, as provided in
12 s. 63.092, within 1 year before such placement in the
13 prospective home. Temporary placement in the prospective home
14 with the prospective adoptive parents does not give rise to a
15 presumption that the parental rights of the parents will
16 subsequently be terminated. For minors who have been placed
17 for adoption with or voluntarily surrendered to an agency, but
18 have not been permanently committed to the agency, the agency
19 shall have the responsibility and authority to provide for the
20 needs and welfare for such minors. For those minors placed
21 for adoption with or voluntarily surrendered to the
22 department, but not permanently committed to the department,
23 the department shall have the responsibility and authority to
24 provide for the needs and welfare for such minors. The
25 adoption entity may authorize all appropriate medical care for
26 a minor who has been placed for adoption with or voluntarily
27 surrendered to the adoption entity. The provisions of s.
28 627.6578 shall remain in effect notwithstanding the
29 guardianship provisions in this section.
30 (3) If a minor is surrendered to an adoption entity
31 intermediary for subsequent adoption and a suitable
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1 prospective adoptive home is not available pursuant to s.
2 63.092 at the time the minor is surrendered to the adoption
3 entity intermediary or, if the minor is a newborn admitted to
4 a licensed hospital or birth center, at the time the minor is
5 discharged from the hospital or birth center, the minor must
6 be placed in foster care or with a relative until such a
7 suitable prospective adoptive home is available.
8 (4) If a minor is voluntarily surrendered to an
9 adoption entity for subsequent adoption and the adoption does
10 not become final within 180 days after termination of parental
11 rights, the adoption entity must report to the court on the
12 status of the minor and the court may at that time proceed
13 under s. 39.701 or take action reasonably necessary to protect
14 the best interest of the minor.
15 (5) The recital in a the written consent, answer, or
16 recommendation filed by an adoption entity given by the
17 department that the minor sought to be adopted has been
18 permanently committed to the adoption entity or that the
19 adoption entity is duly licensed department shall be prima
20 facie proof of such commitment. A consent for adoption signed
21 by an adoption entity need not comply with s. 63.082. The
22 recital in the written consent given by a licensed
23 child-placing agency or the declaration in an answer or
24 recommendation filed by a licensed child-placing agency that
25 the minor has been permanently committed and the child-placing
26 agency is duly licensed by the department shall be prima facie
27 proof of such commitment and of such license.
28 (6) Unless otherwise authorized by law or ordered by
29 the court, the department is not responsible for expenses
30 incurred by other adoption entities participating in placement
31 of a minor for the purposes of adoption .
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1 (7) The court retains jurisdiction of a minor who has
2 been placed for adoption until the adoption is final. After a
3 minor is placed with an adoption entity or prospective
4 adoptive parent, the court may review the status of the minor
5 and the progress toward permanent adoptive placement. As part
6 of this continuing jurisdiction, for good cause shown by a
7 person whose consent to an adoption is required under s.
8 63.062, the adoption entity, the parents, persons having legal
9 custody of the minor, persons with custodial or visitation
10 rights to the minor, persons entitled to notice pursuant to
11 the Uniform Child Custody Jurisdiction Act or the Indian Child
12 Welfare Act, or upon the court's own motion, the court may
13 review the appropriateness of the adoptive placement of the
14 minor.
15 Section 10. Section 63.053, Florida Statutes, is
16 created to read:
17 63.053 Rights and responsibilities of an unmarried
18 biological father; legislative findings.--
19 (1) In enacting the provisions contained in this
20 chapter, the Legislature prescribes the conditions for
21 determining whether an unmarried biological father's actions
22 are sufficiently prompt and substantial so as to require
23 protection of a constitutional right. If an unmarried
24 biological father fails to take the actions that are available
25 to him to establish a relationship with his child, his
26 parental interest may be lost entirely, or greatly diminished,
27 by his failure to timely comply with the available legal steps
28 to substantiate a parental interest.
29 (2) The Legislature finds that the interests of the
30 state, the mother, the child, and the adoptive parents
31 described in this chapter outweigh the interest of an
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1 unmarried biological father who does not take action in a
2 timely manner to establish and demonstrate a relationship with
3 his child in accordance with the requirements of this chapter.
4 An unmarried biological father has the primary responsibility
5 to protect his rights and is presumed to know that his child
6 may be adopted without his consent unless he complies with the
7 provisions of this chapter and demonstrates a prompt and full
8 commitment to his parental responsibilities.
9 (3) The Legislature finds that a birth mother and a
10 birth father have a right to privacy.
11 Section 11. Section 63.054, Florida Statutes, is
12 created to read:
13 63.054 Actions required by an unmarried biological
14 father to establish parental rights; Florida Putative Father
15 Registry.--
16 (1) In order to preserve the right to notice and
17 consent to an adoption under this chapter, an unmarried
18 biological father must, as the "registrant," file a notarized
19 claim of paternity form with the Florida Putative Father
20 Registry maintained by the Office of Vital Statistics of the
21 Department of Health and shall include therein confirmation of
22 his willingness and intent to support the child for whom
23 paternity is claimed in accordance with state law. The claim
24 of paternity may be filed at any time prior to the child's
25 birth, but a claim of paternity may not be filed after the
26 date a petition is filed for termination of parental rights.
27 (2) By filing a claim of paternity form with the
28 Office of Vital Statistics, the registrant expressly consents
29 to submit to DNA testing upon the request of any party, the
30 registrant, or the adoption entity with respect to the child
31 referenced in the claim of paternity.
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1 (3) The Office of Vital Statistics of the Department
2 of Health shall adopt by rule the appropriate claim of
3 paternity form in English, Spanish, and Creole in order to
4 facilitate the registration of an unmarried biological father
5 with the Florida Putative Father Registry and shall, within
6 existing resources, make these forms available through local
7 offices of the Department of Health and the Department of
8 Children and Family Services, the Internet websites of those
9 agencies, and the offices of the clerks of the circuit court.
10 The claim of paternity form shall be signed by the unmarried
11 biological father and must include his name, address, date of
12 birth, and physical description. In addition, the registrant
13 shall provide, if known, the name, address, date of birth, and
14 physical description of the mother; the date, place, and
15 location of conception of the child; and the name, date, and
16 place of birth of the child or estimated date of birth of the
17 expected minor child, if known. The claim of paternity form
18 shall be signed under oath by the registrant.
19 (4) Upon initial registration, or at any time
20 thereafter, the registrant may designate an address other than
21 his residential address for sending any communication
22 regarding his registration. Similarly, upon initial
23 registration, or at any time thereafter, the registrant may
24 designate, in writing, an agent or representative to receive
25 any communication on his behalf and receive service of
26 process. The agent or representative must file an acceptance
27 of the designation, in writing, in order to receive notice or
28 service of process. The failure of the designated
29 representative or agent of the registrant to deliver or
30 otherwise notify the registrant of receipt of correspondence
31 from the Florida Putative Father Registry is at the
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1 registrant's own risk and shall not serve as a valid defense
2 based upon lack of notice.
3 (5) The registrant may, at any time prior to the birth
4 of the child for whom paternity is claimed, execute a
5 notarized written revocation of the claim of paternity
6 previously filed with the Florida Putative Father Registry,
7 and upon receipt of such revocation, the claim of paternity
8 shall be deemed null and void. If a court determines that a
9 registrant is not the father of the minor, the court shall
10 order the department to remove the registrant s name from the
11 registry.
12 (6) It is the obligation of the registrant or, if
13 designated under subsection (4), his designated agent or
14 representative to notify and update the Office of Vital
15 Statistics of any change of address or change in the
16 designation of an agent or representative. The failure of a
17 registrant, or designated agent or representative, to report
18 any such change is at the registrant's own risk and shall not
19 serve as a valid defense based upon lack of notice, unless the
20 person petitioning for termination of parental rights or
21 adoption has actual or constructive notice of the registrant's
22 address and whereabouts from another source.
23 (7) In each proceeding for termination of parental
24 rights or each adoption proceeding filed under this chapter,
25 the petitioner must contact the Office of Vital Statistics of
26 the Department of Health by submitting an application for a
27 search of the Florida Putative Father Registry. The petitioner
28 shall provide the same information, if known, on the search
29 application form which the registrant is required to furnish
30 under subsection (3). Thereafter, the Office of Vital
31
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1 Statistics must issue a certificate signed by the State
2 Registrar certifying:
3 (a) The identity and contact information, if any, for
4 each registered unmarried biological father whose information
5 matches the search request sufficiently so that such person
6 may be considered a possible father of the subject child; or
7 (b) That a diligent search has been made of the
8 registry of registrants who may be the unmarried biological
9 father of the subject child and that no matching registration
10 has been located in the registry.
11 This certificate must be filed with the court in the
12 proceeding to terminate parental rights or the adoption
13 proceeding. If a termination of parental rights and an
14 adoption proceeding are being adjudicated simultaneously, the
15 Florida Putative Father Registry need only be searched once.
16 (8) If an unmarried biological father does not know
17 the county in which the birth mother resides, gave birth, or
18 intends to give birth, he may initiate an action in any county
19 in the state, subject to the birth mother's right to change
20 venue to the county where she resides.
21 (9) The Department of Health shall establish and
22 maintain a Florida Putative Father Registry through its Office
23 of Vital Statistics, in accordance with the requirements of
24 this section. The Department of Health may charge a nominal
25 fee to cover the costs of filing and indexing the Florida
26 Putative Father Registry and the costs of searching the
27 registry.
28 (10) The Department of Health shall, within existing
29 resources, prepare and adopt by rule application forms for
30 initiating a search of the Florida Putative Father Registry
31 and shall make those forms available through the local offices
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1 of the Department of Health and the Department of Children and
2 Family Services and the offices of the clerks of the circuit
3 court.
4 (11) The Department of Health shall produce and
5 distribute, within existing resources, a pamphlet or
6 publication informing the public about the Florida Putative
7 Father Registry and which is printed in English, Spanish, and
8 Creole. The pamphlet shall indicate the procedures for
9 voluntary acknowledgment of paternity, the consequences of
10 acknowledgment of paternity, the consequences of failure to
11 acknowledge paternity, and the address of the Florida Putative
12 Father Registry. Such pamphlets or publications shall be made
13 available for distribution at all offices of the Department of
14 Health and the Department of Children and Family Services and
15 shall be included in health class curriculums taught in public
16 and charter schools in this state. The Department of Health
17 shall also provide such pamphlets or publications to
18 hospitals, adoption entities, libraries, medical clinics,
19 schools, universities, and providers of child-related
20 services, upon request. In cooperation with the Department of
21 Highway Safety and Motor Vehicles, each person applying for a
22 Florida driver's license, or renewal thereof, and each person
23 applying for a Florida identification card shall be offered
24 the pamphlet or publication informing the public about the
25 Florida Putative Father Registry.
26 (12) The Department of Health shall, within existing
27 resources, provide additional information about the Florida
28 Putative Father Registry and its services to the public in
29 English, Spanish, and Creole using public service
30 announcements, Internet websites, and such other means as it
31 deems appropriate.
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1 (13) The filing of a claim of paternity with the
2 Florida Putative Father Registry does not excuse or waive the
3 obligation of a petitioner to comply with the requirements for
4 conducting a diligent search and inquiry with respect to the
5 identity of an unmarried biological father or legal father
6 which are set forth in this chapter.
7 (14) The Office of Vital Statistics of the Department
8 of Health is authorized to adopt rules to implement this
9 section.
10 Section 12. Section 63.062, Florida Statutes, is
11 amended to read:
12 63.062 Persons required to consent to adoption;
13 affidavit of nonpaternity; waiver of venue.--
14 (1) Unless supported by one or more of the grounds
15 enumerated under s. 63.089(3), a petition to terminate
16 parental rights pending adoption may be granted only if
17 written consent has been executed as provided in s. 63.082
18 after the birth of the minor or notice has been served under
19 s. 63.088 to:
20 (a) The mother of the minor.
21 (b) The father of the minor, if:
22 1. The minor was conceived or born while the father
23 was married to the mother;
24 2. The minor is his child by adoption; or
25 3. The minor has been established by court proceeding
26 to be his child;
27 4. He has filed an affidavit of paternity pursuant to
28 s. 382.013(2)(c); or
29 5. In the case of an unmarried biological father, he
30 has acknowledged in writing, signed in the presence of a
31 competent witness, that he is the father of the minor, has
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1 filed such acknowledgement with the Office of Vital Statistics
2 of the Department of Health within the required timeframes,
3 and has complied with the requirements of subsection (2).
4 (c) If there is no father as set forth in paragraph
5 (b), any man established to be the father of the child by
6 scientific tests that are generally acceptable within the
7 scientific community to show a probability of paternity.
8 (d) If there is no father as set forth in paragraph
9 (b) or paragraph(c), any man who the mother has reason to
10 believe may be the father of the minor and who:
11 1. Has acknowledged in writing, signed in the presence
12 of a competent witness, that he is the father of the minor and
13 has filed such acknowledgment with the Office of Vital
14 Statistics of the Department of Health;
15 2. Has provided, or has attempted to provide, the
16 child or the mother during her pregnancy with support in a
17 repetitive, customary manner; or
18 3. Has been identified by the birth mother as a person
19 she has reason to believe may be the father of the minor in an
20 action to terminate parental rights pending adoption pursuant
21 to this chapter.
22 (e) Any person who is a party in any pending
23 proceeding in which paternity, custody, or termination of
24 parental rights regarding the minor is at issue.
25 (f) Any father who has provided, or has attempted to
26 provide, the child or the mother during her pregnancy with
27 support in a repetitive, customary manner, if consent has been
28 obtained under paragraph (a) and subparagraph (b)1.
29 (c)(g) The minor, if more than 12 years of age or
30 older, unless the court in the best interest of the minor
31 dispenses with the minor's consent.
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1 (d) Any person lawfully entitled to custody of the
2 minor if required by the court.
3 (e) The court having jurisdiction to determine custody
4 of the minor, if the person having physical custody of the
5 minor does not have authority to consent to the adoption.
6 (2) In accordance with subsection (1), the consent of
7 an unmarried biological father shall be necessary only if the
8 unmarried biological father has complied with the requirements
9 of this subsection.
10 (a)1. With regard to a child who is placed with
11 adoptive parents more than 6 months after the child's birth,
12 an unmarried biological father must have developed a
13 substantial relationship with the child, taken some measure of
14 responsibility for the child and the child's future, and
15 demonstrated a full commitment to the responsibilities of
16 parenthood by providing financial support to the child in
17 accordance with the unmarried biological father's ability, if
18 not prevented from doing so by the person or authorized agency
19 having lawful custody of the child, and either:
20 a. Regularly visited the child at least monthly, when
21 physically and financially able to do so and when not
22 prevented from doing so by the birth mother or the person or
23 authorized agency having lawful custody of the child; or
24 b. Maintained regular communication with the child or
25 with the person or agency having the care or custody of the
26 child, when physically or financially unable to visit the
27 child or when not prevented from doing so by the birth mother
28 or person or authorized agency having lawful custody of the
29 child.
30 2. The mere fact that an unmarried biological father
31 expresses a desire to fulfill his responsibilities towards his
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1 child which is unsupported by acts evidencing this intent does
2 not preclude a finding by the court that the unmarried
3 biological father failed to comply with the requirements of
4 this subsection.
5 3. An unmarried biological father who openly lived
6 with the child for at least 6 months within the 1-year period
7 following the birth of the child and immediately preceding
8 placement of the child with adoptive parents and who openly
9 held himself out to be the father of the child during that
10 period shall be deemed to have developed a substantial
11 relationship with the child and to have otherwise met the
12 requirements of this paragraph.
13 (b) With regard to a child who is younger than 6
14 months of age at the time the child is placed with the
15 adoptive parents, an unmarried biological father must have
16 demonstrated a full commitment to his parental responsibility
17 by having performed all of the following acts prior to the
18 time the mother executes her consent for adoption:
19 1. Filed a notarized claim of paternity form with the
20 Florida Putative Father Registry within the Office of Vital
21 Statistics of the Department of Health, which form shall be
22 maintained in the confidential registry established for that
23 purpose and shall be considered filed when the notice is
24 entered in the registry of notices from unmarried biological
25 fathers.
26 2. Upon service of a notice of an intended adoption
27 plan or a petition for termination of parental rights pending
28 adoption, executed and filed an affidavit in that proceeding
29 stating that he is personally fully able and willing to take
30 responsibility for the child, setting forth his plans for care
31 of the child, and agreeing to a court order of child support
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1 and a contribution to the payment of living and medical
2 expenses incurred for the mother's pregnancy and the child's
3 birth in accordance with his ability to pay.
4 3. If he had knowledge of the pregnancy, paid a fair
5 and reasonable amount of the expenses incurred in connection
6 with the mother's pregnancy and the child's birth, in
7 accordance with his financial ability and when not prevented
8 from doing so by the birth mother or person or authorized
9 agency having lawful custody of the child.
