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Child Adoption Laws |
2005 Florida Statutes |
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Part 1 (Below) Part 2 (Click Here) ADOPTION 63.012 Short title. 63.022 Legislative intent. 63.032 Definitions. 63.037 Proceedings applicable to cases resulting from a termination of parental rights under chapter 39. 63.039 Duty of adoption entity to prospective adoptive parents; sanctions. 63.042 Who may be adopted; who may adopt. 63.0423 Procedures with respect to abandoned infants. 63.0425 Grandparent's right to adopt. 63.0427 Adopted minor's right to continued communication or contact with siblings and other relatives. 63.043 Mandatory screening or testing for sickle-cell trait prohibited. 63.052 Guardians designated; proof of commitment. 63.053 Rights and responsibilities of an unmarried biological father; legislative findings. 63.054 Actions required by an unmarried biological father to establish parental rights; Florida Putative Father Registry. 63.0541 Public records exemption for the Florida Putative Father Registry. 63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue. 63.063 Responsibility of each party for their own actions; fraud or misrepresentation; statutory compliance. 63.064 Persons whose consent to an adoption may be waived. 63.082 Execution of consent to adoption or affidavit of nonpaternity; family social and medical history; withdrawal of consent. 63.085 Disclosure by adoption entity. 63.087 Proceeding to terminate parental rights pending adoption; general provisions. 63.088 Proceeding to terminate parental rights pending adoption; notice and service; diligent search. 63.089 Proceeding to terminate parental rights pending adoption; hearing; grounds; dismissal of petition; judgment. 63.092 Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study. 63.097 Fees. 63.102 Filing of petition for adoption or declaratory statement; venue; proceeding for approval of fees and costs. 63.112 Petition for adoption; description; report or recommendation, exceptions; mailing. 63.122 Notice of hearing on petition. 63.125 Final home investigation. 63.132 Affidavit of expenses and receipts. 63.135 Information under oath to be submitted to the court. 63.142 Hearing; judgment of adoption. 63.152 Application for new birth record. 63.162 Hearings and records in adoption proceedings; confidential nature. 63.165 State registry of adoption information; duty to inform and explain. 63.167 State adoption information center. 63.172 Effect of judgment of adoption. 63.182 Statute of repose. 63.192 Recognition of foreign judgment affecting adoption. 63.202 Authority to license; adoption of rules. 63.207 Out-of-state placement. 63.212 Prohibited acts; penalties for violation. 63.213 Preplanned adoption agreement. 63.219 Sanctions. 63.222 Effect on prior adoption proceedings. 63.232 Duty of person adopting. 63.2325 Conditions for revocation of a consent to adoption or affidavit of nonpaternity. 63.233 Rulemaking authority. 63.235 Petitions filed before effective date; governing law. 63.012 Short title.--This chapter shall be known as the "Florida Adoption Act." History.--s. 1, ch. 73-159. 63.022 Legislative intent.-- (1) The Legislature finds that: (a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children. (b) An unmarried mother faced with the responsibility of making crucial decisions about the future of a newborn child is entitled to privacy, has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding an adoptive placement. (c) Adoptive children have the right to permanence and stability in adoptive placements. (d) Adoptive parents have a constitutional privacy interest in retaining custody of a legally adopted child. (e) An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during the pregnancy and after the child's birth. The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter. (2) It is the intent of the Legislature that in every adoption, the best interest of the child should govern and be of foremost concern in the court's determination. The court shall make a specific finding as to the best interest of the child in accordance with the provisions of this chapter. (3) It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever appropriate, to maintain sibling groups. (4) The basic safeguards intended to be provided by this chapter are that: (a) The minor is legally free for adoption and that all adoptions are handled in accordance with the requirements of law. (b) The required persons consent to the adoption or the parent-child relationship is terminated by judgment of the court. (c) The required social studies are completed and the court considers the reports of these studies prior to judgment on adoption petitions. (d) All placements of minors for adoption are reported to the Department of Children and Family Services, except relative, adult, and stepparent adoptions. (e) A sufficient period of time elapses during which the minor has lived within the proposed adoptive home under the guidance of an adoption entity, except stepparent adoptions or adoptions of a relative. (f) All expenditures by adoption entities or adoptive parents relative to the adoption of a minor are reported to the court and become a permanent record in the file of the adoption proceedings, including, but not limited to, all legal fees and costs, all payments to or on behalf of a birth parent, and all payments to or on behalf of the minor. (g) Social and medical information concerning the minor and the parents is furnished by the parent when available and filed with the court before a final hearing on a petition to terminate parental rights pending adoption, unless the petitioner is a stepparent or a relative. (h) A new birth certificate is issued after entry of the adoption judgment. (i) At the time of the hearing, the court may order temporary substitute care when it determines that the minor is in an unsuitable home. (j) The records of all proceedings concerning custody and adoption of a minor are confidential and exempt from s. 119.07(1), except as provided in s. 63.162. (k) The birth parent, the prospective adoptive parent, and the minor receive, at a minimum, the safeguards, guidance, counseling, and supervision required in this chapter. (l) In all matters coming before the court under this chapter, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted. (m) In dependency cases initiated by the department, where termination of parental rights occurs, and siblings are separated despite diligent efforts of the department, continuing postadoption communication or contact among the siblings may be ordered by the court if found to be in the best interests of the children. (5) It is the intent of the Legislature to provide for cooperation between private adoption entities and the Department of Children and Family Services in matters relating to permanent placement options for children in the care of the department whose birth parents wish to participate in a private adoption plan with a qualified family. History.--s. 2, ch. 73-159; s. 2, ch. 75-226; s. 13, ch. 77-147; s. 1, ch. 78-190; s. 1, ch. 80-296; s. 1, ch. 82-166; s. 1, ch. 87-16; s. 2, ch. 87-397; s. 18, ch. 90-360; s. 1, ch. 91-99; s. 2, ch. 92-96; s. 22, ch. 96-406; s. 172, ch. 97-101; s. 2, ch. 98-50; s. 6, ch. 2001-3; s. 1, ch. 2003-58. 63.032 Definitions.--As used in this chapter, the term: (1) "Abandoned" means a situation in which the parent or person having legal custody of a child, while being able, makes no provision for the child's support and makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities. If, in the opinion of the court, the efforts of such parent or person having legal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child's mother during her pregnancy. (2) "Adoption" means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir at law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock. (3) "Adoption entity" means the department, an agency, a child-caring agency registered under s. 409.176, an intermediary, or a child-placing agency licensed in another state which is qualified by the department to place children in the State of Florida. (4) "Adult" means a person who is not a minor. (5) "Agency" means any child-placing agency licensed by the department pursuant to s. 63.202 to place minors for adoption. (6) "Child" means a son or daughter, whether by birth or adoption. (7) "Court" means any circuit court of this state and, when the context requires, the court of any state that is empowered to grant petitions for adoption. (8) "Department" means the Department of Children and Family Services. (9) "Intermediary" means an attorney who is licensed or authorized to practice in this state and who is placing or intends to place a child for adoption, including placing children born in another state with citizens of this state or country or placing children born in this state with citizens of another state or country. (10) "Legal custody" has the meaning ascribed in s. 39.01. (11) "Minor" means a person under the age of 18 years. (12) "Parent" has the same meaning ascribed in s. 39.01. (13) "Person" includes a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association, and any other legal entity. (14) "Relative" means a person related by blood to the person being adopted within the third degree of consanguinity. (15) "To place" means the process of a parent or legal guardian surrendering a child for adoption and the prospective adoptive parents receiving and adopting the child, and includes all actions by any person or adoption entity participating in the process. (16) "Placement" means the process of a parent or legal guardian surrendering a child for adoption and the prospective adoptive parents receiving and adopting the child and all actions by any adoption entity participating in placing the child. (17) "Primarily lives and works outside Florida" means a person who lives and works outside this state at least 6 months of the year, military personnel who designate Florida as their place of residence in accordance with the Soldiers' and Sailors' Civil Relief Act of 1940, or employees of the United States Department of State living in a foreign country who designate a state other than Florida as their place of residence. (18) "Suitability of the intended placement" includes the fitness of the intended placement, with primary consideration being given to the best interest of the child. (19) "Unmarried biological father" means the child's biological father who is not married to the child's mother at the time of conception or birth of the child and who has not been declared by a court of competent jurisdiction to be the legal father of the child. (20) "Adoption plan" means arrangements made by a birth parent or other individual having a legal right to custody of a minor child, born or to be born, with an adoption entity in furtherance of the placement of the minor for adoption. History.--s. 3, ch. 73-159; s. 3, ch. 75-226; s. 14, ch. 77-147; s. 2, ch. 80-296; s. 2, ch. 82-166; s. 1, ch. 84-101; s. 3, ch. 87-397; s. 1, ch. 88-109; ss. 3, 25, ch. 92-96; s. 11, ch. 97-101; s. 7, ch. 2001-3; s. 2, ch. 2003-58. 63.037 Proceedings applicable to cases resulting from a termination of parental rights under chapter 39.--A case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 and this chapter. Adoption proceedings initiated under chapter 39 are exempt from the following provisions of this chapter: disclosure requirements for the adoption entity provided in s. 63.085; general provisions governing termination of parental rights pending adoption provided in s. 63.087; notice and service provisions governing termination of parental rights pending adoption provided in s. 63.088; and procedures for terminating parental rights pending adoption provided in s. 63.089. History.--s. 8, ch. 2001-3. 63.039 Duty of adoption entity to prospective adoptive parents; sanctions.