The Florida Senate

63.082  Execution of consent; family medical history; withdrawal of consent.--

(1)  Consent shall be executed as follows:

(a)  If by the person to be adopted, by oral or written statement in the presence of the court or by being acknowledged before a notary public.

(b)  If by an agency, by affidavit from its authorized representative.

(c)  If by any other person, in the presence of the court or by affidavit.

(d)  If by a court, by an appropriate order or certificate of the court.

(2)  A consent that does not name or otherwise identify the adopting parent is valid if the consent contains a statement by the person consenting that the consent was voluntarily executed and that identification of the adopting parent is not required for granting the consent.

(3)(a)  The department must provide a consent form and a family medical history form to an intermediary who intends to place a child for adoption. The forms completed by the birth parents must be attached to the petition and must contain such biological and sociological information, or such information as to the family medical history, regarding the child and the birth parents as is required by the department. The information must be incorporated into the final home investigation report specified in s. 63.125. The court may also require that the birth mother be interviewed by a representative of the department, a licensed child-placing agency, or a professional pursuant to s. 63.092.

(b)  Consent executed by the department, by a licensed child-placing agency, or by an appropriate order or certificate of the court must be attached to the petition and must be accompanied by a family medical history that includes such information concerning the medical history of the child and the birth parents as is available or readily obtainable.

(4)  The consent for voluntary surrender must be executed only after the birth of the child, in the presence of two witnesses, and be acknowledged before a notary public. The witnesses' names must be typed or printed underneath their signatures, and their home or business addresses and social security numbers must be included. The absence of a social security number shall not be deemed to invalidate the consent.

(5)  Consent may be withdrawn only when the court finds that the consent was obtained by fraud or duress.

History.--s. 8, ch. 73-159; s. 17, ch. 77-147; s. 2, ch. 78-190; s. 2, ch. 91-99; s. 7, ch. 92-96.