10 (c) The petitioner shall file with the court a
11 certificate from the Office of Vital Statistics stating that a
12 diligent search has been made of the Florida Putative Father
13 Registry of notices from unmarried biological fathers
14 described in subparagraph (b)1. and that no filing has been
15 found pertaining to the father of the child in question or, if
16 a filing is found, stating the name of the putative father and
17 the time and date of filing. That certificate shall be filed
18 with the court prior to the entry of a final judgment of
19 termination of parental rights.
20 (d) An unmarried biological father who does not comply
21 with each of the conditions provided in this subsection is
22 deemed to have waived and surrendered any rights in relation
23 to the child, including the right to notice of any judicial
24 proceeding in connection with the adoption of the child, and
25 his consent to the adoption of the child is not required.
26 (3)(a) Pursuant to chapter 48, an adoption entity may
27 serve upon any unmarried biological father identified by the
28 mother or identified by a diligent search of the Florida
29 Putative Father Registry, or upon an entity whose consent is
30 required, a notice of intended adoption plan at any time prior
31 to the placement of the child in the adoptive home, including
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1 prior to the birth of the child. The notice of intended
2 adoption plan must specifically state that if the unmarried
3 biological father desires to contest the adoption plan, he
4 must file with the court, within 30 days after service, a
5 verified response that contains a pledge of commitment to the
6 child in substantial compliance with subparagraph (2)(b)2. The
7 notice of intended adoption plan shall notify the unmarried
8 biological father that he must file a claim of paternity form
9 with the Office of Vital Statistics within 30 days after
10 service upon him and must provide the adoption entity with a
11 copy of the verified response filed with the court and the
12 claim of paternity form filed with the Office of Vital
13 Statistics. If the party served with the notice of intended
14 adoption plan is an entity, the entity must file, within 30
15 days after service, a verified response setting forth a legal
16 basis for contesting the intended adoption plan, specifically
17 addressing the best interest of the child. If the unmarried
18 biological father or entity whose consent is required fails to
19 properly file a verified response with the court and, in the
20 case of an unmarried biological father, a claim of paternity
21 form with the Office of Vital Statistics within 30 days after
22 service upon that unmarried biological father or entity whose
23 consent is required, the consent of that unmarried biological
24 father or entity shall no longer be required under this
25 chapter and that party shall be deemed to have waived any
26 claim of rights to the child. Each notice of intended adoption
27 plan served upon an unmarried biological father must include
28 instructions as to the procedure the unmarried biological
29 father must follow to submit a claim of paternity form to the
30 Office of Vital Statistics and the address to which the
31 registration must be directed.
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1 (b) If the birth mother identifies a man who she
2 believes is the unmarried biological father of her child, the
3 adoption entity may provide a notice of intended adoption plan
4 pursuant to paragraph (a). If the mother identifies a
5 potential unmarried biological father whose location is
6 unknown, the adoption entity shall conduct a diligent search
7 pursuant to s. 63.088. If, upon completion of a diligent
8 search, the potential unmarried biological father's location
9 remains unknown and a search of the Florida Putative Father
10 Registry fails to reveal a match, the adoption entity shall
11 request in the petition for termination of parental rights
12 pending adoption that the court declare the diligent search to
13 be in compliance with s. 63.088 and to further declare that
14 the adoption entity shall have no further obligation to
15 provide notice to the potential unmarried biological father
16 and that the potential unmarried biological father's consent
17 to the adoption shall not be required.
18 (4)(2) Any person whose consent is required under
19 paragraphs (1)(c)-(e) paragraph (1)(c) or paragraph (1)(d) may
20 execute an irrevocable affidavit of nonpaternity in lieu of a
21 consent under this section and by doing so waives notice to
22 all court proceedings after the date of execution. An
23 affidavit of nonpaternity must be executed as provided in s.
24 63.082. The affidavit of nonpaternity may be executed prior to
25 the birth of the child. The person executing the affidavit
26 must receive disclosure under s. 63.085 prior to signing the
27 affidavit.
28 (5)(3) A person who signs a consent to adoption or an
29 affidavit of nonpaternity must be given reasonable notice of
30 his or her right to select a person who does not have an
31 employment, professional, or personal relationship with the
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1 adoption entity or the prospective adoptive parents to be
2 present when the consent to adoption or affidavit of
3 nonpaternity is executed and to sign the consent or affidavit
4 as a witness.
5 (4) An affidavit of nonpaternity must be in
6 substantially the following form:
7
8 AFFIDAVIT OF NONPATERNITY
9
10 1. I have personal knowledge of the facts stated in
11 this affidavit.
12 2. I have been told that ____ has a child. I shall
13 not establish or claim paternity for this child, whose name is
14 ____ and whose date of birth is ____.
15 3. The child referenced in this affidavit was not
16 conceived or born while the birth mother was married to me. I
17 AM NOT MARRIED TO THE BIRTH MOTHER, nor do I intend to marry
18 the birth mother.
19 4. With respect to the child referenced in this
20 affidavit, I have not provided the birth mother with child
21 support or prebirth support; I have not provided her with
22 prenatal care or assisted her with medical expenses; I have
23 not provided the birth mother or her child or unborn child
24 with support of any kind, nor do I intend to do so.
25 5. I have no interest in assuming the
26 responsibilities of parenthood for this child. I will not
27 acknowledge in writing that I am the father of this child or
28 institute court proceedings to establish the child as mine.
29 6. I do not object to any decision or arrangements
30 ____ makes regarding this child, including adoption.
31
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1 7. I have been told of my right to choose a person
2 who does not have an employment, professional, or personal
3 relationship with the adoption entity or the prospective
4 adoptive parents to be present when this affidavit is executed
5 and to sign it as a witness.
6
7 I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO TERMINATE
8 PARENTAL RIGHTS OR FINALIZE AN ADOPTION UNDER CHAPTER 63,
9 FLORIDA STATUTES.
10
11 (5) The court may require that consent be executed by:
12 (a) Any person lawfully entitled to custody of the
13 minor; or
14 (b) The court having jurisdiction to determine custody
15 of the minor, if the person having physical custody of the
16 minor has no authority to consent to the adoption.
17 (6) The petitioner must make good faith and diligent
18 efforts as provided under s. 63.088 to notify, and obtain
19 written consent from, the persons required to consent to
20 adoption under this section.
21 (7) If parental rights to the minor have previously
22 been terminated, the adoption entity a licensed child-placing
23 agency, a child-caring agency registered under s. 409.176, or
24 the department with which the minor has been placed for
25 subsequent adoption may provide consent to the adoption. In
26 such case, no other consent is required.
27 (8) A petition to adopt an adult may be granted if:
28 (a) Written consent to adoption has been executed by
29 the adult and the adult's spouse, if any.
30 (b) Written notice of the final hearing on the consent
31 to adoption has been provided to executed by the parents, if
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1 any, or proof of service of process has been filed, showing
2 notice has been served on the parents as provided in this
3 chapter.
4 (9)(a) A petition for termination of parental rights
5 shall be filed in the appropriate county as determined under
6 s. 63.087(2). If the parent or parents whose rights are to be
7 terminated object to venue in the county where the action was
8 filed, the court may transfer the action to the county where
9 the objecting parent or parents reside, unless the objecting
10 parent has previously executed a waiver of venue. In cases
11 involving a child younger than 6 months of age in which venue
12 for the termination of parental rights may be located in a
13 county other than where the parent whose rights are to be
14 terminated resides, the adoption entity must obtain, from any
15 party executing an affidavit of nonpaternity or consent, a
16 waiver of venue, which must be filed with the petition and
17 must be in substantially the following form:
18
19 WAIVER OF VENUE
20
21 I understand that I have the right to require that the
22 Petition to terminate my parental rights be filed in the
23 county where I reside. I waive such right so that the Petition
24 to Terminate Parental Rights may be filed by . . . (adoption
25 entity) . . . in . . . (county name) . . . County, Florida.
26
27 I understand that, after signing this waiver, I may
28 object to the county where the proceedings to terminate my
29 parental rights will be held by appearing at the hearing or by
30 filing a written objection, on the attached form, with the
31 Clerk of the Court who is located at . . . (address of court)
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1 . . . . If I later object to this transfer of venue, the case
2 will be transferred to a county in Florida in which I reside
3 if I intend to assert legally recognized grounds to contest a
4 termination of parental rights. If I have no such residence,
5 the case will be transferred to a county where another parent
6 resides or where at least one parent resided at the time of
7 signing a consent or affidavit of nonpaternity.
8
9 (10)(b)1. The waiver of venue must be a separate
10 document containing no consents, disclosures, or other
11 information unrelated to venue.
12 2. Adoption entities must attach to the waiver of
13 venue a form that the parent whose rights are to be terminated
14 may use to request a transfer of venue for the proceeding.
15 This form must contain the intended caption of the action for
16 termination of parental rights and information identifying the
17 child which will be sufficient for the clerk to properly file
18 the form upon receipt.
19 3. This form must include a notice that if an adoption
20 entity knows that a parent whose rights will be terminated
21 intends to object to the termination but intentionally files
22 the petition for termination of parental rights in a county
23 which is not consistent with the required venue under such
24 circumstances, the adoption entity shall be responsible for
25 the attorney's fees of the parent contesting the transfer of
26 venue.
27 Section 13. Section 63.063, Florida Statutes, is
28 created to read:
29 63.063 Responsibility of each party for their own
30 actions; fraud or misrepresentation; statutory compliance.--
31
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1 (1) Each parent of a child conceived or born outside
2 of marriage is responsible for his or her own actions and is
3 not excused from compliance with the provisions of this
4 chapter based upon any action, statement, or omission of the
5 other parent or a third party, except as provided in s.
6 63.062(2)(a).
7 (2) Any person injured by a fraudulent representation
8 or action in connection with an adoption is entitled to pursue
9 civil or criminal penalties as provided by law. A fraudulent
10 representation is not a defense to compliance with the
11 requirements of this chapter and is not a basis for dismissing
12 a petition for termination of parental rights or a petition
13 for adoption, for vacating an adoption decree, or for granting
14 custody to the offended party. Custody and adoption
15 determinations shall be based on the best interest of the
16 child in accordance with s. 61.13.
17 (3) The Legislature finds no way to remove all risk of
18 fraud or misrepresentation in adoption proceedings and has
19 provided a method for absolute protection of an unmarried
20 biological father's rights by compliance with the provisions
21 of this chapter. In balancing the rights and interests of the
22 state and of all parties affected by fraud, including the
23 child, the adoptive parents, and the unmarried biological
24 father, the Legislature has determined that the unmarried
25 biological father is in the best position to prevent or
26 ameliorate the effects of fraud and, therefore, has the burden
27 of preventing fraud.
28 (4) The Legislature finds that an unmarried biological
29 father who resides in another state may not, in every
30 circumstance, be reasonably presumed to know of and comply
31 with the requirements of this chapter. Therefore, if all of
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1 the following requirements have been met, an unmarried
2 biological father may contest a termination of parental rights
3 or subsequent adoption and, prior to entry of the final
4 judgment of adoption, assert his interest in the child.
5 Following such assertion, the court may, in its discretion,
6 proceed with an evidentiary hearing if:
7 (a) The unmarried biological father resides and has
8 resided in another state where the unmarried mother was also
9 located or resided.
10 (b) The unmarried mother left that state without
11 notifying or informing the unmarried biological father that
12 she could be located in the State of Florida.
13 (c) The unmarried biological father has, through every
14 reasonable means, attempted to locate the mother but does not
15 know or have reason to know that the mother is residing in the
16 State of Florida.
17 (d) The unmarried biological father has substantially
18 complied with the requirements of the state where the mother
19 previously resided or was located in order to protect and
20 preserve his parental interest and rights with regard to the
21 child.
22 Section 14. Section 63.064, Florida Statutes, is
23 created to read:
24 63.064 Persons whose consent to an adoption may be
25 waived.--The court may waive the consent of the following
26 individuals to an adoption:
27 (1) A parent who has deserted a child without means of
28 identification or who has abandoned a child.
29 (2) A parent whose parental rights have been
30 terminated by order of a court of competent jurisdiction.
31
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1 (3) A parent who has been judicially declared
2 incompetent and for whom restoration of competency is
3 medically improbable.
4 (4) A legal guardian or lawful custodian of the person
5 to be adopted, other than a parent, who has failed to respond
6 in writing to a request for consent for a period of 60 days or
7 who, after examination of his or her written reasons for
8 withholding consent, is found by the court to be withholding
9 his or her consent unreasonably.
10 (5) The spouse of the person to be adopted, if the
11 failure of the spouse to consent to the adoption is excused by
12 reason of prolonged and unexplained absence, unavailability,
13 incapacity, or circumstances that are found by the court to
14 constitute unreasonable withholding of consent.
15 Section 15. Section 63.082, Florida Statutes, is
16 amended to read:
17 63.082 Execution of consent to adoption or affidavit
18 of nonpaternity; family social and medical history; withdrawal
19 of consent.--
20 (1)(a) Consent to an adoption or an affidavit of
21 nonpaternity shall be executed as follows:
22 1.(a) If by the person to be adopted, by oral or
23 written statement in the presence of the court or by being
24 acknowledged before a notary public and in the presence of two
25 witnesses.
26 2.(b) If by an agency, by affidavit from its
27 authorized representative.
28 3.(c) If by any other person, in the presence of the
29 court or by affidavit acknowledged before a notary public and
30 in the presence of two witnesses .
31
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1 4.(d) If by a court, by an appropriate order or
2 certificate of the court.
3 (b) A minor parent has the power to consent to the
4 adoption of his or her child and has the power to relinquish
5 his or her control or custody of the child to an adoption
6 entity. Such consent or relinquishment is valid and has the
7 same force and effect as a consent or relinquishment executed
8 by an adult parent. A minor parent, having executed a consent
9 or relinquishment, may not revoke that consent upon reaching
10 the age of majority or otherwise becoming emancipated.
11 (c) A consent or an affidavit of nonpaternity executed
12 by a minor parent who is 14 years of age or younger must be
13 witnessed by a parent, legal guardian, or court-appointed
14 guardian ad litem.
15 (d) The notice and consent provisions of this chapter
16 as they relate to the birth of a child or to legal fathers do
17 not apply in cases in which the child is conceived as a result
18 of a violation of the criminal laws of this state, including,
19 but not limited to, sexual battery, lewd acts perpetrated upon
20 a minor, or incest.
21 (2) A consent that does not name or otherwise identify
22 the adopting parent is valid if the consent contains a
23 statement by the person consenting that the consent was
24 voluntarily executed and that identification of the adopting
25 parent is not required for granting the consent.
26 (3)(a) The department must provide a consent form and
27 a family social and medical history form to an adoption entity
28 that intends to place a child for adoption. Forms containing,
29 at a minimum, the same information as the forms promulgated by
30 the department must be attached to the petition to terminate
31 parental rights pending adoption and must contain such
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1 biological and sociological information or such information as
2 to the family medical history, regarding the minor and the
3 parents, as is required by the department. This form is not
4 required for adoptions of relatives, adult adoptions, or
5 adoptions of stepchildren, unless parental rights are being or
6 were terminated pursuant to chapter 39. The information must
7 be filed with the court in the termination of parental rights
8 proceeding incorporated into the final home investigation
9 report specified in s. 63.125.
10 (b) A good faith and diligent effort must be made to
11 have each parent whose identity is known and whose consent is
12 required Each parent must be interviewed by a representative
13 of the adoption entity department, a licensed child-placing
14 agency, or a licensed professional, pursuant to s. 63.092,
15 before the consent is executed, unless the parent cannot be
16 located or identified. A summary of each interview, or a
17 statement that the parent is unidentified, unlocated, or
18 unwilling or unavailable to be interviewed unlocated or
19 unidentified, must be filed with the petition to terminate
20 parental rights pending adoption and included in the final
21 home investigation report filed under s. 63.125. The interview
22 may be excused by the court for good cause. This interview is
23 not required for adoptions of relatives, adult adoptions, or
24 adoptions of stepchildren, unless parental rights are being or
25 were terminated pursuant to chapter 39.
26 (b) Consent executed by an appropriate order or
27 certificate of the court if executed under s. 63.062(5)(b)
28 must be attached to the petition to terminate parental rights
29 pending adoption.
30 (c) If any person who is required to consent or social
31 and medical history is unavailable because the person whose
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1 consent is required cannot be located or identified, the
2 petition to terminate parental rights pending adoption must be
3 accompanied by the affidavit of diligent search required under
4 s. 63.088.
5 (d) If any person who is required to consent is
6 unavailable because the person is deceased, the petition to
7 terminate parental rights pending adoption must be accompanied
8 by a certified copy of the death certificate. In an adoption
9 of a stepchild or a relative, the certified copy of the death
10 certificate of the person whose consent is required must be
11 attached to the petition for adoption.
12 (4)(a) An affidavit of nonpaternity may be executed
13 before the birth of the minor; however, the consent to an
14 adoption or affidavit of nonpaternity shall not be executed
15 before the birth of the minor.