-- (1) An adoption entity placing a minor for adoption has an affirmative duty to follow the requirements of this chapter and specifically the following provisions, which protect and promote the well-being of persons being adopted and their parents and prospective adoptive parents by promoting certainty, finality, and permanency for such persons. The adoption entity must: (a) Provide written initial disclosure to the prospective adoptive parent at the time and in the manner required under s. 63.085. (b) Provide written disclosure to the parent at the time and in the manner required under s. 63.085. (c) When a written consent for adoption is obtained, obtain the consent at the time and in the manner required under s. 63.082. (d) When a written consent or affidavit of nonpaternity for adoption is obtained, obtain a consent to adoption or affidavit of nonpaternity that contains the language required under s. 63.062 or s. 63.082. (e) Include in the petition to terminate parental rights pending adoption all information required under s. 63.087. (f) Obtain and file the affidavit of inquiry pursuant to s. 63.088(4), if the required inquiry is not conducted orally in the presence of the court. (g) When the identity of a person whose consent to adoption is necessary under this chapter is known but the location of such a person is unknown, conduct the diligent search and file the affidavit required under s. 63.088(5). (h) Serve a petition and notice of hearing to terminate parental rights pending adoption at the time and in the manner prescribed by law. (i) Obtain the written waiver of venue required under s. 63.062 in cases in which venue for the termination of parental rights will be located in a county other than the county where a parent whose rights are to be terminated resides. (2) If a court finds that a consent to adoption or an affidavit of nonpaternity taken under this chapter was obtained by fraud or duress attributable to the adoption entity, the court may award all sums paid by the prospective adoptive parents or on their behalf in anticipation of or in connection with the adoption. The court may also award reasonable attorney's fees and costs incurred by the prospective adoptive parents in connection with the adoption and any litigation related to placement or adoption of a minor. The court may award reasonable attorney's fees and costs, if any, incurred by the person whose consent or affidavit was obtained by fraud or duress. Any award under this subsection to the prospective adoptive parents or to the person whose consent or affidavit was obtained by fraud or duress must be paid directly to them by the adoption entity or by any applicable insurance carrier on behalf of the adoption entity if the court determines, after an evidentiary hearing held subsequent to the entry of a final order in the underlying termination of parental rights or adoption action, that the actions or failures of the adoption entity directly contributed to the finding of fraud or duress. (3) The prevailing party in an action to set aside a judgment terminating parental rights pending adoption or a judgment of adoption may be awarded reasonable attorney's fees and costs. An award under this subsection must be paid by the adoption entity or by any applicable insurance carrier on behalf of the adoption entity if the court finds that the acts or omissions of the entity were the basis for the court's order granting relief to the prevailing party. (4) Within 30 days after the entry of an order of the court finding sanctionable conduct on the part of an adoption entity, the clerk of the court must forward to: (a) The Florida Bar any order that imposes sanctions under this section against an attorney acting as an adoption entity. (b) The Department of Children and Family Services any order that imposes sanctions under this section against a licensed child-placing agency or a child-placing agency licensed in another state that is qualified by the department. (c) The entity under s. 409.176 that certifies child-caring agencies any order that imposes sanctions under this section against a child-caring agency registered under s. 409.176. (d) The Office of Attorney General any order that imposes sanctions under this section against the department. History.--s. 9, ch. 2001-3; s. 3, ch. 2003-58. 63.042 Who may be adopted; who may adopt.-- (1) Any person, a minor or an adult, may be adopted. (2) The following persons may adopt: (a) A husband and wife jointly; (b) An unmarried adult; or (c) A married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if: 1. The other spouse is a parent of the person to be adopted and consents to the adoption; or 2. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child. (3) No person eligible to adopt under this statute may adopt if that person is a homosexual. (4) No person eligible under this section shall be prohibited from adopting solely because such person possesses a physical disability or handicap, unless it is determined by the court or adoption entity that such disability or handicap renders such person incapable of serving as an effective parent. History.--s. 4, ch. 73-159; s. 1, ch. 77-140; s. 1, ch. 80-194; s. 4, ch. 92-96; s. 336, ch. 95-147; s. 4, ch. 2003-58. 63.0423 Procedures with respect to abandoned infants.-- (1) A licensed child-placing agency that takes physical custody of an infant abandoned at a hospital, emergency medical services station, or fire station pursuant to s. 383.50, shall assume responsibility for all medical costs and all other costs associated with the emergency services and care of the abandoned infant from the time the licensed child-placing agency takes physical custody of the abandoned infant. (2) The licensed child-placing agency shall immediately seek an order from the circuit court for emergency custody of the abandoned infant. The emergency custody order shall remain in effect until the court orders preliminary approval of placement of the abandoned infant in the prospective home, at which time the prospective adoptive parents become guardians pending termination of parental rights and finalization of adoption or until the court orders otherwise. The guardianship of the prospective adoptive parents shall remain subject to the right of the licensed child-placing agency to remove the abandoned infant from the placement during the pendency of the proceedings if such removal is deemed by the licensed child-placing agency to be in the best interest of the child. The licensed child-placing agency may immediately seek to place the abandoned infant in a prospective adoptive home. (3) The licensed child-placing agency that takes physical custody of the abandoned infant shall, within 24 hours thereafter, request assistance from law enforcement officials to investigate and determine, through the Missing Children Information Clearinghouse, the National Center for Missing and Exploited Children, and any other national and state resources, whether or not the abandoned infant is a missing child. (4) Within 7 days after accepting physical custody of the abandoned infant, the licensed child-placing agency shall initiate a diligent search to notify and to obtain consent from a parent whose identity is known but whose location is unknown. The diligent search must include, at a minimum, inquiries as provided for in s. 63.088. Constructive notice must also be provided pursuant to chapter 49 in the county where the infant was abandoned. If a parent is identified and located, notice of the hearing on the petition for termination of parental rights shall be provided. (5) A petition for termination of parental rights under this section may not be filed until 30 days after the date the infant was abandoned in accordance with s. 383.50. A petition for termination of parental rights may not be granted until consent to adoption or an affidavit of nonpaternity has been executed by a parent of the abandoned infant as set forth in s. 63.062, a parent has failed to reclaim or claim the abandoned infant within the time period specified in s. 383.50, or the consent of a parent is otherwise waived by the court. (6) A claim of parental rights of the abandoned infant must be made to the entity having legal custody of the abandoned infant or to the circuit court before whom proceedings involving the abandoned infant are pending. A claim of parental rights of the abandoned infant may not be made after the judgment to terminate parental rights is entered, except as otherwise provided by subsection (9). (7) If a claim of parental rights of an abandoned infant is made before the judgment to terminate parental rights is entered, the circuit court may hold the action for termination of parental rights pending subsequent adoption in abeyance for a period of time not to exceed 60 days. (a) The court may order scientific testing to determine maternity or paternity at the expense of the parent claiming parental rights. (b) The court shall appoint a guardian ad litem for the abandoned infant and order whatever investigation, home evaluation, and psychological evaluation are necessary to determine what is in the best interest of the abandoned infant. (c) The court may not terminate parental rights solely on the basis that the parent left the infant at a hospital, emergency medical services station, or fire station in accordance with s. 383.50. (d) The court shall enter a judgment with written findings of fact and conclusions of law. (8) Within 7 business days after recording the judgment, the clerk of the court shall mail a copy of the judgment to the department, the petitioner, and the persons whose consent were required, if known. The clerk shall execute a certificate of each mailing. (9)(a) A judgment terminating parental rights pending adoption is voidable, and any later judgment of adoption of that minor is voidable, if, upon the motion of a birth parent, the court finds that a person knowingly gave false information that prevented the birth parent from timely making known his or her desire to assume parental responsibilities toward the minor or from exercising his or her parental rights. A motion under this subsection must be filed with the court originally entering the judgment. The motion must be filed within a reasonable time, but not later than 1 year after the entry of the judgment terminating parental rights. (b) No later than 30 days after the filing of a motion under this subsection, the court shall conduct a preliminary hearing to determine what contact, if any, will be permitted between a birth parent and the child pending resolution of the motion. Such contact may be allowed only if it is requested by a parent who has appeared at the hearing and the court determines that it is in the best interest of the child. If the court orders contact between a birth parent and child, the order must be issued in writing as expeditiously as possible and must state with specificity any provisions regarding contact with persons other than those with whom the child resides. (c) At the preliminary hearing, the court, upon the motion of any party or upon its own motion, may order scientific testing to determine the paternity or maternity of the minor if the person seeking to set aside the judgment is alleging to be the child's birth parent but has not previously been determined by legal proceedings or scientific testing to be the birth parent. Upon the filing of test results establishing that person's maternity or paternity of the abandoned infant, the court may order visitation as it deems appropriate and in the best interest of the child. (d) Within 45 days after the preliminary hearing, the court shall conduct a final hearing on the motion to set aside the judgment and shall enter its written order as expeditiously as possible thereafter. (10) Except to the extent expressly provided in this section, proceedings initiated by a licensed child-placing agency for the termination of parental rights and subsequent adoption of a newborn left at a hospital, emergency medical services station, or fire station in accordance with s. 383.50 shall be conducted pursuant to this chapter. History.--s. 5, ch. 2000-188; s. 2, ch. 2001-53; s. 5, ch. 2003-58. 63.0425 Grandparent's right to adopt.-- (1) When a child has lived with a grandparent for at least 6 months within the 24-month period immediately preceding the filing of a petition for termination of parental rights pending adoption, the adoption entity shall provide notice to that grandparent of the hearing on the petition for termination of parental rights pending adoption. (2) This section shall not apply if the placement for adoption is a result of the death of the child's parent and a different preference is stated in the parent's will. (3) This section shall not apply in stepparent adoptions. (4) Nothing in this section shall contravene the provisions of s. 63.142(4). History.--s. 1, ch. 87-397; s. 10, ch. 2001-3; s. 6, ch. 2003-58. 63.0427 Adopted minor's right to continued communication or contact with siblings and other relatives.-- (1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to s. 39.811, and who is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, written correspondence, or telephone calls, with his or her siblings or, upon agreement of the adoptive parents, with the parents who have had their parental rights terminated or other specified biological relatives. The court shall consider the following in making such determination: (a) Any orders of the court pursuant to s. 39.811(7). (b) Recommendations of the department, the foster parents if other than the adoptive parents, and the guardian ad litem. (c) Statements of the prospective adoptive parents. (d) Any other information deemed relevant and material by the court. If the court determines that the child's best interests will be served by postadoption communication or contact, the court shall so order, stating the nature and frequency for the communication or contact. This order shall be made a part of the final adoption order, but in no event shall the continuing validity of the adoption be contingent upon such postadoption communication or contact, nor shall the ability of the adoptive parents and child to change residence within or outside the State of Florida be impaired by such communication or contact. (2) Notwithstanding the provisions of s. 63.162, the adoptive parent may, at any time, petition for review of a communication or contact order entered pursuant to subsection (1), if the adoptive parent believes that the best interests of the adopted child are being compromised, and the court shall have authority to order the communication or contact to be terminated or modified, as the court deems to be in the best interests of the adopted child. As part of the review process, the court may order the parties to engage in mediation. The department shall not be required to be a party to such review. History.