Florida Statutes

Fla. Stat. § 63.022 (2025)

Legislative intent.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(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 interests 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) 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.

(e) 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.

(f) 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.

(g) A new birth certificate is issued after entry of the adoption judgment.

(h) At the time of the hearing, the court may order temporary substitute care when it determines that the minor is in an unsuitable home.

(i) 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.

(j) The birth parent, the prospective adoptive parent, and the minor receive, at a minimum, the safeguards, guidance, counseling, and supervision required in this chapter.

(k) 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.

(l) 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 Families 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; s. 2, ch. 2012-81; s. 25, ch. 2014-19.

Notes of Decisions

Cited in 73 cases (2 in the last 5 years), 1980–2025 · leading case: Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007).

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Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007). · cites it 16× “" Similarly, other provisions of section 63.022 address the right of an unmarried mother to "assurance regarding an adoptive placement," the right of adoptive children "to permanence and stability in adoptive placements," and the right of adoptive parents "in retaining custody…”

Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). · cites it 9× “The legislative intent of the "Florida Adoption Act" was summarized at that time in section 63.022(1): It is the intent of the legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can…”

Matter of Adoption of Doe, 543 So. 2d 741 (Fla. 1989). · cites it 5× “NOTES [1] Section 63.022(1), Florida Statutes (1985), provides: "It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life.”

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013). · cites it 4× “See § 63.022(l)(a), Fla. Stat. (“The state has a compelling interest in providing stable and permanent homes for adoptive children!.”

State, Dept. of Health v. Cox, 627 So. 2d 1210 (Fla. 2d DCA 1993). · cites it 7× “§ 63.022, Fla. Stat. (1990). Courts are directed to enter orders as deemed necessary and suitable to promote and protect the best interest of the person to be adopted, § 63.”

Jason K. Behrens v. Jerry Regier, 422 F.3d 1255 (11th Cir. 2005). · cites it 2× “See Fla. Stat. Ann. § 63.022 (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.”

By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004). · cites it 2× “1989) (stating that the best interest of the child in adoption proceedings is the paramount consideration); see also, §§ 63.022(2)( l ), 63.122(5), 63.142(4), Fla.”

Rushing v. Bosse, 652 So. 2d 869 (Fla. 4th DCA 1995). · cites it 4× “022(1), Florida Statutes (1987), which provides: "It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life.”

In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006). · cites it 4× “§ 63.022, Fla. Stat. (2004). The legislature's theory that an unmarried biological father's constitutional rights are "inchoate" is further explained in section 63.”

Adoption of D.P.P. v. C.P., 158 So. 3d 633 (Fla. 5th DCA 2014). · cites it 2× “The adoption decree was consistent with the intent of the Legislature set forth in section 63.022, Florida Statutes (2012), which provides, in part: (1) The Legislature finds that: (a) The state has a compelling interest in providing stable and permanent homes for adoptive…”

IB v. Dep't of Child. & Families, 876 So. 2d 581 (Fla. 5th DCA 2004). · cites it 2× “In turn, section 63.022(2) specifically provides that in every adoption, the best interests of the child should govern and be of foremost concern in the court's determination.”

G.S. v. T.B., 985 So. 2d 978 (Fla. 2008). · cites it 6× “022, as we stated earlier, the Legislature declared the State’s “compelling interest” in adoptions, and it further made legislative findings and stated its intent in respect to adoptions: (1) The Legislature finds that: (a) The state has a compelling interest in providing stable…”

Show all 73 citing cases →

— 63.022(1) — 16 cases

State, Dept. of Health v. Cox, 627 So. 2d 1210 (Fla. 2d DCA 1993). “§ 63.022, Fla. Stat. (1990). Courts are directed to enter orders as deemed necessary and suitable to promote and protect the best interest of the person to be adopted, § 63.”

Rushing v. Bosse, 652 So. 2d 869 (Fla. 4th DCA 1995). “022(1), Florida Statutes (1987), which provides: "It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life.”

Matter of Adoption of Doe, 543 So. 2d 741 (Fla. 1989). “NOTES [1] Section 63.022(1), Florida Statutes (1985), provides: "It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life.”

S.J. ex rel. M.W. v. W.L., 755 So. 2d 753 (Fla. 4th DCA 2000).

Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). “The legislative intent of the "Florida Adoption Act" was summarized at that time in section 63.022(1): It is the intent of the legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can…”

— 63.022(1)(a) — 9 cases

Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007). “" Similarly, other provisions of section 63.022 address the right of an unmarried mother to "assurance regarding an adoptive placement," the right of adoptive children "to permanence and stability in adoptive placements," and the right of adoptive parents "in retaining custody…”

Dept. of Child. & Fam. Servs. v. Ps, 932 So. 2d 1195 (Fla. 1st DCA 2006).