16 (b) A consent to the adoption of a minor who is to be
17 placed for adoption with identified prospective adoptive
18 parents under s. 63.052, upon the minor's release from a
19 licensed hospital or birth center following birth, shall not
20 be executed by the birth mother sooner than 48 hours after the
21 minor's birth or the day the birth mother has been notified in
22 writing, either on her patient chart or in release paperwork,
23 that she is fit to be released from the a licensed hospital or
24 birth center, whichever is earlier. A consent by a biological
25 father or legal father may be executed at any time after the
26 birth of the child. A consent executed under this paragraph is
27 valid upon execution and may be withdrawn only if the court
28 finds that it was obtained by fraud or under duress. The
29 waiting period provided in this paragraph does not apply in
30 any case in which the revocation period in paragraph (c)
31 applies.
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1 (c) When the minor to be adopted is older than 6
2 months of age at the time of the execution of the consent not
3 placed pursuant to s. 63.052 upon the minor's release from a
4 licensed hospital or birth center following birth, the consent
5 to adoption may be executed at any time after the birth of the
6 minor. While such consent is valid upon execution; however, it
7 is subject to a the 3-day revocation period under subsection
8 (7) or may be revoked at any time prior to the placement of
9 the minor with the prospective adoptive parents, whichever is
10 later. If a consent has been executed, this subsection may not
11 be construed to provide a birth parent with more than 3 days
12 to revoke the that consent once the child has been placed with
13 the prospective adoptive parents. The revocation period
14 provided in this paragraph does not apply in any case in which
15 the waiting period in paragraph(b) applies.
16 (d) The consent to adoption or the affidavit of
17 nonpaternity must be signed in the presence of two witnesses
18 and be acknowledged before a notary public who is not signing
19 as one of the witnesses. The notary public must legibly note
20 on the consent or the affidavit the date and time of
21 execution. The witnesses' names must be typed or printed
22 underneath their signatures. The witnesses' home or business
23 addresses and social security numbers, driver's license
24 numbers, or state identification card numbers must be
25 included. The absence of a social security number, driver's
26 license number, or state identification card number shall not
27 invalidate the consent. The person who signs the consent or
28 the affidavit has the right to have at least one of the
29 witnesses be an individual who does not have an employment,
30 professional, or personal relationship with the adoption
31 entity or the prospective adoptive parents. The adoption
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1 entity must give reasonable notice to the person signing the
2 consent or affidavit of the right to select a witness of his
3 or her own choosing. The person who signs the consent or
4 affidavit must acknowledge in writing on the consent or
5 affidavit that such notice was given and indicate the witness,
6 if any, who was selected by the person signing the consent or
7 affidavit. The adoption entity must include its name, address,
8 and telephone number on the consent to adoption or affidavit
9 of nonpaternity.
10 (e) A consent to adoption being executed by the birth
11 parent must be contain, in at least 12-point 16-point
12 boldfaced type, an acknowledgment of the parent's rights in
13 substantially the following form:
14
15 CONSENT TO ADOPTION
16
17 YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO
18 DOES NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL
19 RELATIONSHIP WITH THE ADOPTION ENTITY OR THE PROSPECTIVE
20 ADOPTIVE PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED
21 AND TO SIGN IT AS A WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM
22 THAT YOU WERE NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE
23 WITNESS OR WITNESSES YOU SELECTED, IF ANY.
24
25 YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO
26 ANY OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE
27 SIGNING THIS CONSENT:
28
29 1. CONSULT WITH AN ATTORNEY;
30 2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
31 LEGALLY PROHIBITED;
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1 3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND
2 OR FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE
3 CHILD;
4 4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
5 PROHIBITED; AND
6 5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
7 AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
8
9 IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL
10 RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID, AND BINDING, AND
11 IRREVOCABLE EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES UNLESS
12 WITHDRAWN AS PERMITTED BY LAW. IF YOU ARE GIVING UP YOUR
13 RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR
14 ADOPTION WITH IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON THE
15 CHILD'S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER
16 FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED UPON THE
17 BIRTH MOTHER BEFORE SHE YOU MAY SIGN THE CONSENT FOR ADOPTION.
18 A BIRTH MOTHER YOU MUST WAIT 48 HOURS FROM THE TIME OF BIRTH,
19 OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
20 WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS,
21 THAT SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR
22 BIRTH CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY SIGN THE
23 CONSENT FOR ADOPTION MAY BE EXECUTED. A BIOLOGICAL FATHER MAY
24 EXECUTE A CONSENT AT ANY TIME AFTER THE BIRTH OF THE CHILD.
25 ONCE YOU HAVE SIGNED THE CONSENT, IT IS VALID, AND BINDING,
26 AND IRREVOCABLE AND CANNOT BE WITHDRAWN UNLESS A COURT FINDS
27 THAT IT WAS OBTAINED BY FRAUD OR UNDER DURESS.
28
29 IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD
30 OR DURESS AND YOU WISH TO REVOKE THAT CONSENT IF YOU ARE
31 GIVING UP YOUR RIGHTS TO A CHILD WHO IS NOT PLACED FOR
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1 ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR
2 BIRTH CENTER FOLLOWING BIRTH, YOU MAY SIGN THE CONSENT AT ANY
3 TIME AFTER THE BIRTH OF THE CHILD. WHILE THE CONSENT IS VALID
4 AND BINDING WHEN SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND.
5 THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN THE REVOCATION
6 PERIOD APPLIES, YOU MAY WITHDRAW YOUR CONSENT FOR ANY REASON
7 AT ANY TIME PRIOR TO THE PLACEMENT OF THE CHILD WITH THE
8 PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT WITHIN 3
9 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE CONSENT OR 1
10 BUSINESS DAY AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE
11 FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER.
12
13 TO WITHDRAW YOUR CONSENT DURING THE REVOCATION PERIOD,
14 YOU MUST:
15 1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER,
16 THAT YOU WISH TO WITHDRAW ARE WITHDRAWING YOUR CONSENT; AND.
17 2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY
18 FRAUD OR DURESS. MAIL THE LETTER AT A UNITED STATES POST
19 OFFICE WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE
20 CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE BIRTH MOTHER'S
21 DISCHARGE FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER
22 IS LATER. THE TERM "BUSINESS DAY" MEANS ANY DAY ON WHICH THE
23 UNITED STATES POSTAL SERVICE ACCEPTS CERTIFIED MAIL FOR
24 DELIVERY.
25 3. SEND THE LETTER BY CERTIFIED UNITED STATES MAIL
26 WITH RETURN RECEIPT REQUESTED.
27 4. PAY POSTAL COSTS AT THE TIME YOU MAIL THE LETTER.
28 5. KEEP THE CERTIFIED MAIL RECEIPT AS PROOF THAT
29 CONSENT WAS WITHDRAWN IN A TIMELY MANNER.
30
31
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1 TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT OF THE
2 CHILD WITH THE PROSPECTIVE ADOPTIVE PARENTS, YOU MUST NOTIFY
3 THE ADOPTION ENTITY, IN WRITING BY CERTIFIED UNITED STATES
4 MAIL, RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY YOU SHOULD
5 NOTIFY IS: . . . (name of adoption entity) . . . , . . .
6 (address of adoption entity) . . . , . . . (phone number of
7 adoption entity) . . . .
8
9 ONCE THE REVOCATION PERIOD IS OVER, OR THE CHILD HAS
10 BEEN PLACED WITH THE PROSPECTIVE ADOPTIVE PARENTS, WHICHEVER
11 OCCURS LATER, YOU MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN
12 PROVE IN COURT THAT CONSENT WAS OBTAINED BY FRAUD OR UNDER
13 DURESS.
14
15 This statement of rights is not required for the
16 adoption of a relative, an adult, a stepchild, or a child
17 older than 6 months of age. A consent form for the adoption of
18 a child older than 6 months of age at the time of execution of
19 consent must contain a statement outlining the revocation
20 rights provided in paragraph (c).
21 (5) Before any consent to adoption or affidavit of
22 nonpaternity is executed by a parent, but after the birth of
23 the minor, all requirements of disclosure under s. 63.085 must
24 be met.
25 (5)(6) A copy or duplicate original of each consent
26 signed in an action for termination of parental rights pending
27 adoption must be provided to the person who executed the
28 consent to adoption. The copy must be hand delivered, with a
29 written acknowledgment of receipt signed by the person whose
30 consent is required at the time of execution , or mailed by
31 first class United States mail to the address of record in the
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1 court file. If a copy of a consent cannot be provided as
2 required in this subsection, the adoption entity must execute
3 an affidavit stating why the copy of the consent was not
4 delivered is undeliverable. The original consent and
5 acknowledgment of receipt, an acknowledgment of mailing by the
6 adoption entity, or an affidavit stating why the copy of the
7 consent was not delivered, is undeliverable must be filed with
8 the petition for termination of parental rights pending
9 adoption.
10 (6)(a) If a birth parent executes a consent for
11 placement of a minor with an adoption entity or qualified
12 prospective adoptive parents and the minor child is in the
13 custody of the department, but parental rights have not yet
14 been terminated, the adoption consent shall be valid, binding,
15 and enforceable by the court.
16 (b) Upon execution of the consent of the birth parent,
17 the adoption entity shall be permitted to intervene in the
18 dependency case as a party in interest and shall provide the
19 court having jurisdiction over the minor pursuant to the
20 shelter or dependency petition filed by the department with a
21 copy of the preliminary home study of the prospective adoptive
22 parents and any other evidence of the suitability of the
23 placement. The preliminary home study shall be maintained with
24 strictest confidentiality within the dependency court file and
25 the department's file. A preliminary home study must be
26 provided to the court in all cases in which an adoption entity
27 has intervened pursuant to this section.
28 (c) Upon a determination by the court that the
29 prospective adoptive parents are properly qualified to adopt
30 the minor child and that the adoption appears to be in the
31 best interest of the minor child, the court shall immediately
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1 order the transfer of custody of the minor child to the
2 prospective adoptive parents, under the supervision of the
3 adoption entity. The adoption entity shall thereafter provide
4 monthly supervision reports to the department until
5 finalization of the adoption.
6 (d) In determining whether the best interest of the
7 child will be served by transferring the custody of the minor
8 child to the prospective adoptive parent selected by the birth
9 parent, the court shall give consideration to the rights of
10 the birth parent to determine an appropriate placement for the
11 child, the permanency offered, the child's bonding with any
12 potential adoptive home that the child has been residing in,
13 and the importance of maintaining sibling relationships, if
14 possible.
15 (7)(a) A consent that is being withdrawn under
16 paragraph (4)(c) may be withdrawn at any time prior to the
17 minor's placement with the prospective adoptive parents or by
18 notifying the adoption entity in writing by certified United
19 States mail, return receipt requested, not later than 3
20 business days after execution of the consent or 1 business day
21 after the date of the birth mother's discharge from a licensed
22 hospital or birth center, whichever occurs later. As used in
23 this subsection, the term "business day" means any day on
24 which the United States Postal Service accepts certified mail
25 for delivery.
26 (b) Upon receiving written notice from a person of
27 that person's desire to withdraw consent to adoption, the
28 adoption entity must contact the prospective adoptive parent
29 to arrange a time certain for the adoption entity to regain
30 physical custody of the minor, unless, upon a motion for
31 emergency hearing by the adoption entity, the court determines
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1 in written findings that placement of the minor with the
2 person withdrawing consent may endanger the minor, or the
3 person who desires to withdraw consent to the adoption would
4 not be required to consent to the adoption or has been
5 determined to have abandoned the child.
6 (c) If the court finds that such placement may
7 endanger the minor, the court must enter an order regarding
8 continued placement of the minor. The order shall include, but
9 not be limited to, whether temporary placement in foster care
10 is appropriate, whether an investigation by the department is
11 recommended, and whether a relative within the third degree is
12 available for the temporary placement.
13 (d) If the person withdrawing consent claims to be the
14 father of the minor but has not been established to be the
15 father by marriage, court order, or scientific testing, the
16 court may order scientific paternity testing and reserve
17 ruling on removal of the minor until the results of such
18 testing have been filed with the court.
19 (e) The adoption entity must return the minor within 3
20 business days after timely and proper notification of the
21 withdrawal of consent or after the court determines that
22 withdrawal is valid and binding upon consideration of an
23 emergency motion, as filed pursuant to paragraph (b), to the
24 physical custody of the person withdrawing consent or the
25 person directed by the court. If the person seeking to validly
26 withdraw consent claims to be the father of the minor but has
27 not been established to be the father by marriage, court
28 order, or scientific testing, the adoption entity may return
29 the minor to the care and custody of the mother, if she
30 desires such placement, and the mother is not otherwise
31 prohibited by law from having custody of the child.
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1 (f) Following the revocation period for withdrawal of
2 consent described in paragraph (a), or the placement of the
3 child with the prospective adoptive parents, whichever occurs
4 later, consent may be withdrawn only when the court finds that
5 the consent was obtained by fraud or under duress.
6 (g) An affidavit of nonpaternity may be withdrawn only
7 if the court finds that the affidavit was obtained by fraud or
8 under duress.
9 Section 16. Section 63.085, Florida Statutes, is
10 amended to read:
11 63.085 Disclosure by adoption entity.--
12 (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
13 ADOPTIVE PARENTS.--Not later than 14 7 days after a person
14 seeking to adopt a minor or a person seeking to place a minor
15 for adoption contacts an adoption entity in person or provides
16 the adoption entity with a mailing address, the entity must
17 provide a written disclosure statement to that person if the
18 entity agrees or continues to work with such person. If an
19 adoption entity is assisting in the effort to terminate the
20 parental rights of a parent who did not initiate the contact
21 with the adoption entity, the written disclosure must be
22 provided within 14 7 days after that parent is identified and
23 located. For purposes of providing the written disclosure, a
24 person is considered to be seeking to place a minor for
25 adoption when that person has sought information or advice
26 from the adoption entity regarding the option of adoptive
27 placement. The written disclosure statement must be in
28 substantially the following form:
29
30 ADOPTION DISCLOSURE
31
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1 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE
2 PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A MINOR OR
3 SEEKING TO PLACE A MINOR FOR ADOPTION, TO ADVISE THEM OF THE
4 FOLLOWING FACTS REGARDING ADOPTION UNDER FLORIDA LAW:
5
6 1. The name, address, and telephone number of the
7 adoption entity providing this disclosure is:
8 Name:_____________________________________
9 Address:__________________________________
10 Telephone Number:_________________________
11 2. The adoption entity does not provide legal
12 representation or advice to birth parents, and birth parents
13 have the right to consult with an attorney of their own
14 choosing to advise them.
15 3. With the exception of an adoption by a stepparent
16 or relative, a child cannot be placed into a prospective
17 adoptive home unless the prospective adoptive parents have
18 received a favorable preliminary home study, including
19 criminal and child abuse clearances.
20 4. A valid consent for adoption may not be signed by
21 the birth mother until 48 hours after the birth of the child,
22 or the day the birth mother is notified, in writing, that she
23 is fit for discharge from the licensed hospital or birth
24 center. A putative father may sign a valid consent for
25 adoption at any time after the birth of the child.
26 5. A consent for adoption signed before the child
27 attains the age of 6 months is binding and irrevocable from
28 the moment it is signed unless it can be proven in court that
29 the consent was obtained by fraud or duress. A consent for
30 adoption signed after the child attains the age of 6 months is
31 valid from the moment it is signed; however, it may be revoked
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1 until the child is placed in an adoptive home, or up to 3 days
2 after it was signed, whichever period is longer.
3 6. A consent for adoption is not valid if the
4 signature of the person who signed the consent was obtained by
5 fraud or duress.
6 7. There are alternatives to adoption, including
7 foster care, relative care, and parenting the child. There may
8 be services and sources of financial assistance in the
9 community available to birth parents if they choose to parent
10 the child.
11 8. A birth parent has the right to have a witness of
12 his or her choice, who is unconnected with the adoption entity
13 or the adoptive parents, to be present and witness the signing
14 of the consent or affidavit of nonpaternity.
15 9. A birth parent 14 years of age or younger must
16 have a parent, legal guardian, or court-appointed guardian ad
17 litem to assist and advise the birth parent as to the adoption
18 plan.
19 10. A birth parent has a right to receive supportive
20 counseling from a counselor, social worker, physician, clergy,
21 or attorney, and such counseling would be beneficial to the
22 birth parent.
23 11. The payment of living or medical expenses by the
24 prospective adoptive parents prior to the birth of the child
25 does not, in any way, obligate the birth parent to sign the
26 consent for adoption.
27 1. Under section 63.102, Florida Statutes, the
28 existence of a placement or adoption contract signed by the
29 parent or prospective adoptive parent, prior approval of that
30 contract by the court, or payment of any expenses permitted
31
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1 under Florida law does not obligate anyone to sign a consent
2 or ultimately place a minor for adoption.
3 2. Under sections 63.092 and 63.125, Florida
4 Statutes, a favorable preliminary home study, before the minor
5 may be placed in that home, and a final home investigation,
6 before the adoption becomes final, must be completed.
7 3. Under section 63.082, Florida Statutes, a consent
8 to adoption or affidavit of nonpaternity may not be signed
9 until after the birth of the minor.