--s. 3, ch. 98-50; s. 24, ch. 99-2; s. 52, ch. 99-193; s. 11, ch. 2001-3; s. 7, ch. 2003-58. 63.043 Mandatory screening or testing for sickle-cell trait prohibited.--No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall require screening or testing for the sickle-cell trait as a condition for becoming eligible for adoption if otherwise eligible for adoption under the laws of this state. History.--s. 4, ch. 78-35; s. 8, ch. 2003-58. 63.052 Guardians designated; proof of commitment.-- (1) For minors who have been placed for adoption with and permanently committed to an adoption entity, other than an intermediary, such adoption entity shall be the guardian of the person of the minor and has the responsibility and authority to provide for the needs and welfare of the minor. (2) For minors who have been voluntarily surrendered to an intermediary through an execution of a consent to adoption, the intermediary shall be responsible for the minor until the time a court orders preliminary approval of placement of the minor in the prospective adoptive home, after which time the prospective adoptive parents shall become guardians pending finalization of adoption, subject to the intermediary's right and responsibility to remove the child from the prospective adoptive home if the removal is deemed by the intermediary to be in the best interest of the child. Prior to the court's entry of an order granting preliminary approval of the placement, the intermediary shall have the responsibility and authority to provide for the needs and welfare of the minor. No minor shall be placed in a prospective adoptive home until that home has received a favorable preliminary home study, as provided in s. 63.092, within 1 year before such placement in the prospective home. The provisions of s. 627.6578 shall remain in effect notwithstanding the guardianship provisions in this section. (3) If a minor is surrendered to an adoption entity for subsequent adoption and a suitable prospective adoptive home is not available pursuant to s. 63.092 at the time the minor is surrendered to the adoption entity, the minor must be placed in foster care or with a relative until such a suitable prospective adoptive home is available. (4) If a minor is voluntarily surrendered to an adoption entity for subsequent adoption and the adoption does not become final within 180 days after termination of parental rights, the adoption entity must report to the court on the status of the minor and the court may at that time proceed under s. 39.701 or take action reasonably necessary to protect the best interest of the minor. (5) The recital in a written consent, answer, or recommendation filed by an adoption entity that the minor has been permanently committed to the adoption entity or that the adoption entity is duly licensed shall be prima facie proof of such commitment. A consent for adoption signed by an adoption entity need not comply with s. 63.082. (6) Unless otherwise authorized by law or ordered by the court, the department is not responsible for expenses incurred by other adoption entities participating in placement of a minor. (7) The court retains jurisdiction of a minor who has been placed for adoption until the adoption is final. After a minor is placed with an adoption entity or prospective adoptive parent, the court may review the status of the minor and the progress toward permanent adoptive placement. History.--s. 5, ch. 73-159; s. 15, ch. 77-147; s. 3, ch. 80-296; s. 5, ch. 92-96; s. 125, ch. 98-403; s. 12, ch. 2001-3; s. 9, ch. 2003-58. 63.053 Rights and responsibilities of an unmarried biological father; legislative findings.-- (1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining whether an unmarried biological father's actions are sufficiently prompt and substantial so as to require protection of a constitutional right. If an unmarried biological father fails to take the actions that are available to him to establish a relationship with his child, his parental interest may be lost entirely, or greatly diminished, by his failure to timely comply with the available legal steps to substantiate a parental interest. (2) The Legislature finds that the interests of the state, the mother, the child, and the adoptive parents described in this chapter outweigh the interest of an unmarried biological father who does not take action in a timely manner to establish and demonstrate a relationship with his child in accordance with the requirements of this chapter. An unmarried biological father has the primary responsibility to protect his rights and is presumed to know that his child may be adopted without his consent unless he complies with the provisions of this chapter and demonstrates a prompt and full commitment to his parental responsibilities. (3) The Legislature finds that a birth mother and a birth father have a right to privacy. History.--s. 10, ch. 2003-58. 63.054 Actions required by an unmarried biological father to establish parental rights; Florida Putative Father Registry.-- (1) In order to preserve the right to notice and consent to an adoption under this chapter, an unmarried biological father must, as the "registrant," file a notarized claim of paternity form with the Florida Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health and shall include therein confirmation of his willingness and intent to support the child for whom paternity is claimed in accordance with state law. The claim of paternity may be filed at any time prior to the child's birth, but a claim of paternity may not be filed after the date a petition is filed for termination of parental rights. (2) By filing a claim of paternity form with the Office of Vital Statistics, the registrant expressly consents to submit to DNA testing upon the request of any party, the registrant, or the adoption entity with respect to the child referenced in the claim of paternity. (3) The Office of Vital Statistics of the Department of Health shall adopt by rule the appropriate claim of paternity form in English, Spanish, and Creole in order to facilitate the registration of an unmarried biological father with the Florida Putative Father Registry and shall, within existing resources, make these forms available through local offices of the Department of Health and the Department of Children and Family Services, the Internet websites of those agencies, and the offices of the clerks of the circuit court. The claim of paternity form shall be signed by the unmarried biological father and must include his name, address, date of birth, and physical description. In addition, the registrant shall provide, if known, the name, address, date of birth, and physical description of the mother; the date, place, and location of conception of the child; and the name, date, and place of birth of the child or estimated date of birth of the expected minor child, if known. The claim of paternity form shall be signed under oath by the registrant. (4) Upon initial registration, or at any time thereafter, the registrant may designate an address other than his residential address for sending any communication regarding his registration. Similarly, upon initial registration, or at any time thereafter, the registrant may designate, in writing, an agent or representative to receive any communication on his behalf and receive service of process. The agent or representative must file an acceptance of the designation, in writing, in order to receive notice or service of process. The failure of the designated representative or agent of the registrant to deliver or otherwise notify the registrant of receipt of correspondence from the Florida Putative Father Registry is at the registrant's own risk and shall not serve as a valid defense based upon lack of notice. (5) The registrant may, at any time prior to the birth of the child for whom paternity is claimed, execute a notarized written revocation of the claim of paternity previously filed with the Florida Putative Father Registry, and upon receipt of such revocation, the claim of paternity shall be deemed null and void. If a court determines that a registrant is not the father of the minor, the court shall order the department to remove the registrant's name from the registry. (6) It is the obligation of the registrant or, if designated under subsection (4), his designated agent or representative to notify and update the Office of Vital Statistics of any change of address or change in the designation of an agent or representative. The failure of a registrant, or designated agent or representative, to report any such change is at the registrant's own risk and shall not serve as a valid defense based upon lack of notice, unless the person petitioning for termination of parental rights or adoption has actual or constructive notice of the registrant's address and whereabouts from another source. (7) In each proceeding for termination of parental rights or each adoption proceeding filed under this chapter, the petitioner must contact the Office of Vital Statistics of the Department of Health by submitting an application for a search of the Florida Putative Father Registry. The petitioner shall provide the same information, if known, on the search application form which the registrant is required to furnish under subsection (3). Thereafter, the Office of Vital Statistics must issue a certificate signed by the State Registrar certifying: (a) The identity and contact information, if any, for each registered unmarried biological father whose information matches the search request sufficiently so that such person may be considered a possible father of the subject child; or (b) That a diligent search has been made of the registry of registrants who may be the unmarried biological father of the subject child and that no matching registration has been located in the registry. This certificate must be filed with the court in the proceeding to terminate parental rights or the adoption proceeding. If a termination of parental rights and an adoption proceeding are being adjudicated simultaneously, the Florida Putative Father Registry need only be searched once. (8) If an unmarried biological father does not know the county in which the birth mother resides, gave birth, or intends to give birth, he may initiate an action in any county in the state, subject to the birth mother's right to change venue to the county where she resides. (9) The Department of Health shall establish and maintain a Florida Putative Father Registry through its Office of Vital Statistics, in accordance with the requirements of this section. The Department of Health may charge a nominal fee to cover the costs of filing and indexing the Florida Putative Father Registry and the costs of searching the registry. (10) The Department of Health shall, within existing resources, prepare and adopt by rule application forms for initiating a search of the Florida Putative Father Registry and shall make those forms available through the local offices of the Department of Health and the Department of Children and Family Services and the offices of the clerks of the circuit court. (11) The Department of Health shall produce and distribute, within existing resources, a pamphlet or publication informing the public about the Florida Putative Father Registry and which is printed in English, Spanish, and Creole. The pamphlet shall indicate the procedures for voluntary acknowledgment of paternity, the consequences of acknowledgment of paternity, the consequences of failure to acknowledge paternity, and the address of the Florida Putative Father Registry. Such pamphlets or publications shall be made available for distribution at all offices of the Department of Health and the Department of Children and Family Services and shall be included in health class curricula taught in public and charter schools in this state. The Department of Health shall also provide such pamphlets or publications to hospitals, adoption entities, libraries, medical clinics, schools, universities, and providers of child-related services, upon request. In cooperation with the Department of Highway Safety and Motor Vehicles, each person applying for a Florida driver's license, or renewal thereof, and each person applying for a Florida identification card shall be offered the pamphlet or publication informing the public about the Florida Putative Father Registry. (12) The Department of Health shall, within existing resources, provide additional information about the Florida Putative Father Registry and its services to the public in English, Spanish, and Creole using public service announcements, Internet websites, and such other means as it deems appropriate. (13) The filing of a claim of paternity with the Florida Putative Father Registry does not excuse or waive the obligation of a petitioner to comply with the requirements for conducting a diligent search and inquiry with respect to the identity of an unmarried biological father or legal father which are set forth in this chapter. (14) The Office of Vital Statistics of the Department of Health is authorized to adopt rules to implement this section. History.