The Florida Senate

63.122  Notice of hearing on petition.--

(1)  After the petition to adopt a minor is filed, the court must establish a time and place for hearing the petition. The hearing must not be held sooner than 90 days after the placing of the minor in the physical custody of the petitioner. The minor must remain under the supervision of the department, an intermediary, or a licensed child-placing agency until the adoption becomes final. When the petitioner is a spouse of the birth parent, the hearing may be held immediately after the filing of the petition.

(2)  Notice of hearing must be given as prescribed by the rules of civil procedure, and service of process must be made as specified by law for civil actions.

(3)  Upon a showing by the petitioner that the privacy of the petitioner or child may be endangered, the court may order the names of the petitioner or child, or both, to be deleted from the notice of hearing and from the copy of the petition attached thereto, provided the substantive rights of any person will not thereby be affected.

(4)  Notice of the hearing must be given by the petitioner to:

(a)  The department or any licensed child-placing agency placing the minor.

(b)  The intermediary.

(c)  Any person whose consent to the adoption is required by this act who has not consented, unless such person's consent is excused by the court.

(d)  Any person who is seeking to withdraw consent.

(5)  After filing the petition to adopt an adult, a notice of the time and place of the hearing must be given to any person whose consent to the adoption is required but who has not consented. The court may order an appropriate investigation to assist in determining whether the adoption is in the best interest of the persons involved.

History.--s. 12, ch. 73-159; s. 9, ch. 75-226; s. 20. ch. 77-147; s. 13, ch. 92-96.