10 4. Under section 63.082, Florida Statutes, if the
11 minor is to be placed for adoption with identified prospective
12 adoptive parents upon release from a licensed hospital or
13 birth center following birth, the consent to adoption may not
14 be signed until 48 hours after birth or until the day the
15 birth mother has been notified in writing, either on her
16 patient chart or in release papers, that she is fit to be
17 released from the licensed hospital or birth center, whichever
18 is sooner. The consent to adoption or affidavit of
19 nonpaternity is valid and binding upon execution unless the
20 court finds it was obtained by fraud or under duress.
21 5. Under section 63.082, Florida Statutes, if the
22 minor is not placed for adoption with the prospective adoptive
23 parent upon release from the hospital or birth center
24 following birth, a 3-day revocation period applies during
25 which consent may be withdrawn for any reason by notifying the
26 adoption entity in writing. In order to withdraw consent, the
27 written withdrawal of consent must be mailed at a United
28 States Post Office no later than 3 business days after
29 execution of the consent or 1 business day after the date of
30 the birth mother's discharge from a licensed hospital or birth
31 center, whichever occurs later. For purposes of mailing the
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1 withdrawal of consent, the term "business day" means any day
2 on which the United States Postal Service accepts certified
3 mail for delivery. The letter must be sent by certified United
4 States mail, return receipt requested. Postal costs must be
5 paid at the time of mailing and the receipt should be retained
6 as proof that consent was withdrawn in a timely manner.
7 6. Under section 63.082, Florida Statutes, and
8 notwithstanding the revocation period, the consent may be
9 withdrawn at any time prior to the placement of the child with
10 the prospective adoptive parent, by notifying the adoption
11 entity in writing by certified United States mail, return
12 receipt requested.
13 7. Under section 63.082, Florida Statutes, if an
14 adoption entity timely receives written notice from a person
15 of that person's desire to withdraw consent, the adoption
16 entity must contact the prospective adoptive parent to arrange
17 a time certain to regain physical custody of the child. Absent
18 a court order for continued placement of the child entered
19 under section 63.082, Florida Statutes, the adoption entity
20 must return the minor within 3 days after notification of the
21 withdrawal of consent to the physical custody of the person
22 withdrawing consent. After the revocation period for
23 withdrawal of consent ends, or after the placement of the
24 child with the prospective adoptive parent, whichever occurs
25 later, the consent may be withdrawn only if the court finds
26 that the consent was obtained by fraud or under duress.
27 8. Under section 63.082, Florida Statutes, an
28 affidavit of nonpaternity, once executed, may be withdrawn
29 only if the court finds that it was obtained by fraud or under
30 duress.
31
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1 9. Under section 63.082, Florida Statutes, a person
2 who signs a consent to adoption or an affidavit of
3 nonpaternity must be given reasonable notice of his or her
4 right to select a person who does not have an employment,
5 professional, or personal relationship with the adoption
6 entity or the prospective adoptive parents to be present when
7 the consent or affidavit is executed and to sign the consent
8 or affidavit as a witness.
9 10. Under section 63.088, Florida Statutes, specific
10 and extensive efforts are required by law to attempt to obtain
11 the consents required under section 63.062, Florida Statutes.
12 If these efforts are unsuccessful, the court may not enter a
13 judgment terminating parental rights pending adoption until
14 certain requirements have been met.
15 11. Under Florida law, an intermediary may represent
16 the legal interests of only the prospective adoptive parents.
17 Each person whose consent to an adoption is required under
18 section 63.062, Florida Statutes, is entitled to seek
19 independent legal advice and representation before signing any
20 document or surrendering parental rights.
21 12. Under section 63.182, Florida Statutes, an action
22 or proceeding of any kind to vacate, set aside, or otherwise
23 nullify a judgment of adoption or an underlying judgment
24 terminating parental rights pending adoption, on any ground,
25 including duress but excluding fraud, must be filed within 1
26 year after entry of the judgment terminating parental rights
27 pending adoption. Such an action or proceeding for fraud must
28 be filed within 2 years after entry of the judgment
29 terminating parental rights.
30 13. Under section 63.089, Florida Statutes, a
31 judgment terminating parental rights pending adoption is
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1 voidable and any later judgment of adoption of that minor is
2 voidable if, upon the motion of a parent, the court finds that
3 any person knowingly gave false information that prevented the
4 parent from timely making known his or her desire to assume
5 parental responsibilities toward the minor or to exercise his
6 or her parental rights. The motion must be filed with the
7 court that originally entered the judgment. The motion must be
8 filed within a reasonable time, but not later than 2 years
9 after the date the judgment to which the motion is directed
10 was entered.
11 14. Under section 63.165, Florida Statutes, the State
12 of Florida maintains a registry of adoption information.
13 Information about the registry is available from the
14 Department of Children and Family Services.
15 15. Under section 63.032, Florida Statutes, a court
16 may find that a parent has abandoned his or her child based on
17 conduct during the pregnancy or based on conduct after the
18 child is born. In addition, under section 63.089, Florida
19 Statutes, the failure of a parent to respond to notices of
20 proceedings involving his or her child shall result in
21 termination of parental rights of a parent. A lawyer can
22 explain what a parent must do to protect his or her parental
23 rights. Any parent wishing to protect his or her parental
24 rights should act IMMEDIATELY.
25 16. Each parent and prospective adoptive parent is
26 entitled to independent legal advice and representation.
27 Attorney information may be obtained from the yellow pages,
28 The Florida Bar's lawyer referral service, and local legal aid
29 offices and bar associations.
30
31
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1 17. Counseling services may be helpful while making a
2 parenting decision. Consult the yellow pages of the telephone
3 directory.
4 18. Medical and social services support is available
5 if the parent wishes to retain parental rights and
6 responsibilities. Consult the Department of Children and
7 Family Services.
8 19. Under section 63.039, Florida Statutes, an
9 adoption entity has certain legal responsibilities and may be
10 liable for damages to persons whose consent to an adoption is
11 required or to prospective adoptive parents for failing to
12 materially meet those responsibilities. Damages may also be
13 recovered from an adoption entity if a consent to adoption or
14 affidavit of nonpaternity is obtained by fraud or under duress
15 attributable to an adoption entity.
16 20. Under section 63.097, Florida Statutes,
17 reasonable living expenses of the birth mother may be paid by
18 the prospective adoptive parents and the adoption entity only
19 if the birth mother is unable to pay due to unemployment,
20 underemployment, or disability. The law also allows payment of
21 reasonable and necessary medical expenses, expenses necessary
22 to comply with the requirements of chapter 63, Florida
23 Statutes, court filing expenses, and costs associated with
24 advertising. Certain documented legal, counseling, and other
25 professional fees may be paid. Prior approval of the court is
26 not required until the cumulative total of amounts permitted
27 exceeds $2,500 in legal or other fees, $500 in court costs,
28 $3,000 in expenses, or $1,500 in cumulative expenses incurred
29 prior to the date the prospective adoptive parent retains the
30 adoption entity. The following fees, costs, and expenses are
31 prohibited:
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1 a. Any fee or expense that constitutes payment for
2 locating a minor for adoption.
3 b. Any lump-sum payment to the entity which is
4 nonrefundable directly to the payor or which is not itemized
5 on the affidavit.
6 c. Any fee on the affidavit which does not specify
7 the service that was provided and for which the fee is being
8 charged, such as a fee for facilitation or acquisition.
9
10 The court may reduce amounts charged or refund amounts
11 that have been paid if it finds that these amounts were more
12 than what was reasonable or allowed under the law.
13 21. Under section 63.132, Florida Statutes, the
14 adoption entity and the prospective adoptive parents must sign
15 and file with the court a written statement under oath listing
16 all the fees, expenses, and costs made, or agreed to be made,
17 by or on behalf of the prospective adoptive parents and any
18 adoption entity in connection with the adoption. The affidavit
19 must state whether any of the expenses were eligible to be
20 paid for by any other source.
21 22. Under section 63.132, Florida Statutes, the court
22 order approving the money spent on the adoption must be
23 separate from the judgment making the adoption final. The
24 court may approve only certain costs and expenses allowed
25 under section 63.097, Florida Statutes. The court may approve
26 only fees that are allowed under law and that it finds to be
27 "reasonable." A good idea of what is and is not allowed to be
28 paid for in an adoption can be determined by reading sections
29 63.097 and 63.132, Florida Statutes.
30
31
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1 (2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
2 must obtain a written statement acknowledging receipt of the
3 disclosure required under subsection (1) and signed by the
4 persons receiving the disclosure or, if it is not possible to
5 obtain such an acknowledgment, the adoption entity must
6 execute an affidavit stating why an acknowledgment could not
7 be obtained. If the disclosure was delivered by certified
8 United States mail, return receipt requested, a return receipt
9 signed by the person from whom acknowledgment is required is
10 sufficient to meet the requirements of this subsection. A copy
11 of the acknowledgment of receipt of the disclosure must be
12 provided to the person signing it. A copy of the
13 acknowledgment or affidavit executed by the adoption entity in
14 lieu of the acknowledgment must be maintained in the file of
15 the adoption entity. The original acknowledgment or affidavit
16 must be filed with the court. In the case of a disclosure
17 provided under subsection(1), the original acknowledgment or
18 affidavit must be included in the preliminary home study
19 required in s. 63.092.
20 (3) POSTBIRTH DISCLOSURE TO PARENTS.--Before execution
21 of any consent to adoption by a parent, but after the birth of
22 the minor, all requirements of subsections (1) and (2) for
23 making certain disclosures to a parent and obtaining a written
24 acknowledgment of receipt must be repeated.
25 (3)(4) REVOCATION OF CONSENT.--Failure to meet the
26 requirements of subsection (1) or subsection (2) subsections
27 (1)-(3) does not constitute grounds for revocation of a
28 consent to adoption or withdrawal of an affidavit of
29 nonpaternity unless the extent and circumstances of such a
30 failure result in a material failure of fundamental fairness
31 in the administration of due process, or the failure
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1 constitutes or contributes materially to fraud or duress in
2 obtaining a consent to adoption or affidavit of nonpaternity.
3 Section 17. Section 63.087, Florida Statutes, is
4 amended to read:
5 63.087 Proceeding to terminate parental rights pending
6 adoption; general provisions.--
7 (1) INTENT.--It is the intent of the Legislature that
8 a court determine whether a minor is legally available for
9 adoption through a separate proceeding terminating parental
10 rights prior to the filing of a petition for adoption.
11 (2) GOVERNING RULES.--The Florida Family Law Rules of
12 Procedure govern a proceeding to terminate parental rights
13 pending adoption unless otherwise provided by law.
14 (1)(3) JURISDICTION.--A court of this state which is
15 competent to decide child welfare or custody matters has
16 jurisdiction to hear all matters arising from a proceeding to
17 terminate parental rights pending adoption. All subsequent
18 proceedings for the adoption of the minor, if the petition for
19 termination is granted, must be conducted by the same judge
20 who conducted the termination proceedings, if that judge is
21 still available within the division of the court which
22 conducts termination or adoption cases or, if that judge is
23 unavailable, by another judge within the division.
24 (2)(4) VENUE.--
25 (a) A petition to terminate parental rights pending
26 adoption must be filed:
27 1. In the county where the child resides resided for
28 the previous 6 months;
29 2. If the child does not reside in the State of
30 Florida, in the county where the adoption entity is located is
31 younger than 6 months of age or has not continuously resided
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1 in one county for the previous 6 months, in the county where
2 the parent resided at the time of the execution of the consent
3 to adoption or the affidavit of nonpaternity;
4 3. If the child is younger than 6 months of age and a
5 waiver of venue has been obtained pursuant to s. 63.062 In the
6 county where the adoption entity is located or, if the
7 adoption entity has more than one place of business, in the
8 county which is located in closest proximity to the county in
9 which the parent whose rights are to be terminated resided at
10 the time of execution of the consent or affidavit of
11 nonpaternity;
12 4. If there is no consent or affidavit of nonpaternity
13 executed by a parent, in the county where the birth mother
14 resides; or
15 4.5. If neither parent resides in the state, in the
16 county where the adoption entity is located. The fact of the
17 minor's presence within the state confers jurisdiction on the
18 court in proceedings in the minor's case under this chapter,
19 or to a parent or guardian if due notice has been given.
20 (b) If a petition for termination of parental rights
21 has been filed and a parent whose rights are to be terminated
22 objects to venue, there must be a hearing in which the court
23 shall determine whether that parent intends to assert legally
24 recognized grounds to contest a termination of parental rights
25 and, if so, the court shall immediately transfer venue to the
26 county where that parent resides or resided at the time of the
27 execution of the consent, if there is such a county, or, if
28 not, a county where:
29 1. At least one parent whose rights are to be
30 terminated resides;
31
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1 2. At least one parent resided at the time of
2 execution of a consent or affidavit of nonpaternity; or
3 3. The adoption entity is located, if neither
4 subparagraph 1. nor subparagraph 2. applies.
5
6 For purposes of selecting venue, the court shall
7 consider the ease of access to the court for the parent who
8 intends to contest a termination of parental rights.
9 (c) If there is a transfer of venue, the court may
10 determine which party shall the adoption entity or the
11 petitioner must bear the cost of venue transfer.
12
13 For purposes of the hearing under this subsection,
14 witnesses located in another jurisdiction may testify by
15 deposition or testify by telephone, audiovisual means, or
16 other electronic means before a designated court or at another
17 location. Documentary evidence transmitted from another
18 location by technological means that do not produce an
19 original writing may not be excluded from evidence on an
20 objection based on the means of transmission. The court on its
21 own motion may otherwise prescribe the manner in which and the
22 terms upon which the testimony is taken.
23 (3)(5) PREREQUISITE FOR ADOPTION.--A petition for
24 adoption may not be filed until 30 days after the date the
25 court enters judge signed the judgment terminating parental
26 rights pending adoption under this chapter or , unless the
27 adoptee is an adult or the minor has been the subject of a
28 judgment terminating parental rights under chapter 39.
29 Adoptions of relatives, adult adoptions, or adoptions of
30 stepchildren shall not be required to file a separate
31 termination of parental rights proceeding pending adoption. In
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1 such cases, all required consents, affidavits, notices, and
2 acknowledgements shall be attached to the petition for
3 adoption or filed separately in the adoption proceeding.
4 (4)(6) PETITION.--
5 (a) A proceeding seeking to terminate parental rights
6 pending adoption pursuant to this chapter must be initiated by
7 the filing of an original petition after the birth of the
8 minor.
9 (b) The petition may be filed by a parent or person
10 having physical legal custody of the minor. The petition may
11 be filed by an adoption entity only if a parent or person
12 having physical or legal custody who has executed a consent to
13 adoption pursuant to s. 63.082 also consents in writing to the
14 adoption entity filing the petition. The original of such
15 consent must be filed with the petition.
16 (c) The petition must be entitled: "In the Matter of
17 the Termination of Parental Rights for the Proposed Adoption
18 of a Minor Child."
19 (d) A petition to terminate parental rights must be
20 consolidated with a previously filed petition for a
21 declaratory statement filed under s. 63.102. Only one filing
22 fee may be assessed for both the termination of parental
23 rights and declaratory statement petitions.
24 (d)(e) The petition to terminate parental rights
25 pending adoption must be in writing and signed by the
26 petitioner under oath stating the petitioner's good faith in
27 filing the petition. A written consent to adoption, affidavit
28 of nonpaternity, or affidavit of diligent search under s.
29 63.088, for each person whose consent to adoption is required
30 under s. 63.062, must be executed and attached.
31 (e)(f) The petition must include:
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1 1. The minor's name, gender, date of birth, and place
2 of birth. The petition must contain all names by which the
3 minor is or has been known, excluding the minor's prospective
4 adoptive name but including the minor's legal name at the time
5 of the filing of the petition, to allow interested parties to
6 the action, including parents, persons having legal custody of
7 the minor, persons with custodial or visitation rights to the
8 minor, and persons entitled to notice pursuant to the Uniform
9 Child Custody Jurisdiction Act or the Indian Child Welfare
10 Act, to identify their own interest in the action. In the case
11 of an infant child whose adoptive name appears on the original
12 birth certificate, the adoptive name shall not be included in
13 the petition, nor shall it be included elsewhere in the
14 termination of parental rights proceeding.
15 2. If the petition is filed before the day the minor
16 is 6 months old and if the identity or location of the father
17 is unknown, each city in which the mother resided or traveled,
18 in which conception may have occurred, during the 12 months
19 before the minor's birth, including the county and state in
20 which that city is located.
21 3. Unless a consent to adoption or affidavit of
22 nonpaternity executed by each person whose consent is required
23 under s. 63.062 is attached to the petition, the name and the
24 city of residence, including the county and state in which
25 that city is located, of:
26 a. The minor's mother;
27 b. Any man who the mother reasonably believes may be
28 the minor's father; and
29 c. Any person who has legal custody, as defined in s.
30 39.01, of the minor.
31
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1 If a required name or address is not known, the
2 petition must so state.
3 2.4. All information required by the Uniform Child
4 Custody Jurisdiction Act and the Indian Child Welfare Act.
5 3.5. A statement of the grounds under s. 63.089 upon
6 which the petition is based.