--s. 11, ch. 2003-58. 163.0541 Public records exemption for the Florida Putative Father Registry.-- (1) All information contained in the Florida Putative Father Registry and maintained by the Office of Vital Statistics within the Department of Health is confidential and exempt from public disclosure pursuant to s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except as otherwise provided in this section. Information made confidential and exempt by this section shall be disclosed to: (a) An adoption entity, upon the filing of a request for a diligent search of the Florida Putative Father Registry in connection with the planned adoption of a child. (b) The registrant unmarried biological father, upon receipt of notarized request for a copy of his registry entry only. (c) The court, upon issuance of a court order concerning a petitioner acting pro se in an action under this chapter. (2) Except as set forth in subsection (1), the database comprising the Florida Putative Father Registry shall remain confidential and exempt and separate from all other databases in this state, including any local or federal database. Such database may not be accessed by any other state or federal agency or entity. History.--ss. 1, 2, ch. 2003-56. 1Note.--Section 2, ch. 2003-56, provides that "[s]ection [63.0541], Florida Statutes, is subject to the Open Government Sunset Review Act of 1995 in accordance with section 119.15, Florida Statutes, and shall stand repealed on October 2, 2008, unless reviewed and saved from repeal through reenactment by the Legislature." 63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue.-- (1) Unless supported by one or more of the grounds enumerated under s. 63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088 to: (a) The mother of the minor. (b) The father of the minor, if: 1. The minor was conceived or born while the father was married to the mother; 2. The minor is his child by adoption; 3. The minor has been established by court proceeding to be his child; 4. He has filed an affidavit of paternity pursuant to s. 382.013(2)(c); or 5. In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of subsection (2). (c) The minor, if 12 years of age or older, unless the court in the best interest of the minor dispenses with the minor's consent. (d) Any person lawfully entitled to custody of the minor if required by the court. (e) The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor does not have authority to consent to the adoption. (2) In accordance with subsection (1), the consent of an unmarried biological father shall be necessary only if the unmarried biological father has complied with the requirements of this subsection. (a)1. With regard to a child who is placed with adoptive parents more than 6 months after the child's birth, an unmarried biological father must have developed a substantial relationship with the child, taken some measure of responsibility for the child and the child's future, and demonstrated a full commitment to the responsibilities of parenthood by providing financial support to the child in accordance with the unmarried biological father's ability, if not prevented from doing so by the person or authorized agency having lawful custody of the child, and either: a. Regularly visited the child at least monthly, when physically and financially able to do so and when not prevented from doing so by the birth mother or the person or authorized agency having lawful custody of the child; or b. Maintained regular communication with the child or with the person or agency having the care or custody of the child, when physically or financially unable to visit the child or when not prevented from doing so by the birth mother or person or authorized agency having lawful custody of the child. 2. The mere fact that an unmarried biological father expresses a desire to fulfill his responsibilities towards his child which is unsupported by acts evidencing this intent does not preclude a finding by the court that the unmarried biological father failed to comply with the requirements of this subsection. 3. An unmarried biological father who openly lived with the child for at least 6 months within the 1-year period following the birth of the child and immediately preceding placement of the child with adoptive parents and who openly held himself out to be the father of the child during that period shall be deemed to have developed a substantial relationship with the child and to have otherwise met the requirements of this paragraph. (b) With regard to a child who is younger than 6 months of age at the time the child is placed with the adoptive parents, an unmarried biological father must have demonstrated a full commitment to his parental responsibility by having performed all of the following acts prior to the time the mother executes her consent for adoption: 1. Filed a notarized claim of paternity form with the Florida Putative Father Registry within the Office of Vital Statistics of the Department of Health, which form shall be maintained in the confidential registry established for that purpose and shall be considered filed when the notice is entered in the registry of notices from unmarried biological fathers. 2. Upon service of a notice of an intended adoption plan or a petition for termination of parental rights pending adoption, executed and filed an affidavit in that proceeding stating that he is personally fully able and willing to take responsibility for the child, setting forth his plans for care of the child, and agreeing to a court order of child support and a contribution to the payment of living and medical expenses incurred for the mother's pregnancy and the child's birth in accordance with his ability to pay. 3. If he had knowledge of the pregnancy, paid a fair and reasonable amount of the expenses incurred in connection with the mother's pregnancy and the child's birth, in accordance with his financial ability and when not prevented from doing so by the birth mother or person or authorized agency having lawful custody of the child. (c) The petitioner shall file with the court a certificate from the Office of Vital Statistics stating that a diligent search has been made of the Florida Putative Father Registry of notices from unmarried biological fathers described in subparagraph (b)1. and that no filing has been found pertaining to the father of the child in question or, if a filing is found, stating the name of the putative father and the time and date of filing. That certificate shall be filed with the court prior to the entry of a final judgment of termination of parental rights. (d) An unmarried biological father who does not comply with each of the conditions provided in this subsection is deemed to have waived and surrendered any rights in relation to the child, including the right to notice of any judicial proceeding in connection with the adoption of the child, and his consent to the adoption of the child is not required. (3)(a) Pursuant to chapter 48, an adoption entity may serve upon any unmarried biological father identified by the mother or identified by a diligent search of the Florida Putative Father Registry, or upon an entity whose consent is required, a notice of intended adoption plan at any time prior to the placement of the child in the adoptive home, including prior to the birth of the child. The notice of intended adoption plan must specifically state that if the unmarried biological father desires to contest the adoption plan, he must file with the court, within 30 days after service, a verified response that contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2. The notice of intended adoption plan shall notify the unmarried biological father that he must file a claim of paternity form with the Office of Vital Statistics within 30 days after service upon him and must provide the adoption entity with a copy of the verified response filed with the court and the claim of paternity form filed with the Office of Vital Statistics. If the party served with the notice of intended adoption plan is an entity, the entity must file, within 30 days after service, a verified response setting forth a legal basis for contesting the intended adoption plan, specifically addressing the best interest of the child. If the unmarried biological father or entity whose consent is required fails to properly file a verified response with the court and, in the case of an unmarried biological father, a claim of paternity form with the Office of Vital Statistics within 30 days after service upon that unmarried biological father or entity whose consent is required, the consent of that unmarried biological father or entity shall no longer be required under this chapter and that party shall be deemed to have waived any claim of rights to the child. Each notice of intended adoption plan served upon an unmarried biological father must include instructions as to the procedure the unmarried biological father must follow to submit a claim of paternity form to the Office of Vital Statistics and the address to which the registration must be directed. (b) If the birth mother identifies a man who she believes is the unmarried biological father of her child, the adoption entity may provide a notice of intended adoption plan pursuant to paragraph (a). If the mother identifies a potential unmarried biological father whose location is unknown, the adoption entity shall conduct a diligent search pursuant to s. 63.088. If, upon completion of a diligent search, the potential unmarried biological father's location remains unknown and a search of the Florida Putative Father Registry fails to reveal a match, the adoption entity shall request in the petition for termination of parental rights pending adoption that the court declare the diligent search to be in compliance with s. 63.088 and to further declare that the adoption entity shall have no further obligation to provide notice to the potential unmarried biological father and that the potential unmarried biological father's consent to the adoption shall not be required. (4) Any person whose consent is required under paragraphs (1)(c)-(e) may execute an irrevocable affidavit of nonpaternity in lieu of a consent under this section and by doing so waives notice to all court proceedings after the date of execution. An affidavit of nonpaternity must be executed as provided in s. 63.082. The affidavit of nonpaternity may be executed prior to the birth of the child. The person executing the affidavit must receive disclosure under s. 63.085 prior to signing the affidavit. (5) A person who signs a consent to adoption or an affidavit of nonpaternity must be given reasonable notice of his or her right to select a person who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents to be present when the consent to adoption or affidavit of nonpaternity is executed and to sign the consent or affidavit as a witness. (6) The petitioner must make good faith and diligent efforts as provided under s. 63.088 to notify, and obtain written consent from, the persons required to consent to adoption under this section. (7) If parental rights to the minor have previously been terminated, the adoption entity with which the minor has been placed for subsequent adoption may provide consent to the adoption. In such case, no other consent is required. The consent of the department shall be waived upon a determination by the court that such consent is being unreasonably withheld, provided that the petitioner has filed with the court a favorable preliminary adoptive home study performed by a licensed child-placing agency, a child-caring agency registered under s. 409.176, or a licensed professional or agency described in s. 61.20(2). (8) A petition to adopt an adult may be granted if: (a) Written consent to adoption has been executed by the adult and the adult's spouse, if any. (b) Written notice of the final hearing on the adoption has been provided to the parents, if any, or proof of service of process has been filed, showing notice has been served on the parents as provided in this chapter. (9) A petition for termination of parental rights shall be filed in the appropriate county as determined under s. 63.087(2). If the parent or parents whose rights are to be terminated object to venue in the county where the action was filed, the court may transfer the action to the county where the objecting parent or parents reside, unless the objecting parent has previously executed a waiver of venue. (10) The waiver of venue must be a separate document containing no consents, disclosures, or other information unrelated to venue. History.