7 4.6. The name, address, and telephone number of any
8 adoption entity seeking to place the minor for adoption.
9 5.7. The name, address, and telephone number of the
10 division of the circuit court in which the petition is to be
11 filed.
12 6.8. A certification of compliance with the
13 requirements of s. 63.0425 regarding notice to grandparents of
14 an impending adoption.
15 (5) SUMMONS TO BE ISSUED.--The petitioner shall cause
16 a summons to be issued substantially in the form provided in
17 Form 1.902, Florida Rules of Civil Procedure. Petition and
18 summons shall be served upon any person whose consent has been
19 provided but who has not waived service of the pleadings and
20 notice of the hearing thereon and also upon any person whose
21 consent is required but who has not provided that consent.
22 (6)(7) ANSWER NOT REQUIRED.--An answer to the petition
23 or any pleading requiring an answer shall need not be filed in
24 accordance with the Florida Rules of Civil Procedure by any
25 minor, parent, or person having legal custody of the minor,
26 but any matter that might be set forth in an answer or other
27 pleading may be pleaded orally before the court or filed in
28 writing. However, Failure to file a written response or to
29 appear at the hearing on the petition constitutes grounds upon
30 which the court may terminate parental rights. The petitioner
31 shall provide notice of the final hearing by United States
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1 mail to any person who has been served with the summons and
2 petition for termination of parental rights within the
3 specified time periods. Notwithstanding the filing of any
4 answer or any pleading, any person present at the hearing to
5 terminate parental rights pending adoption whose consent to
6 adoption is required under s. 63.062 must:
7 (a) Be advised by the court that he or she has a right
8 to ask that the hearing be reset for a later date so that the
9 person may consult with an attorney; and
10 (b) Be given an opportunity to deny the allegations in
11 the petition; and
12 (c) Be given the opportunity to challenge the validity
13 of any consent or affidavit of nonpaternity signed by any
14 person.
15 Section 18. Section 63.088, Florida Statutes, is
16 amended to read:
17 63.088 Proceeding to terminate parental rights pending
18 adoption; notice and service; diligent search.--
19 (1) NOTICE REQUIRED.--An unmarried biological father,
20 by virtue of the fact that he has engaged in a sexual
21 relationship with a woman, is deemed to be on notice that a
22 pregnancy and an adoption proceeding regarding that child may
23 occur and that he has a duty to protect his own rights and
24 interest. He is, therefore, entitled to notice of a birth or
25 adoption proceeding with regard to that child only as provided
26 in this chapter.
27 (2)(1) INITIATE LOCATION AND IDENTIFICATION
28 PROCEDURES.--When the location or identity of a person whose
29 consent to an adoption is required but is not known, the
30 adoption entity must begin the inquiry and diligent search
31 process required by this section within a reasonable time
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1 period not later than 7 days after the date on which the
2 person seeking to place a minor for adoption has evidenced in
3 writing to the adoption entity a desire to place the minor for
4 adoption with that entity, or not later than 30 7 days after
5 the date any money is provided as permitted under this chapter
6 by the adoption entity for the benefit of the person seeking
7 to place a minor for adoption.
8 (3)(2) LOCATION AND IDENTITY KNOWN.--Before the court
9 may determine that a minor is available for adoption, and in
10 addition to the other requirements set forth in this chapter,
11 each person whose consent is required under s. 63.062, who has
12 not executed an affidavit of nonpaternity, and whose location
13 and identity have been determined by compliance with the
14 procedures in this section must be personally served, pursuant
15 to chapter 48, at least 20 30 days before the hearing with a
16 copy of the petition to terminate parental rights pending
17 adoption and with notice in substantially the following form:
18
19 NOTICE OF PETITION AND HEARING
20 TO TERMINATE PARENTAL RIGHTS
21 PENDING ADOPTION
22
23 A petition to terminate parental rights pending
24 adoption has been filed. A copy of the petition is being
25 served with this notice. There will be a hearing on the
26 petition to terminate parental rights pending adoption on . .
27 . (date) . . . at . . . (time) . . . before . . . (judge)
28 . . . at . . . (location, including complete name and street
29 address of the courthouse) . . . . The court has set aside .
30 . . (amount of time) . . . for this hearing. If you executed
31 a consent to adoption or an affidavit of nonpaternity and a
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1 waiver of venue, you have the right to request that the
2 hearing on the petition to terminate parental rights be
3 transferred to the county in which you reside. You may object
4 by appearing at the hearing or filing a written objection with
5 the court.
6
7 UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE
8 A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR
9 AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL
10 END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING THE MINOR
11 CHILD.
12
13 (4)(3) REQUIRED INQUIRY.--In proceedings initiated
14 under s. 63.087, the court must conduct an inquiry of the
15 person who is placing the minor for adoption and of any
16 relative or person having legal custody of the minor who is
17 present at the hearing and likely to have the following
18 information regarding the identity of:
19 (a) Any person to whom the mother of the minor was
20 married at any time when conception of the minor may have
21 occurred or at the time of the birth of the minor;
22 (b) Any person who has been declared by a court to be
23 the father of the minor;
24 (c) Any man who has adopted the minor;
25 (d)(c) Any man with whom the mother was cohabiting at
26 any time when conception of the minor may have occurred; and
27 (d) Any person the mother has reason to believe may be
28 the father and from whom she has received payments or promises
29 of support with respect to the minor or because of her
30 pregnancy;
31
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1 (e) Any person the mother has named as the father on
2 the birth certificate of the minor or in connection with
3 applying for or receiving public assistance;
4 (e)(f) Any person who has acknowledged or claimed
5 paternity of the minor; and
6 (g) Any person the mother has reason to believe may be
7 the father.
8
9 The information required under this subsection may be
10 provided to the court in the form of a sworn affidavit by a
11 person having personal knowledge of the facts, addressing each
12 inquiry enumerated in this subsection, except that, if the
13 inquiry identifies a father under paragraph (a), or paragraph
14 (b), or paragraph (c), the inquiry shall not continue further.
15 The inquiry required under this subsection may be conducted
16 before the birth of the minor.
17 (5)(4) LOCATION UNKNOWN; IDENTITY KNOWN.--If the
18 inquiry by the court under subsection (4) (3) identifies any
19 person whose consent to adoption is required under s. 63.062
20 and who has not executed a consent to adoption or an affidavit
21 of nonpaternity, and the location of the person from whom
22 consent is required is unknown, the adoption entity must
23 conduct a diligent search for that person which must include
24 inquiries concerning:
25 (a) The person's current address, or any previous
26 address, through an inquiry of the United States Postal
27 Service through the Freedom of Information Act;
28 (b) The last known employment of the person, including
29 the name and address of the person's employer. Inquiry should
30 be made of the last known employer as to any address to which
31 wage and earnings statements (W-2 forms) of the person have
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1 been mailed. Inquiry should be made of the last known employer
2 as to whether the person is eligible for a pension or
3 profit-sharing plan and any address to which pension or other
4 funds have been mailed;
5 (c) Regulatory agencies, including those regulating
6 licensing in the area where the person last resided;
7 (d) Names and addresses of relatives to the extent
8 such can be reasonably obtained from the petitioner or other
9 sources, contacts with those relatives, and inquiry as to the
10 person's last known address. The petitioner shall pursue any
11 leads of any addresses to which the person may have moved.
12 Relatives include, but are not limited to, parents, brothers,
13 sisters, aunts, uncles, cousins, nieces, nephews,
14 grandparents, great-grandparents, former or current in-laws,
15 stepparents, and stepchildren;
16 (e) Information as to whether or not the person may
17 have died and, if so, the date and location;
18 (f) Telephone listings in the area where the person
19 last resided;
20 (g) Inquiries of law enforcement agencies in the area
21 where the person last resided;
22 (h) Highway patrol records in the state where the
23 person last resided;
24 (i) Department of Corrections records in the state
25 where the person last resided;
26 (j) Hospitals in the area where the person last
27 resided;
28 (k) Records of utility companies, including water,
29 sewer, cable television, and electric companies, in the area
30 where the person last resided;
31
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1 (l) Records of the Armed Forces of the United States
2 as to whether there is any information as to the person;
3 (m) Records of the tax assessor and tax collector in
4 the area where the person last resided; and
5 (n) Search of one Internet databank locator service;
6 and
7 (o) Information held by all medical providers who
8 rendered medical treatment or care to the birth mother and
9 child, including the identity and location information of all
10 persons listed by the mother as being financially responsible
11 for the uninsured expenses of treatment or care and all
12 persons who made any such payments.
13
14 Any person contacted by a petitioner or adoption entity
15 who is requesting information pursuant to this subsection must
16 release the requested information to the petitioner or
17 adoption entity, except when prohibited by law, without the
18 necessity of a subpoena or court order.
19
20 An affidavit of diligent search executed by the
21 petitioner and the adoption entity must be filed with the
22 court confirming completion of each aspect of the diligent
23 search enumerated in this subsection and specifying the
24 results. The diligent search required under this subsection
25 may be conducted before the birth of the minor.
26 (6)(5) CONSTRUCTIVE SERVICE LOCATION UNKNOWN OR
27 IDENTITY UNKNOWN .--This subsection only applies if, as to any
28 person whose consent is required under s. 63.062 and who has
29 not executed a consent to adoption or an affidavit of
30 nonpaternity, the location or identity of the person is
31 unknown and the inquiry under subsection (3) fails to identify
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1 the person or the diligent search under subsection (4) fails
2 to locate the person. The unlocated or unidentified person
3 must be served notice under subsection (3) (2) by constructive
4 service in the manner provided in chapter 49 in each county
5 identified in the petition, as provided in s. 63.087(6). The
6 notice shall be published in the county where the person was
7 last known to have resided. The notice, in addition to all
8 information required under in the petition under s. 63.087(6)
9 and chapter 49, must include contain a physical description,
10 including, but not limited to, age, race, hair and eye color,
11 and approximate height and weight of the person, minor's
12 mother and of any person the mother reasonably believes may be
13 the father; the minor's date of birth, and the place of birth
14 of the minor. Constructive service by publication shall not be
15 required to provide notice to an identified birth father whose
16 consent is not required pursuant to ss. 63.062 and 63.064; and
17 any date and city, including the county and state in which the
18 city is located, in which conception may have occurred. If any
19 of the facts that must be included in the notice under this
20 subsection are unknown and cannot be reasonably ascertained,
21 the notice must so state.
22 Section 19. Section 63.089, Florida Statutes, is
23 amended to read:
24 63.089 Proceeding to terminate parental rights pending
25 adoption; hearing; grounds; dismissal of petition; judgment.--
26 (1) HEARING.--The court may terminate parental rights
27 pending adoption only after a full evidentiary hearing.
28 (2) HEARING PREREQUISITES.--The court may hold the
29 hearing only when:
30 (a) For each person whose consent to adoption is
31 required under s. 63.062:
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1 1. A consent under s. 63.082 has been executed and
2 filed with the court;
3 2. An affidavit of nonpaternity under s. 63.082 has
4 been executed and filed with the court; or
5 3. Notice has been provided under ss. 63.087 and
6 63.088; or
7 4. The certificate from the Office of Vital Statistics
8 has been provided to the court stating that a diligent search
9 has been made of the Florida Putative Father Registry created
10 in s. 63.054 and that no filing has been found pertaining to
11 the father of the child in question or, if a filing is found,
12 stating the name of the putative father and the time and date
13 of the filing.
14 (b) For each notice and petition that must be served
15 under ss. 63.087 and 63.088:
16 1. At least 20 30 days have elapsed since the date of
17 personal service and an affidavit of service has been filed
18 with the court;
19 2. At least 30 60 days have elapsed since the first
20 date of publication of constructive service and an affidavit
21 of service has been filed with the court; or
22 3. An affidavit of nonpaternity which affirmatively
23 waives service has been executed and filed with the court;
24 (c) The minor named in the petition has been born; and
25 (d) The petition contains all information required
26 under s. 63.087 and all affidavits of inquiry, diligent
27 search, and service required under s. 63.088 have been
28 obtained and filed with the court.
29 (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
30 ADOPTION.--The court may enter a judgment terminating parental
31 rights pending adoption if the court determines by clear and
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1 convincing evidence, supported by written findings of fact,
2 that each person whose consent to adoption is required under
3 s. 63.062:
4 (a) Has executed a valid consent that has not been
5 withdrawn under s. 63.082 and the consent was obtained
6 according to the requirements of this chapter;
7 (b) Has executed an affidavit of nonpaternity and the
8 affidavit was obtained according to the requirements of this
9 chapter;
10 (c) Has been served with a notice of the intended
11 adoption plan in accordance with the provisions of s.
12 63.062(3) and has failed to respond within the designated time
13 period;
14 (d)(c) Has been properly served notice of the
15 proceeding in accordance with the requirements of this chapter
16 and has failed to file a written answer or appear at the
17 evidentiary hearing resulting in the judgment terminating
18 parental rights pending adoption;
19 (e)(d) Has been properly served notice of the
20 proceeding in accordance with the requirements of this chapter
21 and has been determined under subsection (4) to have abandoned
22 the minor as defined in s. 63.032;
23 (f)(e) Is a parent of the person to be adopted, which
24 parent has been judicially declared incapacitated with
25 restoration of competency found to be medically improbable;
26 (g)(f) Is a person who has legal custody of the person
27 to be adopted, other than a parent, who has failed to respond
28 in writing to a request for consent for a period of 60 days
29 or, after examination of his or her written reasons for
30 withholding consent, is found by the court to be withholding
31 his or her consent unreasonably;
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1 (h)(g) Has been properly served notice of the
2 proceeding in accordance with the requirements of this
3 chapter, but has been found by the court, after examining
4 written reasons for the withholding of consent, to be
5 unreasonably withholding his or her consent; or
6 (i)(h) Is the spouse of the person to be adopted who
7 has failed to consent, and the failure of the spouse to
8 consent to the adoption is excused by reason of prolonged and
9 unexplained absence, unavailability, incapacity, or
10 circumstances that are found by the court to constitute
11 unreasonable withholding of consent.
12 (4) FINDING OF ABANDONMENT.--A finding of abandonment
13 resulting in a termination of parental rights must be based
14 upon clear and convincing evidence that a parent or person
15 having legal custody has abandoned the child in accordance
16 with the definition contained in s. 63.032(1). A finding of
17 abandonment may not be based upon a lack of emotional support
18 to a birth mother during her pregnancy, but may be based upon
19 emotional abuse or a refusal to provide reasonable financial
20 support, when able, to a birth mother during her pregnancy.
21 If, in the opinion of the court, the efforts of a parent or
22 person having legal custody of the child to support and
23 communicate with the child are only marginal efforts that do
24 not evince a settled purpose to assume all parental duties,
25 the court may declare the child to be abandoned. In making
26 this decision, the court may consider the conduct of a father
27 toward the child's mother during her pregnancy.
28 (a) In making a determination of abandonment at a
29 hearing for termination of parental rights pursuant to this
30 chapter, the court must consider, among other relevant factors
31 not inconsistent with this section:
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1 1. Whether the actions alleged to constitute
2 abandonment demonstrate a willful disregard for the safety or
3 welfare of the child or unborn child;
4 2. Whether other persons prevented the person alleged
5 to have abandoned the child from making the efforts referenced
6 in this subsection;
7 2.3. Whether the person alleged to have abandoned the
8 child, while being able, failed refused to provide financial
9 support after such person was informed he may be the father of
10 the child;
11 3.4. Whether the person alleged to have abandoned the
12 child, while being able, failed refused to pay for medical
13 treatment when such payment was requested by the person having
14 legal custody of the child and those expenses were not covered
15 by insurance or other available sources; and
16 4.5. Whether the amount of support provided or medical
17 expenses paid was appropriate, taking into consideration the
18 needs of the child and relative means and resources available
19 to the person alleged to have abandoned the child and
20 available to the person having legal custody of the child
21 during the period the child allegedly was abandoned; and
22 6. Whether the person having legal custody of the
23 child made the child's whereabouts known to the person alleged
24 to have abandoned the child, advised that person of the needs
25 of the child or the needs of the mother of an unborn child
26 with regard to the pregnancy, or informed that person of
27 events such as medical appointments and tests relating to the
28 child or, if unborn, the pregnancy.
29 (b) The child has been abandoned when the parent of a
30 child is incarcerated on or after October 1, 2001, in a state
31 or federal correctional institution and:
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1 1. The period of time for which the parent is expected
2 to be incarcerated will constitute a substantial portion of
3 the period of time before the child will attain the age of 18
4 years;
5 2. The incarcerated parent has been determined by the
6 court to be a violent career criminal as defined in s.
7 775.084, a habitual violent felony offender as defined in s.
8 775.084, convicted of child abuse as defined in s. 827.03, or
9 a sexual predator as defined in s. 775.21; has been convicted
10 of first degree or second degree murder in violation of s.
11 782.04 or a sexual battery that constitutes a capital, life,
12 or first degree felony violation of s. 794.011; or has been
13 convicted of an offense in another jurisdiction which is
14 substantially similar to one of the offenses listed in this
15 subparagraph. As used in this section, the term "substantially
16 similar offense" means any offense that is substantially
17 similar in elements and penalties to one of those listed in
18 this subparagraph, and that is in violation of a law of any
19 other jurisdiction, whether that of another state, the
20 District of Columbia, the United States or any possession or
21 territory thereof, or any foreign jurisdiction; or
22 3. The court determines by clear and convincing
23 evidence that continuing the parental relationship with the
24 incarcerated parent would be harmful to the child and, for
25 this reason, that termination of the parental rights of the
26 incarcerated parent is in the best interest of the child.
27 (c) The only conduct of a father toward a mother
28 during pregnancy that the court may consider in determining
29 whether the child has been abandoned is conduct that occurred
30 after the father was informed he may be the father of the
31 child or after diligent search and notice as provided in s.
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1 63.088 have been made to inform the father that he is, or may
2 be, the father of the child.
3 (5) DISMISSAL OF PETITION WITH PREJUDICE.--If the
4 court does not find by clear and convincing evidence that
5 parental rights of a parent should be terminated pending
6 adoption, the court must dismiss the petition with prejudice
7 and that parent's parental rights that were the subject of
8 such petition shall remain in full force under the law. The
9 order must include written findings in support of the
10 dismissal, including findings as to the criteria in subsection
11 (4) if rejecting a claim of abandonment. Parental rights may
12 not be terminated based upon a consent that the court finds
13 has been timely withdrawn under s. 63.082 or a consent to
14 adoption or affidavit of nonpaternity that the court finds was
15 obtained by fraud or under duress. The court must enter an
16 order based upon written findings providing for the placement
17 of the minor. The court may order scientific testing to
18 determine the paternity of the minor at any time during which
19 the court has jurisdiction over the minor. Further
20 proceedings, if any, regarding the minor must be brought in a
21 separate custody action under chapter 61, a dependency action
22 under chapter 39, or a paternity action under chapter 742.
23 (6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
24 ADOPTION.--
25 (a) The judgment terminating parental rights pending
26 adoption must be in writing and contain findings of fact as to
27 the grounds for terminating parental rights pending adoption.
28 (b) Within 7 days 24 hours after filing, the court
29 shall mail a copy of the judgment to the department, the
30 petitioner, those persons required to give consent under s.
31
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1 63.062, and the respondent . The clerk shall execute a
2 certificate of such each mailing.
3 (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL
4 RIGHTS.--
5 (a) A judgment terminating parental rights pending
6 adoption is voidable and any later judgment of adoption of
7 that minor is voidable if, upon the motion of a parent, the
8 court finds that a person knowingly gave false information
9 that prevented the parent from timely making known his or her
10 desire to assume parental responsibilities toward the minor or
11 meeting the requirements under this chapter to exercise his or
12 her parental rights. A motion for relief from a judgment
13 terminating parental rights under this subsection must be
14 filed with the court originally entering the judgment. The
15 motion must be filed within a reasonable time, but not later
16 than 1 year 2 years after the entry of the judgment
17 terminating parental rights.
18 (b) No later than 30 days after the filing of a motion
19 under this subsection, the court must conduct a preliminary
20 hearing to determine what contact, if any, shall be permitted
21 between a parent and the child pending resolution of the
22 motion. Such contact shall be considered only if it is
23 requested by a parent who has appeared at the hearing. If the
24 court orders contact between a parent and child, the order
25 must be issued in writing as expeditiously as possible and
26 must state with specificity any provisions regarding contact
27 with persons other than those with whom the child resides.
28 (c) At the preliminary hearing, the court, upon the
29 motion of any party or upon its own motion, may order
30 scientific testing to determine the paternity of the minor if
31 the person seeking to set aside the judgment is alleging to be
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1 the child's father and that fact has not previously been
2 determined by legitimacy or scientific testing. The court may
3 order supervised visitation with a person for whom scientific
4 testing for paternity has been ordered and who has previously
5 established a bonded relationship with the child. Such
6 visitation shall be conditioned upon the filing of those test
7 results with the court and such results establishing that
8 person's paternity of the minor.
9 (d) Unless otherwise agreed between the parties or for
10 good cause shown No later than 45 days after the preliminary
11 hearing, the court shall must conduct a final hearing on the
12 motion for relief from to set aside the judgment within 45
13 days after the filing and enter its written order as
14 expeditiously as possible thereafter.
15 (8) RECORDS; CONFIDENTIAL INFORMATION.--All papers and
16 records pertaining to a petition to terminate parental rights
17 pending adoption are related to the subsequent adoption of the
18 minor and are subject to the provisions of s. 63.162. The
19 confidentiality provisions of this chapter do not apply to the
20 extent information regarding persons or proceedings must be
21 made available as specified under s. 63.088.
22 Section 20. Section 63.092, Florida Statutes, is
23 amended to read:
24 63.092 Report to the court of intended placement by an
25 adoption entity; at-risk placement; preliminary study.--
26 (1) REPORT TO THE COURT.--The adoption entity must
27 report any intended placement of a minor for adoption with any
28 person who is not a relative related within the third degree
29 or a stepparent if the adoption entity has knowledge of, or
30 participates in, such intended placement. The report must be
31
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1 made to the court before the minor is placed in the home or
2 within 48 hours thereafter.
3 (2) AT-RISK PLACEMENT.--If the minor is placed in the
4 prospective adoptive home before the parental rights of the
5 minor's parents are terminated under s. 63.089, the placement
6 is an at-risk placement. If the placement is an at-risk
7 placement, the prospective adoptive parents must acknowledge
8 in writing before the minor may be placed in the prospective
9 adoptive home that the placement is at risk. The prospective
10 adoptive parents shall be advised by the adoption entity, in
11 writing, and that the minor is subject to removal from the
12 prospective adoptive home by the adoption entity or by court
13 order at any time prior to the finalization of the adoption.
14 (3) PRELIMINARY HOME STUDY.--Before placing the minor
15 in the intended adoptive home, a preliminary home study must
16 be performed by a licensed child-placing agency, a
17 child-caring agency registered under s. 409.176, a licensed
18 professional, or agency described in s. 61.20(2), unless the
19 adoptee is an adult or the petitioner is a stepparent, a
20 spouse of the parent, or a relative. The preliminary study
21 shall be completed within 30 days after the receipt by the
22 court of the adoption entity's report, but in no event may the
23 minor be placed in the prospective adoptive home prior to the
24 completion of the preliminary study unless ordered by the
25 court. If the adoptee is an adult or the petitioner is a
26 stepparent, a spouse of the parent, or a relative, a the
27 preliminary home study may be required by the court for good
28 cause shown. The department is required to perform the
29 preliminary home study only if there is no licensed
30 child-placing agency, child-caring agency registered under s.
31 409.176, licensed professional, or agency described in s.
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1 61.20(2), in the county where the prospective adoptive parents
2 reside. The preliminary home study must be made to determine
3 the suitability of the intended adoptive parents and may be
4 completed prior to identification of a prospective adoptive
5 minor. A favorable preliminary home study is valid for 1 year
6 after the date of its completion. Upon its completion, a copy
7 of the home study must be provided to the intended adoptive
8 parents who were the subject of the home study. A minor may
9 not be placed in an intended adoptive home before a favorable
10 preliminary home study is completed unless the adoptive home
11 is also a licensed foster home under s. 409.175. The
12 preliminary home study must include, at a minimum:
13 (a) An interview with the intended adoptive parents;
14 (b) Records checks of the department's central abuse
15 registry and criminal records correspondence checks pursuant
16 to s. 435.045 through the Department of Law Enforcement on the
17 intended adoptive parents;
18 (c) An assessment of the physical environment of the
19 home;
20 (d) A determination of the financial security of the
21 intended adoptive parents;
22 (e) Documentation of counseling and education of the
23 intended adoptive parents on adoptive parenting;
24 (f) Documentation that information on adoption and the
25 adoption process has been provided to the intended adoptive
26 parents;
27 (g) Documentation that information on support services
28 available in the community has been provided to the intended
29 adoptive parents; and
30 (h) A copy of each signed acknowledgment of receipt of
31 disclosure required by s. 63.085.
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1
2 If the preliminary home study is favorable, a minor may
3 be placed in the home pending entry of the judgment of
4 adoption. A minor may not be placed in the home if the
5 preliminary home study is unfavorable. If the preliminary
6 home study is unfavorable, the adoption entity may, within 20
7 days after receipt of a copy of the written recommendation,
8 petition the court to determine the suitability of the
9 intended adoptive home. A determination as to suitability
10 under this subsection does not act as a presumption of
11 suitability at the final hearing. In determining the
12 suitability of the intended adoptive home, the court must
13 consider the totality of the circumstances in the home. No
14 minor may be placed in a home in which there resides any
15 person determined by the court to be a sexual predator as
16 defined in s. 775.21 or to have been convicted of an offense
17 listed in s. 63.089(4)(b)2.
18 Section 21. Subsections (2), (3), (5), and (6) of
19 section 63.097, Florida Statutes, are amended to read:
20 63.097 Fees.--
21 (2) The following fees, costs, and expenses may be
22 assessed by the adoption entity or paid by the adoption entity
23 on behalf of the prospective adoptive parents:
24 (a) Reasonable living expenses of the birth mother
25 which the birth mother is unable to pay due to unemployment,
26 underemployment, or disability due to the pregnancy which is
27 certified by a medical professional who has examined the birth
28 mother, or any other disability defined in s. 110.215.
29 Reasonable living expenses are rent, utilities, basic
30 telephone service, food, toiletries, necessary clothing,
31 transportation, insurance, and expenses found by the court to
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1 be necessary for the health and well-being of the birth mother
2 and the unborn child. Such expenses may be paid during the
3 pregnancy and for a period of up to 6 weeks postpartum.
4 (b) Reasonable and necessary medical expenses. Such
5 expenses may be paid during the pregnancy and for a period of
6 up to 6 weeks postpartum.
7 (c) Expenses necessary to comply with the requirements
8 of this chapter, including, but not limited to, service of
9 process under s. 63.088, investigator fees, a diligent search
10 under s. 63.088, a preliminary home study under s. 63.092, and
11 a final home investigation under s. 63.125.
12 (d) Court filing expenses, court costs, and other
13 litigation expenses and birth certificate and medical record
14 expenses.
15 (e) Costs associated with advertising under s.
16 63.212(1)(g).
17 (f) The following professional fees:
18 1. A reasonable hourly fee or flat fee necessary to
19 provide legal representation to the adoptive parents or
20 adoption entity in a proceeding filed under this chapter.
21 2. A reasonable hourly fee or flat fee for contact
22 with the parent related to the adoption. In determining a
23 reasonable hourly fee under this subparagraph, the court must
24 consider if the tasks done were clerical or of such a nature
25 that the matter could have been handled by support staff at a
26 lesser rate than the rate for legal representation charged
27 under subparagraph 1. Such tasks specifically do not include
28 obtaining a parent's signature on any document; Such tasks
29 include, but need not be limited to, transportation,
30 transmitting funds, arranging appointments, and securing
31 accommodations.
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1 3. A reasonable hourly fee for counseling services
2 provided to a parent or a prospective adoptive parent by a
3 psychologist licensed under chapter 490 or a clinical social
4 worker, marriage and family therapist, or mental health
5 counselor licensed under chapter 491, or a counselor who is
6 employed by an adoption entity accredited by the Council on
7 Accreditation of Services for Children and Families to provide
8 pregnancy counseling and supportive services.
9 (3) Prior Approval of the court is not required until
10 the cumulative total of amounts permitted under subsection (2)
11 exceeds:
12 (a) $5,000 $2,500 in legal or other fees;
13 (b) $800 $500 in court costs; or
14 (c) $5,000 $3,000 in reasonable and necessary living
15 and medical expenses; or
16 (d) $1,500 cumulative expenses that are related to the
17 minor, the pregnancy, a parent, or adoption proceeding, which
18 expenses are incurred prior to the date the prospective
19 adoptive parent retains the adoption entity.
20 (5) The following fees, costs, and expenses are
21 prohibited:
22 (a) Any fee or expense that constitutes payment for
23 locating a minor for adoption.
24 (b) Any lump-sum payment to the entity which is
25 nonrefundable directly to the payor or which is not itemized
26 and documented on the affidavit filed under s. 63.132.
27 (c) Any fee on the affidavit which does not specify
28 the service that was provided and for which the fee is being
29 charged, such as a fee for facilitation, acquisition, or other
30 similar service, or which does not identify the date the
31 service was provided, the time required to provide the
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1 service, the person or entity providing the service, and the
2 hourly fee charged.
3 (6) Unless otherwise indicated in this section, when
4 an adoption entity uses the services of a licensed
5 child-placing agency, a professional, any other person or
6 agency pursuant to s. 63.092, or, if necessary, the
7 department, the person seeking to adopt the child must pay the
8 licensed child-placing agency, professional, other person or
9 agency, or the department an amount equal to the cost of all
10 services performed, including, but not limited to, the cost of
11 conducting the preliminary home study, counseling, and the
12 final home investigation. The court, upon a finding that the
13 person seeking to adopt the child is financially unable to pay
14 that amount, may order that such person pay a lesser amount.
15 Section 22. Section 63.102, Florida Statutes, is
16 amended to read:
17 63.102 Filing of petition for adoption or declaratory
18 statement; venue; proceeding for approval of fees and costs.--
19 (1) PETITION FOR ADOPTION.--A petition for adoption
20 may not be filed until 30 days after the date of the entry of
21 the judgment terminating parental rights pending adoption
22 under this chapter, unless the adoptee is an adult, the
23 petitioner is a stepparent or a relative, or the minor has
24 been the subject of a judgment terminating parental rights
25 under chapter 39. After a judgment terminating parental rights
26 has been entered, a proceeding for adoption may be commenced
27 by filing a petition entitled, "In the Matter of the Adoption
28 of ____" in the circuit court. The person to be adopted shall
29 be designated in the caption in the name by which he or she is
30 to be known if the petition is granted. Any name by which the
31
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1 minor was previously known may not be disclosed in the
2 petition, the notice of hearing, or the judgment of adoption.
3 (2) VENUE.--A petition for adoption or for a
4 declaratory statement as to the adoption contract shall be
5 filed in the county where the petition for termination of
6 parental rights was granted, unless the court, in accordance
7 with s. 47.122, changes the venue to the county where the
8 petitioner or petitioners or the minor resides or where the
9 adoption entity with which the minor has been placed is
10 located. The circuit court in this state must retain
11 jurisdiction over the matter until a final judgment is entered
12 on the adoption. The Uniform Child Custody Jurisdiction Act
13 does not apply until a final judgment is entered on the
14 adoption.
15 (3) FILING OF ADOPTION PETITION REQUIRED.--Unless
16 leave of court is granted for good cause shown, a petition for
17 adoption shall be filed not later than 60 days after entry of
18 the final judgment terminating parental rights. Except for
19 adoptions involving placement of a minor with a relative
20 within the third degree of consanguinity, a petition for
21 adoption in an adoption handled by an adoption entity shall be
22 filed within 60 working days after entry of the judgment
23 terminating parental rights. If no petition is filed within
24 60 days, any interested party, including the state, may file
25 an action challenging the prospective adoptive parent's
26 physical custody of the minor.
27 (4) CONFIDENTIALITY.--If the filing of the petition
28 for adoption or for a declaratory statement as to the adoption
29 contract in the county where the petitioner or minor resides
30 would tend to endanger the privacy of the petitioner or minor,
31 the petition for adoption may be filed in a different county,
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1 provided the substantive rights of any person will not thereby
2 be affected.
3 (5) PRIOR APPROVAL OF FEES AND COSTS.--A proceeding
4 for prior approval of fees and costs may be commenced any time
5 after an agreement is reached between the birth mother and the
6 adoptive parents by filing a petition for declaratory
7 statement on the agreement entitled "In the Matter of the
8 Proposed Adoption of a Minor Child" in the circuit court.
9 (a) The petition must be filed jointly by the adoption
10 entity with the consent of the parties to and each person who
11 enters into the agreement.
12 (b) A contract for the payment of fees, costs, and
13 expenses permitted under this chapter must be in writing, and
14 any person who enters into the contract has 3 business days in
15 which to cancel the contract unless placement of the child has
16 occurred. To cancel the contract, the person must notify the
17 adoption entity in writing by certified United States mail,
18 return receipt requested, no later than 3 business days after
19 signing the contract. For the purposes of this subsection, the
20 term "business day" means a day on which the United States
21 Postal Service accepts certified mail for delivery. If the
22 contract is canceled within the first 3 business days, the
23 person who cancels the contract does not owe any legal,
24 intermediary, or other fees, but may be responsible for the
25 adoption entity's actual costs during that time.
26 (c) The court may grant prior approval only of fees
27 and expenses permitted under s. 63.097. A prior approval of
28 prospective fees and costs shall does not create a presumption
29 that these items will subsequently be approved by the court
30 under s. 63.132. The court, under s. 63.132, may order an
31 adoption entity to refund any amounts amount paid under this
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1 subsection that are is subsequently found by the court to be
2 greater than fees, costs, and expenses actually incurred.