--s. 6, ch. 73-159; s. 4, ch. 75-226; s. 16, ch. 77-147; s. 1, ch. 77-446; s. 6, ch. 92-96; s. 11, ch. 95-280; s. 84, ch. 97-237; s. 13, ch. 2001-3; s. 12, ch. 2003-58; s. 2, ch. 2004-389. 63.063 Responsibility of each party for their own actions; fraud or misrepresentation; statutory compliance.-- (1) Each parent of a child conceived or born outside of marriage is responsible for his or her own actions and is not excused from compliance with the provisions of this chapter based upon any action, statement, or omission of the other parent or a third party, except as provided in s. 63.062(2)(a). (2) Any person injured by a fraudulent representation or action in connection with an adoption is entitled to pursue civil or criminal penalties as provided by law. A fraudulent representation is not a defense to compliance with the requirements of this chapter and is not a basis for dismissing a petition for termination of parental rights or a petition for adoption, for vacating an adoption decree, or for granting custody to the offended party. Custody and adoption determinations shall be based on the best interest of the child in accordance with s. 61.13. (3) The Legislature finds no way to remove all risk of fraud or misrepresentation in adoption proceedings and has provided a method for absolute protection of an unmarried biological father's rights by compliance with the provisions of this chapter. In balancing the rights and interests of the state and of all parties affected by fraud, including the child, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and, therefore, has the burden of preventing fraud. (4) The Legislature finds that an unmarried biological father who resides in another state may not, in every circumstance, be reasonably presumed to know of and comply with the requirements of this chapter. Therefore, if all of the following requirements have been met, an unmarried biological father may contest a termination of parental rights or subsequent adoption and, prior to entry of the final judgment of adoption, assert his interest in the child. Following such assertion, the court may, in its discretion, proceed with an evidentiary hearing if: (a) The unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided. (b) The unmarried mother left that state without notifying or informing the unmarried biological father that she could be located in the State of Florida. (c) The unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the mother is residing in the State of Florida. (d) The unmarried biological father has substantially complied with the requirements of the state where the mother previously resided or was located in order to protect and preserve his parental interest and rights with regard to the child. History.--s. 13, ch. 2003-58. 63.064 Persons whose consent to an adoption may be waived.--The court may waive the consent of the following individuals to an adoption: (1) A parent who has deserted a child without means of identification or who has abandoned a child. (2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction. (3) A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable. (4) A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably. (5) The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent. History.--s. 14, ch. 2003-58. 63.082 Execution of consent to adoption or affidavit of nonpaternity; family social and medical history; withdrawal of consent.-- (1)(a) Consent to an adoption or an affidavit of nonpaternity shall be executed as follows: 1. 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 and in the presence of two witnesses. 2. If by an agency, by affidavit from its authorized representative. 3. If by any other person, in the presence of the court or by affidavit acknowledged before a notary public and in the presence of two witnesses. 4. If by a court, by an appropriate order or certificate of the court. (b) A minor parent has the power to consent to the adoption of his or her child and has the power to relinquish his or her control or custody of the child to an adoption entity. Such consent or relinquishment is valid and has the same force and effect as a consent or relinquishment executed by an adult parent. A minor parent, having executed a consent or relinquishment, may not revoke that consent upon reaching the age of majority or otherwise becoming emancipated. (c) A consent or an affidavit of nonpaternity executed by a minor parent who is 14 years of age or younger must be witnessed by a parent, legal guardian, or court-appointed guardian ad litem. (d) The notice and consent provisions of this chapter as they relate to the birth of a child or to legal fathers do not apply in cases in which the child is conceived as a result of a violation of the criminal laws of this state, including, but not limited to, sexual battery, lewd acts perpetrated upon a minor, or incest. (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 family social and medical history form to an adoption entity that intends to place a child for adoption. Forms containing, at a minimum, the same information as the forms promulgated by the department must be attached to the petition to terminate parental rights pending adoption and must contain biological and sociological information or information as to the family medical history regarding the minor and the parents. This form is not required for adoptions of relatives, adult adoptions, or adoptions of stepchildren, unless parental rights are being or were terminated pursuant to chapter 39. The information must be filed with the court in the termination of parental rights proceeding. (b) A good faith and diligent effort must be made to have each parent whose identity is known and whose consent is required interviewed by a representative of the adoption entity before the consent is executed. A summary of each interview, or a statement that the parent is unidentified, unlocated, or unwilling or unavailable to be interviewed, must be filed with the petition to terminate parental rights pending adoption. The interview may be excused by the court for good cause. This interview is not required for adoptions of relatives, adult adoptions, or adoptions of stepchildren, unless parental rights are being or were terminated pursuant to chapter 39. (c) If any person who is required to consent is unavailable because the person cannot be located, the petition to terminate parental rights pending adoption must be accompanied by the affidavit of diligent search required under s. 63.088. (d) If any person who is required to consent is unavailable because the person is deceased, the petition to terminate parental rights pending adoption must be accompanied by a certified copy of the death certificate. In an adoption of a stepchild or a relative, the certified copy of the death certificate of the person whose consent is required must be attached to the petition for adoption. (4)(a) An affidavit of nonpaternity may be executed before the birth of the minor; however, the consent to an adoption shall not be executed before the birth of the minor. (b) A consent to the adoption of a minor who is to be placed for adoption shall not be executed by the birth mother sooner than 48 hours after the minor's birth or the day the birth mother has been notified in writing, either on her patient chart or in release paperwork, that she is fit to be released from the licensed hospital or birth center, whichever is earlier. A consent by a biological father or legal father may be executed at any time after the birth of the child. A consent executed under this paragraph is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or duress. (c) When the minor to be adopted is older than 6 months of age at the time of the execution of the consent, the consent to adoption is valid upon execution; however, it is subject to a 3-day revocation period or may be revoked at any time prior to the placement of the minor with the prospective adoptive parents, whichever is later. If a consent has been executed, this subsection may not be construed to provide a birth parent with more than 3 days to revoke the consent once the child has been placed with the prospective adoptive parents. (d) The consent to adoption or the affidavit of nonpaternity must be signed in the presence of two witnesses and be acknowledged before a notary public who is not signing as one of the witnesses. The notary public must legibly note on the consent or the affidavit the date and time of execution. The witnesses' names must be typed or printed underneath their signatures. The witnesses' home or business addresses must be included. The person who signs the consent or the affidavit has the right to have at least one of the witnesses be an individual who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents. The adoption entity must give reasonable notice to the person signing the consent or affidavit of the right to select a witness of his or her own choosing. The person who signs the consent or affidavit must acknowledge in writing on the consent or affidavit that such notice was given and indicate the witness, if any, who was selected by the person signing the consent or affidavit. The adoption entity must include its name, address, and telephone number on the consent to adoption or affidavit of nonpaternity. (e) A consent to adoption being executed by the birth parent must be in at least 12-point boldfaced type in substantially the following form: CONSENT TO ADOPTION YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR WITNESSES YOU SELECTED, IF ANY. YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS CONSENT: 1. CONSULT WITH AN ATTORNEY; 2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY PROHIBITED; 3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD; 4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND 5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION. IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY BE EXECUTED. A BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR DURESS. IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST: 1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU WISH TO WITHDRAW YOUR CONSENT; AND 2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR DURESS. This statement of rights is not required for the adoption of a relative, an adult, a stepchild, or a child older than 6 months of age. A consent form
for the adoption of a child older than 6 months of age at the time of execution of consent must contain a statement outlining the revocation rights provided
in paragraph (c). (6)(a) If a birth parent executes a consent for placement of a minor with an adoption entity or qualified prospective adoptive parents and the minor child is in the custody of the department, but parental rights have not yet been terminated, the adoption consent shall be valid, binding, and enforceable by the court. (b) Upon execution of the consent of the birth parent, the adoption entity shall be permitted to intervene in the dependency case as a party in interest and shall provide the court having jurisdiction over the minor pursuant to the shelter or dependency petition filed by the department with a copy of the preliminary home study of the prospective adoptive parents and any other evidence of the suitability of the placement. The preliminary home study shall be maintained with strictest confidentiality within the dependency court file and the department's file. A preliminary home study must be provided to the court in all cases in which an adoption entity has intervened pursuant to this section. (c) Upon a determination by the court that the prospective adoptive parents are properly qualified to adopt the minor child and that the adoption appears to be in the best interest of the minor child, the court shall immediately order the transfer of custody of the minor child to the prospective adoptive parents, under the supervision of the adoption entity. The adoption entity shall thereafter provide monthly supervision reports to the department until finalization of the adoption. (d) In determining whether the best interest of the child will be served by transferring the custody of the minor child to the prospective adoptive parent selected by the birth parent, the court shall give consideration to the rights of the birth parent to determine an appropriate placement for the child, the permanency offered, the child's bonding with any potential adoptive home that the child has been residing in, and the importance of maintaining sibling relationships, if possible. (7)(a) A consent that is being withdrawn under paragraph (4)(c) may be withdrawn at any time prior to the minor's placement with the prospective adoptive parents or by notifying the adoption entity in writing by certified United States mail, return receipt requested, not later than 3 business days after execution of the consent. As used in this