3 (d) The contract may not require, and the court may
4 not approve, any lump-sum payment to the entity which is
5 nonrefundable to the payor or any amount that constitutes
6 payment for locating a minor for adoption.
7 (e) A declaratory statement as to the adoption
8 contract, regardless of when filed, shall be consolidated with
9 any related petition for adoption. The clerk of the court
10 shall only assess one filing fee that includes the adoption
11 action, the declaratory statement petition, and the petition
12 for termination of parental rights. When a petition for a
13 declaratory statement as to the adoption contract is filed
14 prior to the commencement of proceedings to terminate parental
15 rights, it must be filed in accordance with the venue
16 requirements for the filing of the petition terminating
17 parental rights under s. 63.087. Pursuant to s. 63.087, a
18 previously filed petition for a declaratory statement filed
19 under this section must be consolidated with a related
20 subsequently filed petition for termination of parental
21 rights. If the petition for declaratory statement is filed
22 after the judgment terminating parental rights has been
23 entered, the action for declaratory statement must be
24 consolidated with any related petition for adoption. Only one
25 filing fee may be assessed for both the adoption and
26 declaratory statement petitions.
27 (f) Prior approval of fees and costs by the court does
28 not obligate the parent to ultimately relinquish the minor for
29 adoption.
30 (6) STEPCHILD, RELATIVE, AND ADULT
31 ADOPTIONS.--Petitions for the adoption of a stepchild, a
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1 relative, or an adult shall not require the filing of a
2 separate judgment or separate proceeding terminating parental
3 rights pending adoption. The final judgment of adoption shall
4 have the effect of terminating parental rights simultaneously
5 with the granting of the decree of adoption.
6 Section 23. Section 63.112, Florida Statutes, is
7 amended to read:
8 63.112 Petition for adoption; description; report or
9 recommendation, exceptions; mailing.--
10 (1) A sufficient number of copies of The petition for
11 adoption shall be signed and verified by the petitioner and
12 filed with the clerk of the court so that service may be made
13 under subsection (4) and shall state:
14 (a) The date and place of birth of the person to be
15 adopted, if known;
16 (b) The name to be given to the person to be adopted;
17 (c) The date petitioner acquired custody of the minor
18 and the name of the adoption entity person placing the minor,
19 if any;
20 (d) The full name, age, and place and duration of
21 residence of the petitioner;
22 (e) The marital status of the petitioner, including
23 the date and place of marriage, if married, and divorces, if
24 applicable to the adoption by a stepparent any;
25 (f) A statement that the petitioner is able to provide
26 for the material needs of the child The facilities and
27 resources of the petitioner, including those under a subsidy
28 agreement, available to provide for the care of the minor to
29 be adopted;
30 (g) A description and estimate of the value of any
31 property of the person to be adopted;
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1 (h) The case style and date of entry of the judgment
2 terminating parental rights or, if the adoptee is an adult or
3 a minor relative or a stepchild of the petitioner, the
4 address, if known, of any person whose consent to the adoption
5 is required and, if such person has not consented, the facts
6 or circumstances that excuse the lack of consent to justify a
7 termination of parental rights; and
8 (i) The reasons why the petitioner desires to adopt
9 the person.
10 (2) The following documents are required to be filed
11 with the clerk of the court at the time the petition is filed:
12 (a) A certified copy of the court judgment terminating
13 parental rights under chapter 39 or under this chapter or, if
14 the adoptee is an adult or a minor relative or stepchild of
15 the petitioner, the required consent, unless such consent is
16 excused by the court.
17 (b) The favorable preliminary home study of the
18 department, licensed child-placing agency, or professional
19 pursuant to s. 63.092, as to the suitability of the home in
20 which the minor has been placed, unless the petitioner is a
21 stepparent or a relative.
22 (c) A copy of any declaratory statement previously
23 entered by the court pursuant to s. 63.102.
24 (d) The surrender document must include Documentation
25 that an interview was held with the minor, if older than 12
26 years of age, unless the court, in the best interest of the
27 minor, dispenses with the minor's consent under s.
28 63.062(1)(c)(g) .
29 (3) Unless ordered by the court, no report or
30 recommendation is required when the placement is a stepparent
31 adoption or an adult adoption or when the minor is a relative
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1 of related to one of the adoptive parents within the third
2 degree.
3 (4) The clerk of the court shall mail a copy of the
4 petition within 24 hours after filing, and execute a
5 certificate of mailing, to the adoption entity placing the
6 minor, if any.
7 Section 24. Section 63.122, Florida Statutes, is
8 amended to read:
9 63.122 Notice of hearing on petition.--
10 (1) After the petition to adopt a minor is filed, the
11 court must establish a time and place for hearing the
12 petition. The hearing on the petition to adopt a minor may not
13 be held sooner than 30 days after the date the judgment
14 terminating parental rights was entered or sooner than 90 days
15 after the date the minor was placed in the physical custody of
16 the petitioner, unless good cause is shown for a shortening of
17 these time periods. The minor must remain under the
18 supervision of the adoption entity until the adoption becomes
19 final. When the adoptee is an adult, the hearing may be held
20 immediately after the filing of the petition. If the
21 petitioner is a stepparent or a relative of the adoptee spouse
22 of the birth parent, the hearing may be held immediately after
23 the filing of the petition if all persons whose consent is
24 required have executed a valid consent and the consent has
25 been filed with the court.
26 (2) Notice of hearing must be given as prescribed by
27 the Florida Rules of Civil Procedure, and service of process
28 must be made as specified by law for civil actions.
29 (3) Upon a showing by the petitioner that the safety
30 and welfare privacy of the petitioner or minor may be
31 endangered, the court may order the names of the petitioner or
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1 minor, or both, to be deleted from the notice of hearing and
2 from the copy of the petition attached thereto, provided the
3 substantive rights of any person will not thereby be affected.
4 (4) Notice of the hearing must be given by the
5 petitioner to the adoption entity that places the minor.
6 (5) After filing the petition to adopt an adult, a
7 notice of the time and place of the hearing must be given to
8 any person whose consent to the adoption is required but who
9 has not consented. the court may order an appropriate
10 investigation to assist in determining whether the adoption is
11 in the best interest of the persons involved and is in
12 accordance with state law.
13 Section 25. Subsection (2) of section 63.125, Florida
14 Statutes, is amended to read:
15 63.125 Final home investigation.--
16 (2) The department, the licensed child-placing agency,
17 or the professional that performs the investigation must file
18 a written report of the investigation with the court and the
19 petitioner within 90 days after placement the date the
20 petition is filed.
21 Section 26. Subsections (1) and (4) of section 63.132,
22 Florida Statutes, are amended to read:
23 63.132 Affidavit of expenses and receipts.--
24 (1) At least 10 days Before the hearing on the
25 petition for adoption, the prospective adoptive parent and any
26 adoption entity must file two copies of an affidavit under
27 this section.
28 (a) The affidavit must be signed by the adoption
29 entity and the prospective adoptive parents. A copy of the
30 affidavit must be provided to the adoptive parents at the time
31 the affidavit is executed.
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1 (b) The affidavit must itemize all disbursements and
2 receipts of anything of value, including professional and
3 legal fees, made or agreed to be made by or on behalf of the
4 prospective adoptive parent and any adoption entity in
5 connection with the adoption or in connection with any prior
6 proceeding to terminate parental rights which involved the
7 minor who is the subject of the petition for adoption. The
8 affidavit must also include, for each legal or counseling fee
9 itemized, the service provided for which the fee is being
10 charged, the date the service was provided, the time required
11 to provide the service if the service was charged by the hour,
12 the person or entity that provided the service, and the hourly
13 fee charged.
14 (c) The clerk of the court shall forward a copy of the
15 affidavit to the department.
16 (c)(d) The affidavit must show any expenses or
17 receipts incurred in connection with:
18 1. The birth of the minor.
19 2. The placement of the minor with the petitioner.
20 3. The medical or hospital care received by the mother
21 or by the minor during the mother's prenatal care and
22 confinement.
23 4. The living expenses of the birth mother. The living
24 expenses must be itemized documented in detail to apprise the
25 court of the exact expenses incurred.
26 5. The services relating to the adoption or to the
27 placement of the minor for adoption that were received by or
28 on behalf of the petitioner, the adoption entity, either
29 parent, the minor, or any other person.
30
31
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1 The affidavit must state whether any of these expenses
2 were paid for by collateral sources, including, but not
3 limited to, health insurance, Medicaid, Medicare, or public
4 assistance.
5 (4) This section does not apply to an adoption by a
6 stepparent or an adoption of a relative or adult whose spouse
7 is a parent of the child.
8 Section 27. Subsection (1) of section 63.135, Florida
9 Statutes, is amended to read:
10 63.135 Information under oath to be submitted to the
11 court.--
12 (1) Each party in an adoption proceeding involving a
13 child over the age of 6 months, in the first pleading or in an
14 affidavit attached to that pleading, shall give information
15 under oath as to the child's present address, the places where
16 the child has lived within the last 5 years, and the names and
17 present addresses of the persons with whom the child has lived
18 during that period. In the pleading or affidavit each party
19 shall further declare under oath whether:
20 (a) The party has participated as a party or witness
21 or in any other capacity in any other litigation concerning
22 the custody of the same child in this or any other state;
23 (b) The party has information of any custody
24 proceeding concerning the child pending in a court of this or
25 any other state; and
26 (c) The party knows of any person not a party to the
27 proceedings who has physical custody of the child or claims to
28 have custody or visitation rights with respect to the child.
29 Section 28. Subsections (1) and (4) of section 63.142,
30 Florida Statutes, are amended to read:
31 63.142 Hearing; judgment of adoption.--
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1 (1) APPEARANCE.--The petitioner and the person to be
2 adopted shall appear either in person or, with the permission
3 of the court, telephonically before a person authorized to
4 administer an oath at the hearing on the petition for
5 adoption, unless:
6 (a) The person is a minor under 12 years of age; or
7 (b) The appearance presence of either is excused by
8 the court for good cause.
9 (4) JUDGMENT.--At the conclusion of the hearing, after
10 the court determines that the date for a parent to file an
11 appeal of a valid judgment terminating that parent's parental
12 rights has passed and no appeal, pursuant to the Florida Rules
13 of Appellate Procedure, is pending and that the adoption is in
14 the best interest of the person to be adopted, a judgment of
15 adoption shall be entered.
16 (a) A judgment terminating parental rights pending
17 adoption is voidable and any later judgment of adoption of
18 that minor is voidable if, upon a parent' s motion for relief
19 from judgment to set aside of a parent, the court finds that
20 the adoption fails to meet the requirements of this chapter
21 any person knowingly gave false information that prevented the
22 parent from timely making known his or her desire to assume
23 parental responsibilities toward the minor or meeting the
24 requirements under this chapter to exercise his or her
25 parental rights. A motion under this paragraph must be filed
26 with the court that entered the original judgment. The motion
27 must be filed within a reasonable time, but not later than 1
28 year 2 years after the date the judgment terminating parental
29 rights was entered.
30 (b) Except upon good cause shown, no later than 30
31 days after the filing of a motion under this subsection, the
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1 court must conduct a preliminary hearing to determine what
2 contact, if any, shall be permitted between a parent and the
3 child pending resolution of the motion. Such contact shall be
4 considered only if it is requested by a parent who has
5 appeared at the hearing. If the court orders contact between a
6 parent and child, the order must be issued in writing as
7 expeditiously as possible and must state with specificity any
8 provisions regarding contact with persons other than those
9 with whom the child resides.
10 (c) At the preliminary hearing, the court, upon the
11 motion of any party or its own motion, may order scientific
12 testing to determine the paternity of the minor if the person
13 seeking to set aside the judgment is alleging to be the
14 child's father and that fact has not previously been
15 determined by legitimacy or scientific testing. The court may
16 order supervised visitation with a person for whom scientific
17 testing for paternity has been ordered. Such visitation shall
18 be conditioned upon the filing of those test results with the
19 court and such results establishing that person' s paternity
20 of the minor.
21 (d) Except upon good cause shown, no later than 45
22 days after the preliminary hearing, the court must conduct a
23 final hearing on the motion to set aside the judgment and
24 issue its written order as expeditiously as possible
25 thereafter.
26 Section 29. Section 63.152, Florida Statutes, is
27 amended to read:
28 63.152 Application for new birth record.--Within 30
29 days after entry of a judgment of adoption, the clerk of the
30 court, and in agency adoptions, any child-placing agency
31 licensed by the department, shall transmit prepare a certified
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1 statement of the entry to for the state registrar of vital
2 statistics on a form provided by the registrar. A new birth
3 record containing the necessary information supplied by the
4 certificate shall be issued by the registrar on application of
5 the adopting parents or the adopted person.
6 Section 30. Subsection (2) of section 63.162, Florida
7 Statutes, is amended to read:
8 63.162 Hearings and records in adoption proceedings;
9 confidential nature.--
10 (2) All papers and records pertaining to the adoption,
11 including the original birth certificate, whether part of the
12 permanent record of the court or a file in the office of an
13 adoption entity are confidential and subject to inspection
14 only upon order of the court; however, the petitioner in any
15 proceeding for adoption under this chapter may, at the option
16 of the petitioner, make public the reasons for a denial of the
17 petition for adoption. The order must specify which portion of
18 the records are subject to inspection, and it may exclude the
19 name and identifying information concerning the parent or
20 adoptee. Papers and records of the department, a court, or any
21 other governmental agency, which papers and records relate to
22 adoptions, are exempt from s. 119.07(1). In the case of an
23 adoption not handled by the department or a child-placing
24 agency licensed by the department a nonagency adoption , the
25 department must be given notice of hearing and be permitted to
26 present to the court a report on the advisability of
27 disclosing or not disclosing information pertaining to the
28 adoption. In the case of an agency adoption, the licensed
29 child-placing agency must be given notice of hearing and be
30 permitted to present to the court a report on the advisability
31 of disclosing or not disclosing information pertaining to the
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1 adoption. This subsection does not prohibit the department
2 from inspecting and copying any official record pertaining to
3 the adoption that is maintained by the department or from
4 inspecting and copying any of the official records maintained
5 by an agency licensed by the department and does not prohibit
6 an agency from inspecting and copying any official record
7 pertaining to the adoption that is maintained by that agency.
8 Section 31. Subsection (1) of section 63.167, Florida
9 Statutes, is amended to read:
10 63.167 State adoption information center.--
11 (1) The department shall establish a state adoption
12 information center for the purpose of increasing public
13 knowledge about adoption and promoting to adolescents and
14 pregnant women the availability of adoption services. The
15 department shall contract with one or more a licensed
16 child-placing agencies agency to operate the state adoption
17 information center.
18 Section 32. Section 63.182, Florida Statutes, is
19 amended to read:
20 63.182 Statute of repose.--Notwithstanding s. 95.031
21 or s. 95.11 or any other statute,:
22 (1) an action or proceeding of any kind to vacate, set
23 aside, or otherwise nullify a judgment of adoption or an
24 underlying judgment terminating parental rights on any ground
25 may not, including duress but excluding fraud, shall in no
26 event be filed more than 1 year after entry of the judgment
27 terminating parental rights.
28 (2) An action or proceeding of any kind to vacate, set
29 aside, or otherwise nullify a judgment of adoption or an
30 underlying judgment terminating parental rights on grounds of
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1 fraud shall in no event be filed more than 2 years after entry
2 of the judgment terminating parental rights.
3 Section 33. Section 63.185, Florida Statutes, is
4 repealed.
5 Section 34. Subsection (1) of section 63.207, Florida
6 Statutes, is amended to read:
7 63.207 Out-of-state placement.--
8 (1) Unless the parent placing a minor for adoption
9 files an affidavit that the parent chooses to place the minor
10 outside the state, giving the reason for that placement, or
11 the minor is to be placed with a relative within the third
12 degree or with a stepparent, or the minor is a special needs
13 child, as defined in s. 409.166, or for other good cause
14 shown, an adoption entity may not:
15 (a) Take or send a minor out of the state for the
16 purpose of placement for adoption; or
17 (b) Place or attempt to place a minor for the purpose
18 of adoption with a family who primarily lives and works
19 outside Florida in another state. If an adoption entity is
20 acting under this subsection, the adoption entity must file a
21 petition for declaratory statement pursuant to s. 63.102 for
22 prior approval of fees and costs. The court shall review the
23 costs pursuant to s. 63.097. The petition for declaratory
24 statement must be converted to a petition for an adoption upon
25 placement of the minor in the home. When a minor is placed for
26 adoption with prospective adoptive parents who primarily live
27 and work outside this state, the circuit court in this state
28 may must retain jurisdiction over the matter until the
29 adoption becomes final. The prospective adoptive parents may
30 finalize the adoption in this state must come to this state to
31 have the adoption finalized. Violation of the order subjects
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1 the adoption entity to contempt of court and to the penalties
2 provided in s. 63.212.