subsection, the term "business day" means any day on which the United States Postal Service accepts certified mail for delivery. (b) Upon receiving written notice from a person of that person's desire to withdraw consent to adoption, the adoption entity must contact the prospective adoptive parent to arrange a time certain for the adoption entity to regain physical custody of the minor, unless, upon a motion for emergency hearing by the adoption entity, the court determines in written findings that placement of the minor with the person withdrawing consent may endanger the minor, or the person who desires to withdraw consent to the adoption would not be required to consent to the adoption or has been determined to have abandoned the child. (c) If the court finds that such placement may endanger the minor, the court must enter an order regarding continued placement of the minor. The order shall include, but not be limited to, whether temporary placement in foster care is appropriate, whether an investigation by the department is recommended, and whether a relative is available for the temporary placement. (d) If the person withdrawing consent claims to be the father of the minor but has not been established to be the father by marriage, court order, or scientific testing, the court may order scientific paternity testing and reserve ruling on removal of the minor until the results of such testing have been filed with the court. (e) The adoption entity must return the minor within 3 business days after timely and proper notification of the withdrawal of consent or after the court determines that withdrawal is valid and binding upon consideration of an emergency motion, as filed pursuant to paragraph (b), to the physical custody of the person withdrawing consent or the person directed by the court. If the person seeking to validly withdraw consent claims to be the father of the minor but has not been established to be the father by marriage, court order, or scientific testing, the adoption entity may return the minor to the care and custody of the mother, if she desires such placement, and the mother is not otherwise prohibited by law from having custody of the child. (f) Following the revocation period for withdrawal of consent described in paragraph (a), or the placement of the child with the prospective adoptive parents, whichever occurs later, consent may be withdrawn only when the court finds that the consent was obtained by fraud or duress. (g) An affidavit of nonpaternity may be withdrawn only if the court finds that the affidavit 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; s. 14, ch. 2001-3; s. 15, ch. 2003-58. 63.085 Disclosure by adoption entity.-- (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE PARENTS.--Not later than 14 days after a person seeking to adopt a minor or a person seeking to place a minor for adoption contacts an adoption entity in person or provides the adoption entity with a mailing address, the entity must provide a written disclosure statement to that person if the entity agrees or continues to work with such person. If an adoption entity is assisting in the effort to terminate the parental rights of a parent who did not initiate the contact with the adoption entity, the written disclosure must be provided within 14 days after that parent is identified and located. For purposes of providing the written disclosure, a person is considered to be seeking to place a minor for adoption when that person has sought information or advice from the adoption entity regarding the option of adoptive placement. The written disclosure statement must be in substantially the following form: ADOPTION DISCLOSURE THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING ADOPTION UNDER FLORIDA LAW: 1. The name, address, and telephone number of the adoption entity providing this disclosure is: Name: -------------------------------------------------------------------------------- Address: -------------------------------------------------------------------------------- Telephone Number: -------------------------------------------------------------------------------- 2. The adoption entity does not provide legal representation or advice to birth parents, and birth parents have the right to consult with an attorney of their own choosing to advise them. 3. With the exception of an adoption by a stepparent or relative, a child cannot be placed into a prospective adoptive home unless the prospective adoptive parents have received a favorable preliminary home study, including criminal and child abuse clearances. 4. A valid consent for adoption may not be signed by the birth mother until 48 hours after the birth of the child, or the day the birth mother is notified, in writing, that she is fit for discharge from the licensed hospital or birth center. A putative father may sign a valid consent for adoption at any time after the birth of the child. 5. A consent for adoption signed before the child attains the age of 6 months is binding and irrevocable from the moment it is signed unless it can be proven in court that the consent was obtained by fraud or duress. A consent for adoption signed after the child attains the age of 6 months is valid from the moment it is signed; however, it may be revoked until the child is placed in an adoptive home, or up to 3 days after it was signed, whichever period is longer. 6. A consent for adoption is not valid if the signature of the person who signed the consent was obtained by fraud or duress. 7. There are alternatives to adoption, including foster care, relative care, and parenting the child. There may be services and sources of financial assistance in the community available to birth parents if they choose to parent the child. 8. A birth parent has the right to have a witness of his or her choice, who is unconnected with the adoption entity or the adoptive parents, to be present and witness the signing of the consent or affidavit of nonpaternity. 9. A birth parent 14 years of age or younger must have a parent, legal guardian, or court-appointed guardian ad litem to assist and advise the birth parent as to the adoption plan. 10. A birth parent has a right to receive supportive counseling from a counselor, social worker, physician, clergy, or attorney, and such counseling would be beneficial to the birth parent. 11. The payment of living or medical expenses by the prospective adoptive parents prior to the birth of the child does not, in any way, obligate the birth parent to sign the consent for adoption. (2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity must obtain a written statement acknowledging receipt of the disclosure required under subsection (1) and signed by the persons receiving the disclosure or, if it is not possible to obtain such an acknowledgment, the adoption entity must execute an affidavit stating why an acknowledgment could not be obtained. If the disclosure was delivered by certified United States mail, return receipt requested, a return receipt signed by the person from whom acknowledgment is required is sufficient to meet the requirements of this subsection. A copy of the acknowledgment of receipt of the disclosure must be provided to the person signing it. A copy of the acknowledgment or affidavit executed by the adoption entity in lieu of the acknowledgment must be maintained in the file of the adoption entity. The original acknowledgment or affidavit must be filed with the court. (3) REVOCATION OF CONSENT.--Failure to meet the requirements of subsection (1) or subsection (2) does not constitute grounds for revocation of a consent to adoption or withdrawal of an affidavit of nonpaternity unless the extent and circumstances of such a failure result in a material failure of fundamental fairness in the administration of due process, or the failure constitutes or contributes materially to fraud or duress in obtaining a consent to adoption or affidavit of nonpaternity. History.--s. 1, ch. 84-28; s. 2, ch. 88-109; s. 8, ch. 92-96; s. 338, ch. 95-147; s. 15, ch. 2001-3; s. 16, ch. 2003-58. 63.087 Proceeding to terminate parental rights pending adoption; general provisions.-- (1) JURISDICTION.--A court of this state which is competent to decide child welfare or custody matters has jurisdiction to hear all matters arising from a proceeding to terminate parental rights pending adoption. (2) VENUE.-- (a) A petition to terminate parental rights pending adoption must be filed: 1. In the county where the child resides; 2. If the child does not reside in the State of Florida, in the county where the adoption entity is located; 3. In the county where the adoption entity is located; or 4. If neither parent resides in the state, in the county where the adoption entity is located. The fact of the minor's presence within the state confers jurisdiction on the court in proceedings in the minor's case under this chapter, or to a parent or guardian if due notice has been given. (b) If a petition for termination of parental rights has been filed and a parent whose rights are to be terminated objects to venue, there must be a hearing in which the court shall determine whether that parent intends to assert legally recognized grounds to contest a termination of parental rights and, if so, the court shall immediately transfer venue to the county where that parent resides or resided at the time of the execution of the consent. For purposes of selecting venue, the court shall consider the ease of access to the court for the parent who intends to contest a termination of parental rights. (c) If there is a transfer of venue, the court may determine which party shall bear the cost of venue transfer. For purposes of the hearing under this subsection, witnesses located in another jurisdiction may testify by deposition or testify by telephone, audiovisual means, or other electronic means before a designated court or at another location. Documentary evidence transmitted from another location by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. The court on its own motion may otherwise prescribe the manner in which and the terms upon which the testimony is taken. (3) PREREQUISITE FOR ADOPTION.--A petition for adoption may not be filed until after the date the court enters the judgment terminating parental rights pending adoption under this chapter or under chapter 39. Adoptions of relatives, adult adoptions, or adoptions of stepchildren shall not be required to file a separate termination of parental rights proceeding pending adoption. In such cases, all required consents, affidavits, notices, and acknowledgments shall be attached to the petition for adoption or filed separately in the adoption proceeding. (4) PETITION.-- (a) A proceeding seeking to terminate parental rights pending adoption pursuant to this chapter must be initiated by the filing of an original petition after the birth of the minor. (b) The petition may be filed by a parent or person having physical custody of the minor. The petition may be filed by an adoption entity only if a parent or person having physical or legal custody who has executed a consent to adoption pursuant to s. 63.082 also consents in writing to the adoption entity filing the petition. The original of such consent must be filed with the petition. (c) The petition must be entitled: "In the Matter of the Termination of Parental Rights for the Proposed Adoption of a Minor Child." (d) The petition to terminate parental rights pending adoption must be in writing and signed by the petitioner under oath stating the petitioner's good faith in filing the petition. A written consent to adoption, affidavit of nonpaternity, or affidavit of diligent search under s. 63.088, for each person whose consent to adoption is required under s. 63.062, must be executed and attached. (e) The petition must include: 1. The minor's name, gender, date of birth, and place of birth. The petition must contain all names by which the minor is or has been known, excluding the minor's prospective adoptive name but including the minor's legal name at the time of the filing of the petition. In the case of an infant child whose adoptive name appears on the original birth certificate, the adoptive name shall not be included in the petition, nor shall it be included elsewhere in the termination of parental rights proceeding. 2. All information required by the Uniform Child Custody Jurisdiction and Enforcement Act and the Indian Child Welfare Act. 3. A statement of the grounds under s. 63.089 upon which the petition is based. 4. The name, address, and telephone number of any adoption entity seeking to place the minor for adoption. 5. The name, address, and telephone number of the division of the circuit court in which the petition is to be filed. 6. A certification of compliance with the requirements of s. 63.0425 regarding notice to grandparents of an impending adoption. (5) SUMMONS TO BE ISSUED.--The petitioner shall cause a summons to be issued substantially in the form provided in Form 1.902, Florida Rules of Civil Procedure. Petition and summons shall be served upon any person whose consent has been provided but who has not waived service of the pleadings and notice of the hearing thereon and also upon any person whose consent is required but who has not provided that consent. (6) ANSWER REQUIRED.--An answer to the petition or any pleading requiring an answer shall be filed in accordance with the Florida Rules of Civil Procedure. Failure to file a written response or to appear at the hearing on the petition constitutes grounds upon which the court may terminate parental rights. The petitioner shall provide notice of the final hearing by United States mail to any person who has been served with the summons and petition for termination of parental rights within the specified time periods. Notwithstanding the filing of any answer or any pleading, any person present at the hearing to terminate parental rights pending adoption whose consent to adoption is required under s. 63.062 must: (a) Be advised by the court that he or she has a right to ask that the hearing be reset for a later date so that the person may consult with an attorney; and (b) Be given an opportunity to deny the allegations in the petition. History.--s. 16, ch. 2001-3; s. 17, ch. 2003-58; s. 8, ch. 2005-2. 63.088 Proceeding to terminate parental rights pending adoption; notice and service; diligent search.-- (1) NOTICE REQUIRED.--An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur and that he has a duty to protect his own rights and interest. He is, therefore, entitled to notice of a birth or adoption proceeding with regard to that child only as provided in this chapter. (2) INITIATE LOCATION PROCEDURES.--When the location of a person whose consent to an adoption is required but is not known, the adoption entity must begin the inquiry and diligent search process required by this section within a reasonable time period after the date on which the person seeking to place a minor for adoption has evidenced in writing to the adoption entity a desire to place the minor for adoption with that entity, or not later than 30 days after the date any money is provided as permitted under this chapter by the adoption entity for the benefit of the person seeking to place a minor for adoption. (3) LOCATION AND IDENTITY KNOWN.--Before the court may determine that a minor is available for adoption, and in addition to the other requirements set forth in this chapter, each person whose consent is required under s. 63.062, who has not executed an affidavit of nonpaternity, and whose location and identity have been determined by compliance with the procedures in this section must be personally served, pursuant to chapter 48, at least 20 days before the hearing with a copy of the petition to terminate parental rights pending adoption and with notice in substantially the following form: NOTICE OF PETITION AND HEARING A petition to terminate parental rights pending adoption has been filed. A copy of the petition is being served with this notice. There will be a hearing on the petition to terminate parental rights pending adoption on (date) at (time) before (judge) at (location, including complete name and street address of the courthouse) . The court has set aside (amount of time) for this hearing. UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING THE MINOR CHILD. (4) REQUIRED INQUIRY.--In proceedings initiated under s. 63.087, the court must conduct an inquiry of the person who is placing the minor for adoption and of any relative or person having legal custody of the minor who is present at the hearing and likely to have the following information regarding the identity of: (a) Any person to whom the mother of the minor was married at any time when conception of the minor may have occurred or at the time of the birth of the minor; (b) Any person who has been declared by a court to be the father of the minor; (c) Any man who has adopted the minor; (d) Any man with whom the mother was cohabiting at any time when conception of the minor may have occurred; and (e) Any person who has acknowledged or claimed paternity of the minor. The information required under this subsection may be provided to the court in the form of a sworn affidavit by a person having personal knowledge of the facts, addressing each inquiry enumerated in this subsection, except that, if the inquiry identifies a father under paragraph (a), paragraph (b), or paragraph (c), the inquiry shall not continue further. The inquiry required under this subsection may be conducted before the birth of the minor. (5) LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by the court under subsection (4) identifies any person whose consent to adoption is required under s. 63.062 and who has not executed a consent to adoption or an affidavit of nonpaternity, and the location of the person from whom consent is required is unknown, the adoption entity must conduct a diligent search for that person which must include inquiries concerning: (a) The person's current address, or any previous address, through an inquiry of the United States Postal Service through the Freedom of Information Act; (b) The last known employment of the person, including the name and address of the person's employer; (c) Regulatory agencies, including those regulating licensing in the area where the person last resided; (d) Names and addresses of relatives to the extent such can be reasonably obtained from the petitioner or other sources, contacts with those relatives, and inquiry as to the person's last known address. The petitioner shall pursue any leads of any addresses to which the person may have moved; (e) Information as to whether or not the person may have died and, if so, the date and location; (f) Telephone listings in the area where the person last resided; (g) Inquiries of law enforcement agencies in the area where the person last resided; (h) Highway patrol records in the state where the person last resided; (i) Department of Corrections records in the state where the person last resided; (j) Hospitals in the area where the person last resided; (k) Records of utility companies, including water, sewer, cable television, and electric companies, in the area where the person last resided; (l) Records of the Armed Forces of the United States as to whether there is any information as to the person; (m) Records of the tax assessor and tax collector in the area where the person last resided; and (n) Search of one Internet databank locator service. An affidavit of diligent search executed by the petitioner and the adoption entity must be filed with the court confirming completion of each aspect of the diligent search enumerated in this subsection and specifying the results. The diligent search required under this subsection may be conducted before the birth of the minor. (6) CONSTRUCTIVE SERVICE.--This subsection only applies if, as to any person whose consent is required under s. 63.062 and who has not executed a consent to adoption or an affidavit of nonpaternity, the location of the person is unknown and the inquiry under subsection (4) fails to locate the person. The unlocated person must be served notice under subsection (3) by constructive service in the manner provided in chapter 49. The notice shall be published in the county where the person was last known to have resided. The notice, in addition to all information required under chapter 49, must include a physical description, including, but not limited to, age, race, hair and eye color, and approximate height and weight of the person, the minor's date of birth, and the place of birth of the minor. Constructive service by publication shall not be required to provide notice to an identified birth father whose consent is not required pursuant to ss. 63.062 and 63.064. History.--s. 17, ch. 2001-3; s. 18, ch. 2003-58. 63.089 Proceeding to terminate parental rights pending adoption; hearing; grounds; dismissal of petition; judgment.-- (1) HEARING.--The court may terminate parental rights pending adoption only after a hearing. (2) HEARING PREREQUISITES.--The court may hold the hearing only when: (a) For each person whose consent to adoption is required under s. 63.062: 1. A consent under s. 63.082 has been executed and filed with the court; 2. An affidavit of nonpaternity under s. 63.082 has been executed and filed with the court; 3. Notice has been provided under ss. 63.087 and 63.088; or 4. The certificate from the Office of Vital Statistics has been provided to the court stating that a diligent search has been made of the Florida Putative Father Registry created in s. 63.054 and that no filing has been found pertaining to the father of the child in question or, if a filing is found, stating the name of the putative father and the time and date of the filing. (b) For each notice and petition that must be served under ss. 63.087 and 63.088: 1. At least 20 days have elapsed since the date of personal service and an affidavit of service has been filed with the court; 2. At least 30 days have elapsed since the first date of publication of constructive service and an affidavit of service has been filed with the court; or 3. An affidavit of nonpaternity which affirmatively waives service has been executed and filed with the court; (c) The minor named in the petition has been born; and (d) The petition contains all information required under s. 63.087 and all affidavits of inquiry, diligent search, and service required under s. 63.088 have been obtained and filed with the court. (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING ADOPTION.--The court may enter a judgment terminating parental rights pending adoption if the court determines by clear and convincing evidence, supported by written findings of fact, that each person whose consent to adoption is required under s. 63.062: (a) Has executed a valid consent under s. 63.082 and the consent was obtained according to the requirements of this chapter; (b) Has executed an affidavit of nonpaternity and the affidavit was obtained according to the requirements of this chapter; (c) Has been served with a notice of the intended adoption plan in accordance with the provisions of s. 63.062(3) and has failed to respond within the designated time period; (d) Has been properly served notice of the proceeding in accordance with the requirements of this chapter and has failed to file a written answer or appear at the evidentiary hearing resulting in the judgment terminating parental rights pending adoption; (e) Has been properly served notice of the proceeding in accordance with the requirements of this chapter and has been determined under subsection (4) to have abandoned the minor as defined in s. 63.032; (f) Is a parent of the person to be adopted, which parent has been judicially declared incapacitated with restoration of competency found to be medically improbable; (g) Is a person who has legal custody of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably; (h) Has been properly served notice of the proceeding in accordance with the requirements of this chapter, but has been found by the court, after examining written reasons for the withholding of consent, to be unreasonably withholding his or her consent; or (i) Is the spouse of the person to be adopted who has failed to consent, and the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent. (4) FINDING OF ABANDONMENT.--A finding of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032(1). A finding of abandonment may be based upon emotional abuse or a refusal to provide reasonable financial support, when able, to a birth mother during her pregnancy. If, in the opinion of the court, the efforts of a parent or person having legal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father toward the child's mother during her pregnancy. (a) In making a determination of abandonment at a hearing for termination of parental rights pursuant to this chapter, the court must consider, among other relevant factors not inconsistent with this section: 1. Whether the actions alleged to constitute abandonment demonstrate a willful disregard for the safety or welfare of the child or unborn child; 2. Whether the person alleged to have abandoned the child, while being able, failed to provide financial support; 3. Whether the person alleged to have abandoned the child, while being able, failed to pay for medical treatment; and 4. Whether the amount of support provided or medical expenses paid was appropriate, taking into consideration the needs of the child and relative means and resources available to the person alleged to have abandoned the child. (b) The child has been abandoned when the parent of a child is incarcerated on or after October 1, 2001, in a state or federal correctional institution and: 1. The period of time for which the parent is expected to be incarcerated will constitute a substantial portion of the period of time before the child will attain the age of 18 years; 2. The incarcerated parent has been determined by the court to be a violent career criminal as defined in s. 775.084, a habitual violent felony offender as defined in s. 775.084, convicted of child abuse as defined in s. 827.03, or a sexual predator as defined in s. 775.21; has been convicted of first degree or second degree murder in violation of s. 782.04 or a sexual battery that constitutes a capital, life, or first degree felony violation of s. 794.011; or has been convicted of an offense in another jurisdiction which is substantially similar to one of the offenses listed in this subparagraph. As used in this section, the term "substantially similar offense" means any offense that is substantially similar in elements and penalties to one of those listed in this subparagraph, and that is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction; or 3. The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, that termination of the parental rights of the incarcerated parent is in the best interest of the child. (5) DISMISSAL OF PETITION.