3 Section 35. Subsections (1), (4), (7), and (8) of
4 section 63.212, Florida Statutes, are amended to read:
5 63.212 Prohibited acts; penalties for violation;
6 preplanned adoption agreement.--
7 (1) It is unlawful for any person:
8 (a) To place or attempt to place a minor for adoption
9 with a person who primarily lives and works outside this state
10 unless all of the requirements of the Interstate Compact for
11 the Placement of Children, when applicable, have been met
12 unless the minor is placed with a relative within the third
13 degree or with a stepparent. This requirement does not apply
14 if the minor is placed by an adoption entity in accordance
15 with s. 63.207.
16 (b) Except an adoption entity, to place or attempt to
17 place within the state a minor for adoption unless the minor
18 is placed with a relative within the third degree or with a
19 stepparent. This prohibition, however, does not apply to a
20 person who is placing or attempting to place a minor for the
21 purpose of adoption with the adoption entity.
22 (c) To sell or surrender, or to arrange for the sale
23 or surrender of, a minor to another person for money or
24 anything of value or to receive such minor child for such
25 payment or thing of value. If a minor is being adopted by a
26 relative within the third degree or by a stepparent, or is
27 being adopted through an adoption entity, this paragraph does
28 not prohibit the person who is contemplating adopting the
29 child from paying, under ss. 63.097 and 63.132, the actual
30 prenatal care and living expenses of the mother of the child
31 to be adopted, or from paying, under ss. 63.097 and 63.132,
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1 the actual living and medical expenses of such mother for a
2 reasonable time, not to exceed 6 weeks, if medical needs
3 require such support, after the birth of the minor.
4 (d) Having the rights and duties of a parent with
5 respect to the care and custody of a minor to assign or
6 transfer such parental rights for the purpose of, incidental
7 to, or otherwise connected with, selling or offering to sell
8 such rights and duties.
9 (e) To assist in the commission of any act prohibited
10 in paragraphs(a)-(d). In the case of a stepparent adoption,
11 this paragraph does not preclude the forgiveness of vested
12 child support arrearages owed by a parent.
13 (f) Except an adoption entity, to charge or accept any
14 fee or compensation of any nature from anyone for making a
15 referral in connection with an adoption.
16 (g) Except an adoption entity, to advertise or offer
17 to the public, in any way, by any medium whatever that a minor
18 is available for adoption or that a minor is sought for
19 adoption; and, further, it is unlawful for any person to
20 publish or broadcast any such advertisement without including
21 a Florida license number of the agency or attorney placing the
22 advertisement.
23 (h) To contract for the purchase, sale, or transfer of
24 custody or parental rights in connection with any child, in
25 connection with any fetus yet unborn, or in connection with
26 any fetus identified in any way but not yet conceived, in
27 return for any valuable consideration. Any such contract is
28 void and unenforceable as against the public policy of this
29 state. However, fees, costs, and other incidental payments
30 made in accordance with statutory provisions for adoption,
31 foster care, and child welfare are permitted, and a person may
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1 agree to pay expenses in connection with a preplanned adoption
2 agreement as specified below, but the payment of such expenses
3 may not be conditioned upon the transfer of parental
4 rights. Each petition for adoption which is filed in
5 connection with a preplanned adoption agreement must clearly
6 identify the adoption as a preplanned adoption arrangement and
7 must include a copy of the preplanned adoption agreement for
8 review by the court.
9 1. Individuals may enter into a preplanned adoption
10 arrangement as specified herein, but such arrangement shall
11 not in any way:
12 a. Effect final transfer of custody of a child or
13 final adoption of a child, without review and approval of the
14 department and the court, and without compliance with other
15 applicable provisions of law.
16 b. Constitute consent of a mother to place her child
17 for adoption until 7 days following birth, and unless the
18 court making the custody determination or approving the
19 adoption determines that the mother was aware of her right to
20 rescind within the 7-day period following birth but chose not
21 to rescind such consent.
22 2. A preplanned adoption arrangement shall be based
23 upon a preplanned adoption agreement that must include, but
24 need not be limited to, the following terms:
25 a. That the volunteer mother agrees to become pregnant
26 by the fertility technique specified in the agreement, to bear
27 the child, and to terminate any parental rights and
28 responsibilities to the child she might have through a written
29 consent executed at the same time as the preplanned adoption
30 agreement, subject to a right of rescission by the volunteer
31 mother any time within 7 days after the birth of the child.
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1 b. That the volunteer mother agrees to submit to
2 reasonable medical evaluation and treatment and to adhere to
3 reasonable medical instructions about her prenatal health.
4 c. That the volunteer mother acknowledges that she is
5 aware that she will assume parental rights and
6 responsibilities for the child born to her as otherwise
7 provided by law for a mother, if the intended father and
8 intended mother terminate the agreement before final transfer
9 of custody is completed, or if a court determines that a
10 parent clearly specified by the preplanned adoption agreement
11 to be the biological parent is not the biological parent, or
12 if the preplanned adoption is not approved by the court
13 pursuant to the Florida Adoption Act.
14 d. That an intended father who is also the biological
15 father acknowledges that he is aware that he will assume
16 parental rights and responsibilities for the child as
17 otherwise provided by law for a father, if the agreement is
18 terminated for any reason by any party before final transfer
19 of custody is completed or if the planned adoption is not
20 approved by the court pursuant to the Florida Adoption Act.
21 e. That the intended father and intended mother
22 acknowledge that they may not receive custody or the parental
23 rights under the agreement if the volunteer mother terminates
24 the agreement or if the volunteer mother rescinds her consent
25 to place her child for adoption within 7 days after birth.
26 f. That the intended father and intended mother may
27 agree to pay all reasonable legal, medical, psychological, or
28 psychiatric expenses of the volunteer mother related to the
29 preplanned adoption arrangement, and may agree to pay the
30 reasonable living expenses of the volunteer mother. No other
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1 compensation, whether in cash or in kind, shall be made
2 pursuant to a preplanned adoption arrangement.
3 g. That the intended father and intended mother agree
4 to accept custody of and to assert full parental rights and
5 responsibilities for the child immediately upon the child's
6 birth, regardless of any impairment to the child.
7 h. That the intended father and intended mother shall
8 have the right to specify the blood and tissue typing tests to
9 be performed if the agreement specifies that at least one of
10 them is intended to be the biological parent of the child.
11 i. That the agreement may be terminated at any time by
12 any of the parties.
13 3. A preplanned adoption agreement shall not contain
14 any provision:
15 a. To reduce any amount paid to the volunteer mother
16 if the child is stillborn or is born alive but impaired, or to
17 provide for the payment of a supplement or bonus for any
18 reason.
19 b. Requiring the termination of the volunteer mother's
20 pregnancy.
21 4. An attorney who represents an intended father and
22 intended mother or any other attorney with whom that attorney
23 is associated shall not represent simultaneously a female who
24 is or proposes to be a volunteer mother in any matter relating
25 to a preplanned adoption agreement or preplanned adoption
26 arrangement.
27 5. Payment to agents, finders, and intermediaries,
28 including attorneys and physicians, as a finder's fee for
29 finding volunteer mothers or matching a volunteer mother and
30 intended father and intended mother is prohibited. Doctors,
31 psychologists, attorneys, and other professionals may receive
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1 reasonable compensation for their professional services, such
2 as providing medical services and procedures, legal advice in
3 structuring and negotiating a preplanned adoption agreement,
4 or counseling.
5 6. As used in this paragraph, the term:
6 a. "Blood and tissue typing tests" include, but are
7 not limited to, tests of red cell antigens, red cell
8 isoenzymes, human leukocyte antigens, and serum proteins.
9 b. "Child" means the child or children conceived by
10 means of an insemination that is part of a preplanned adoption
11 arrangement.
12 c. "Fertility technique" means artificial
13 embryonation, artificial insemination, whether in vivo or in
14 vitro, egg donation, or embryo adoption.
15 d. "Intended father" means a male who, as evidenced by
16 a preplanned adoption agreement, intends to have the parental
17 rights and responsibilities for a child conceived through a
18 fertility technique, regardless of whether the child is
19 biologically related to the male.
20 e. "Intended mother" means a female who, as evidenced
21 by a preplanned adoption agreement, intends to have the
22 parental rights and responsibilities for a child conceived
23 through a fertility technique, regardless of whether the child
24 is biologically related to the female.
25 f. "Parties" means the intended father and intended
26 mother, the volunteer mother and her husband, if she has a
27 husband, who are all parties to the preplanned adoption
28 agreement.
29 g. "Preplanned adoption agreement" means a written
30 agreement among the parties that specifies the intent of the
31 parties as to their rights and responsibilities in the
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1 preplanned adoption arrangement, consistent with the
2 provisions of this act.
3 h. "Preplanned adoption arrangement" means the
4 arrangement through which the parties enter into an agreement
5 for the volunteer mother to bear the child, for payment by the
6 intended father and intended mother of the expenses allowed by
7 this act, for the intended father and intended mother to
8 assert full parental rights and responsibilities to the child
9 if consent to adoption is not rescinded after birth by the
10 volunteer mother, and for the volunteer mother to terminate,
11 subject to a right of rescission, in favor of the intended
12 father and intended mother all her parental rights and
13 responsibilities to the child.
14 i. "Volunteer mother" means a female person at least
15 18 years of age who voluntarily agrees, subject to a right of
16 rescission, that if she should become pregnant pursuant to a
17 preplanned adoption arrangement, she will terminate in favor
18 of the intended father and intended mother her parental rights
19 and responsibilities to the child.
20 (4) It is unlawful for any adoption entity to fail to
21 report to the court, within a reasonable time period prior to
22 placement, the intended placement of a minor for purposes of
23 adoption with any person not a stepparent or a relative within
24 the third degree, if the adoption entity participates in such
25 intended placement.
26 (7) It is unlawful for any adoption entity to obtain a
27 preliminary home study or final home investigation and fail to
28 disclose the existence of the study or investigation to the
29 court when required by law to do so.
30 (8) Unless otherwise indicated, a person who willfully
31 and with criminal intent violates any provision of this
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1 section, excluding paragraph (1)(g), commits a felony of the
2 third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084. A person who willfully and with
4 criminal intent violates paragraph (1)(g) commits a
5 misdemeanor of the second degree, punishable as provided in s.
6 775.083; and each day of continuing violation shall be
7 considered a separate offense.
8 Section 36. Section 63.213, Florida Statutes, is
9 created to read:
10 63.213 Preplanned adoption agreement.--
11 (1) Individuals may enter into a preplanned adoption
12 arrangement as specified in this section, but such arrangement
13 may not in any way:
14 (a) Effect final transfer of custody of a child or
15 final adoption of a child without review and approval of the
16 court and without compliance with other applicable provisions
17 of law.
18 (b) Constitute consent of a mother to place her child
19 for adoption until 48 hours following birth and unless the
20 court making the custody determination or approving the
21 adoption determines that the mother was aware of her right to
22 rescind within the 48-hour period following birth but chose
23 not to rescind such consent.
24 (2) A preplanned adoption agreement must include, but
25 need not be limited to, the following terms:
26 (a) That the volunteer mother agrees to become
27 pregnant by the fertility technique specified in the
28 agreement, to bear the child, and to terminate any parental
29 rights and responsibilities to the child she might have
30 through a written consent executed at the same time as the
31 preplanned adoption agreement, subject to a right of
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1 rescission by the volunteer mother any time within 48 hours
2 after the birth of the child.
3 (b) That the volunteer mother agrees to submit to
4 reasonable medical evaluation and treatment and to adhere to
5 reasonable medical instructions about her prenatal health.
6 (c) That the volunteer mother acknowledges that she is
7 aware that she will assume parental rights and
8 responsibilities for the child born to her as otherwise
9 provided by law for a mother if the intended father and
10 intended mother terminate the agreement before final transfer
11 of custody is completed, if a court determines that a parent
12 clearly specified by the preplanned adoption agreement to be
13 the biological parent is not the biological parent, or if the
14 preplanned adoption is not approved by the court pursuant to
15 the Florida Adoption Act.
16 (d) That an intended father who is also the biological
17 father acknowledges that he is aware that he will assume
18 parental rights and responsibilities for the child as
19 otherwise provided by law for a father if the agreement is
20 terminated for any reason by any party before final transfer
21 of custody is completed or if the planned adoption is not
22 approved by the court pursuant to the Florida Adoption Act.
23 (e) That the intended father and intended mother
24 acknowledge that they may not receive custody or the parental
25 rights under the agreement if the volunteer mother terminates
26 the agreement or if the volunteer mother rescinds her consent
27 to place her child for adoption within 48 hours after birth.
28 (f) That the intended father and intended mother may
29 agree to pay all reasonable legal, medical, psychological, or
30 psychiatric expenses of the volunteer mother related to the
31 preplanned adoption arrangement and may agree to pay the
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1 reasonable living expenses and wages lost due to the pregnancy
2 and birth of the volunteer mother and reasonable compensation
3 for inconvenience, discomfort, and medical risk. No other
4 compensation, whether in cash or in kind, shall be made
5 pursuant to a preplanned adoption arrangement.
6 (g) That the intended father and intended mother agree
7 to accept custody of and to assert full parental rights and
8 responsibilities for the child immediately upon the child's
9 birth, regardless of any impairment to the child.
10 (h) That the intended father and intended mother shall
11 have the right to specify the blood and tissue typing tests to
12 be performed if the agreement specifies that at least one of
13 them is intended to be the biological parent of the child.
14 (i) That the agreement may be terminated at any time
15 by any of the parties.
16 (3) A preplanned adoption agreement shall not contain
17 any provision:
18 (a) To reduce any amount paid to the volunteer mother
19 if the child is stillborn or is born alive but impaired, or to
20 provide for the payment of a supplement or bonus for any
21 reason.
22 (b) Requiring the termination of the volunteer
23 mother's pregnancy.
24 (4) An attorney who represents an intended father and
25 intended mother or any other attorney with whom that
26 attorney is associated shall not represent simultaneously a
27 female who is or proposes to be a volunteer mother in any
28 matter relating to a preplanned adoption agreement or
29 preplanned adoption arrangement.
30 (5) Payment to agents, finders, and intermediaries,
31 including attorneys and physicians, as a finder's fee for
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1 finding volunteer mothers or matching a volunteer mother and
2 intended father and intended mother is prohibited. Doctors,
3 psychologists, attorneys, and other professionals may receive
4 reasonable compensation for their professional services, such
5 as providing medical services and procedures, legal advice in
6 structuring and negotiating a preplanned adoption agreement,
7 or counseling.
8 (6) As used in this section, the term:
9 (a) "Blood and tissue typing tests" include, but are
10 not limited to, tests of red cell antigens, red cell
11 isoenzymes, human leukocyte antigens, and serum proteins.
12 (b) "Child" means the child or children conceived by
13 means of an insemination that is part of a preplanned adoption
14 arrangement.
15 (c) "Fertility technique" means artificial
16 embryonation, artificial insemination, whether in vivo or in
17 vitro, egg donation, or embryo adoption.
18 (d) "Intended father" means a male who, as evidenced
19 by a preplanned adoption agreement, intends to assert the
20 parental rights and responsibilities for a child conceived
21 through a fertility technique, regardless of whether the child
22 is biologically related to the male.
23 (e) "Intended mother" means a female who, as evidenced
24 by a preplanned adoption agreement, intends to assert the
25 parental rights and responsibilities for a child conceived
26 through a fertility technique, regardless of whether the child
27 is biologically related to the female.
28 (f) "Party" means the intended father, the intended
29 mother, the volunteer mother, or the volunteer
30 mother's husband, if she has a husband.
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1 (g) "Preplanned adoption agreement" means a written
2 agreement among the parties that specifies the intent of the
3 parties as to their rights and responsibilities in the
4 preplanned adoption arrangement, consistent with the
5 provisions of this section.
6 (h) "Preplanned adoption arrangement" means the
7 arrangement through which the parties enter into an agreement
8 for the volunteer mother to bear the child, for payment by the
9 intended father and intended mother of the expenses allowed by
10 this section, for the intended father and intended mother to
11 assert full parental rights and responsibilities to the child
12 if consent to adoption is not rescinded after birth by the
13 volunteer mother, and for the volunteer mother to terminate,
14 subject to a right of rescission, all her parental rights and
15 responsibilities to the child in favor of the intended father
16 and intended mother.
17 (i) "Volunteer mother" means a female at least 18
18 years of age who voluntarily agrees, subject to a right of
19 rescission, that if she should become pregnant pursuant to a
20 preplanned adoption arrangement, she will terminate her
21 parental rights and responsibilities to the child in favor of
22 the intended father and intended mother.
23 Section 37. Section 63.219, Florida Statutes, is
24 amended to read:
25 63.219 Sanctions.--Upon a finding by the court that an
26 adoption entity has willfully violated any substantive
27 provision of this chapter relative to the rights of the
28 parties to the adoption and legality of the adoption process,
29 the court is authorized to prohibit the adoption entity from
30 placing a minor for adoption in the future in this state.
31
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1 Section 38. Section 63.235, Florida Statutes, is
2 amended to read:
3 63.235 Petitions filed before effective date October
4 1, 2001; governing law.--Any petition for adoption filed
5 before the effective date of this act October 1, 2001, shall
6 be governed by the law in effect at the time the petition was
7 filed.
8 Section 39. This act shall take effect upon becoming a
9 law.
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