--If the court does not find by clear and convincing evidence that parental rights of a parent should be terminated pending adoption, the court must dismiss the petition and that parent's parental rights that were the subject of such petition shall remain in full force under the law. The order must include written findings in support of the dismissal, including findings as to the criteria in subsection (4) if rejecting a claim of abandonment. Parental rights may not be terminated based upon a consent that the court finds has been timely withdrawn under s. 63.082 or a consent to adoption or affidavit of nonpaternity that the court finds was obtained by fraud or duress. The court must enter an order based upon written findings providing for the placement of the minor. The court may order scientific testing to determine the paternity of the minor at any time during which the court has jurisdiction over the minor. Further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742. (6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING ADOPTION.-- (a) The judgment terminating parental rights pending adoption must be in writing and contain findings of fact as to the grounds for terminating parental rights pending adoption. (b) Within 7 days after filing, the court shall mail a copy of the judgment to the department. The clerk shall execute a certificate of such mailing. (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.-- (a) A motion for relief from a judgment terminating parental rights must be filed with the court originally entering the judgment. The motion must be filed within a reasonable time, but not later than 1 year after the entry of the judgment terminating parental rights. (b) No later than 30 days after the filing of a motion under this subsection, the court must conduct a preliminary hearing to determine what contact, if any, shall be permitted between a parent and the child pending resolution of the motion. Such contact shall be considered only if it is requested by a parent who has appeared at the hearing. If the court orders contact between a parent and child, the order must be issued in writing as expeditiously as possible and must state with specificity any provisions regarding contact with persons other than those with whom the child resides. (c) At the preliminary hearing, the court, upon the motion of any party or upon its own motion, may order scientific testing to determine the paternity of the minor if the person seeking to set aside the judgment is alleging to be the child's father and that fact has not previously been determined by legitimacy or scientific testing. The court may order visitation with a person for whom scientific testing for paternity has been ordered and who has previously established a bonded relationship with the child. (d) Unless otherwise agreed between the parties or for good cause shown, the court shall conduct a final hearing on the motion for relief from judgment within 45 days after the filing and enter its written order as expeditiously as possible thereafter. (8) RECORDS; CONFIDENTIAL INFORMATION.--All papers and records pertaining to a petition to terminate parental rights pending adoption are related to the subsequent adoption of the minor and are subject to the provisions of s. 63.162. The confidentiality provisions of this chapter do not apply to the extent information regarding persons or proceedings must be made available as specified under s. 63.088. History.--s. 18, ch. 2001-3; s. 19, ch. 2003-58; s. 13, ch. 2004-371. 63.092 Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.-- (1) REPORT TO THE COURT.--The adoption entity must report any intended placement of a minor for adoption with any person who is not a relative or a stepparent if the adoption entity has knowledge of, or participates in, such intended placement. The report must be made to the court before the minor is placed in the home or within 48 hours thereafter. (2) AT-RISK PLACEMENT.--If the minor is placed in the prospective adoptive home before the parental rights of the minor's parents are terminated under s. 63.089, the placement is an at-risk placement. If the placement is an at-risk placement, the prospective adoptive parents must acknowledge in writing before the minor may be placed in the prospective adoptive home that the placement is at risk. The prospective adoptive parents shall be advised by the adoption entity, in writing, that the minor is subject to removal from the prospective adoptive home by the adoption entity or by court order at any time prior to the finalization of the adoption. (3) PRELIMINARY HOME STUDY.--Before placing the minor in the intended adoptive home, a preliminary home study must be performed by a licensed child-placing agency, a child-caring agency registered under s. 409.176, a licensed professional, or agency described in s. 61.20(2), unless the adoptee is an adult or the petitioner is a stepparent or a relative. If the adoptee is an adult or the petitioner is a stepparent or a relative, a preliminary home study may be required by the court for good cause shown. The department is required to perform the preliminary home study only if there is no licensed child-placing agency, child-caring agency registered under s. 409.176, licensed professional, or agency described in s. 61.20(2), in the county where the prospective adoptive parents reside. The preliminary home study must be made to determine the suitability of the intended adoptive parents and may be completed prior to identification of a prospective adoptive minor. A favorable preliminary home study is valid for 1 year after the date of its completion. Upon its completion, a copy of the home study must be provided to the intended adoptive parents who were the subject of the home study. A minor may not be placed in an intended adoptive home before a favorable preliminary home study is completed unless the adoptive home is also a licensed foster home under s. 409.175. The preliminary home study must include, at a minimum: (a) An interview with the intended adoptive parents; (b) Records checks of the department's central abuse registry and criminal records correspondence checks pursuant to s. 435.045 through the Department of Law Enforcement on the intended adoptive parents; (c) An assessment of the physical environment of the home; (d) A determination of the financial security of the intended adoptive parents; (e) Documentation of counseling and education of the intended adoptive parents on adoptive parenting; (f) Documentation that information on adoption and the adoption process has been provided to the intended adoptive parents; (g) Documentation that information on support services available in the community has been provided to the intended adoptive parents; and (h) A copy of each signed acknowledgment of receipt of disclosure required by s. 63.085. If the preliminary home study is favorable, a minor may be placed in the home pending entry of the judgment of adoption. A minor may not be placed in the home if the preliminary home study is unfavorable. If the preliminary home study is unfavorable, the adoption entity may, within 20 days after receipt of a copy of the written recommendation, petition the court to determine the suitability of the intended adoptive home. A determination as to suitability under this subsection does not act as a presumption of suitability at the final hearing. In determining the suitability of the intended adoptive home, the court must consider the totality of the circumstances in the home. No minor may be placed in a home in which there resides any person determined by the court to be a sexual predator as defined in s. 775.21 or to have been convicted of an offense listed in s. 63.089(4)(b)2. History.--s. 9, ch. 73-159; s. 5, ch. 75-226; s. 18, ch. 77-147; s. 5, ch. 78-190; s. 4, ch. 80-296; s. 3, ch. 82-166; s. 2, ch. 84-28; s. 1, ch. 85-189; s. 9, ch. 92-96; s. 126, ch. 98-403; s. 19, ch. 2001-3; s. 20, ch. 2003-58; s. 14, ch. 2004-371. 63.097 Fees.-- (1) When the adoption entity is an agency, fees may be assessed if they are approved by the department within the process of licensing the agency and if they are for: (a) Foster care expenses; (b) Preplacement and postplacement social services; and (c) Agency facility and administrative costs. (2) The following fees, costs, and expenses may be assessed by the adoption entity or paid by the adoption entity on behalf of the prospective adoptive parents: (a) Reasonable living expenses of the birth mother which the birth mother is unable to pay due to unemployment, underemployment, or disability. Reasonable living expenses are rent, utilities, basic telephone service, food, toiletries, necessary clothing, transportation, insurance, and expenses found by the court to be necessary for the health and well-being of the birth mother and the unborn child. Such expenses may be paid during the pregnancy and for a period of up to 6 weeks postpartum. (b) Reasonable and necessary medical expenses. Such expenses may be paid during the pregnancy and for a period of up to 6 weeks postpartum. (c) Expenses necessary to comply with the requirements of this chapter, including, but not limited to, service of process under s. 63.088, investigator fees, a diligent search under s. 63.088, a preliminary home study under s. 63.092, and a final home investigation under s. 63.125. (d) Court filing expenses, court costs, and other litigation expenses and birth certificate and medical record expenses. (e) Costs associated with advertising under s. 63.212(1)(g). (f) The following professional fees: 1. A reasonable hourly fee or flat fee necessary to provide legal representation to the adoptive parents or adoption entity in a proceeding filed under this chapter. 2. A reasonable hourly fee or flat fee for contact with the parent related to the adoption. In determining a reasonable hourly fee under this subparagraph, the court must consider if the tasks done were clerical or of such a nature that the matter could have been handled by support staff at a lesser rate than the rate for legal representation charged under subparagraph 1. Such tasks include, but need not be limited to, transportation, transmitting funds, arranging appointments, and securing accommodations. 3. A reasonable hourly fee for counseling services provided to a parent or a prospective adoptive parent by a psychologist licensed under chapter 490 or a clinical social worker, marriage and family therapist, or mental health counselor licensed under chapter 491, or a counselor who is employed by an adoption entity accredited by the Council on Accreditation of Services for Children and Families to provide pregnancy counseling and supportive services. (3) Approval of the court is not required until the total of amounts permitted under subsection (2) exceeds: (a) $5,000 in legal or other fees; (b) $800 in court costs; or (c) $5,000 in reasonable and necessary living and medical expenses. (4) Any fees, costs, or expenses not included in subsection (2) or prohibited under subsection (5) require court approval prior to payment and must be based on a finding of extraordinary circumstances. (5) The following fees, costs, and expenses are prohibited: (a) Any fee or expense that constitutes payment for locating a minor for adoption. (b) Any payment which is not itemized and documented on the affidavit filed under s. 63.132. (c) Any fee on the affidavit which does not specify the service that was provided and for which the fee is being charged, such as a fee for facilitation, acquisition, or other similar service, or which does not identify the date the service was provided, the time required to provide the service, the person or entity providing the service, and the hourly fee charged. (6) Unless otherwise indicated in this section, when an adoption entity uses the services of a licensed child-placing agency, a professional, any other person or agency pursuant to s. 63.092, or, if necessary, the department, the person seeking to adopt the child must pay the licensed child-placing agency, professional, other person or agency, or the department an amount equal to the cost of all services performed, including, but not limited to, the cost of conducting the preliminary home study, counseling, and |