AFL v. Dept. of Child. & Families, 927 So. 2d 101 (Fla. 5th DCA 2006).

Ds v. Jl, 18 So. 3d 1103 (Fla. 1st DCA 2009).

— 63.022(1)(b) — 1 case

— 63.022(1)(c) — 2 cases

Gs v. Tb, 985 So. 2d 978 (Fla. 2008).

Bernard Cooper v. Dep't of Child. & Families (Fla. 3d DCA 2025).

— 63.022(1)(e) — 7 cases

JCJ v. Heart of Adoptions, Inc., 989 So. 2d 32 (Fla. 2d DCA 2008).

In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006). “§ 63.022, Fla. Stat. (2004). The legislature's theory that an unmarried biological father's constitutional rights are "inchoate" is further explained in section 63.”

In Re Jt, 947 So. 2d 1212 (Fla. 2d DCA 2007).

Js v. Sa, 912 So. 2d 650 (Fla. 4th DCA 2005).

— 63.022(12) — 1 case

In re Adoption by Martyak, 28 Fla. Supp. 2d 43 (Fla. Cir. Ct. 1988).

— 63.022(2) — 21 cases

By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004). “1989) (stating that the best interest of the child in adoption proceedings is the paramount consideration); see also, §§ 63.022(2)( l ), 63.122(5), 63.142(4), Fla.”

IB v. Dep't of Child. & Families, 876 So. 2d 581 (Fla. 5th DCA 2004). “In turn, section 63.022(2) specifically provides that in every adoption, the best interests of the child should govern and be of foremost concern in the court's determination.”

In re Adoption of K.A.G., 152 So. 3d 1271 (Fla. 5th DCA 2014).

— 63.022(2)(1) — 2 cases

Peregood v. Cosmides, 663 So. 2d 665 (Fla. 5th DCA 1995).

The Florida Bar v. Dove, 985 So. 2d 1001 (Fla. 2008).

— 63.022(2)(Z) — 1 case

G.W.B. v. J.S.W., 647 So. 2d 918 (Fla. 1st DCA 1994).

— 63.022(2)(a) — 2 cases

G.W.B. v. J.S.W., 647 So. 2d 918 (Fla. 1st DCA 1994).

Baby Eaw v. Jsw, 647 So. 2d 918 (Fla. 4th DCA 1994).

— 63.022(2)(b) — 2 cases

O.A.H. v. R.L.A., 712 So. 2d 4 (Fla. 2d DCA 1998).

Oah v. Rla, 712 So. 2d 4 (Fla. 2d DCA 1998).

— 63.022(2)(c) — 1 case

Matter of Adoption of Kmc, 606 So. 2d 1262 (Fla. 4th DCA 1992).

— 63.022(2)(f) — 1 case

Brod v. Matter of an Adoption, 522 So. 2d 973 (Fla. 2d DCA 1988).

— 63.022(3) — 4 cases

G.S. v. T.B., 969 So. 2d 1049 (Fla. 1st DCA 2007).

Gs v. Tb, 969 So. 2d 1049 (Fla. 1st DCA 2007).

Kemp & Assocs., Inc. v. Chisholm, 162 So. 3d 172 (Fla. 5th DCA 2015).

— 63.022(4)(a) — 2 cases

CM v. Dep't of Child. & Families, 953 So. 2d 547 (Fla. 1st DCA 2007).

— 63.022(4)(k) — 1 case

In re Adoption of K.A.G., 152 So. 3d 1271 (Fla. 5th DCA 2014).

— 63.022(5) — 3 cases

Adoption Miracles, LLC v. S.C.W., 912 So. 2d 368 (Fla. 2d DCA 2005).

In Re Snw, 912 So. 2d 368 (Fla. 2d DCA 2005).

V.r., Grandparent v. Dep't of Child. & Families (Fla. 4th DCA 2021).

— 63.022(9) — 1 case

Trushin v. State, 475 So. 2d 1290 (Fla. 3d DCA 1985).

— 63.022(l) — 1 case

G.S. v. T.B., 985 So. 2d 978 (Fla. 2008). “022, as we stated earlier, the Legislature declared the State’s “compelling interest” in adoptions, and it further made legislative findings and stated its intent in respect to adoptions: (1) The Legislature finds that: (a) The state has a compelling interest in providing stable…”

— 63.022(l)(a) — 8 cases

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013). “See § 63.022(l)(a), Fla. Stat. (“The state has a compelling interest in providing stable and permanent homes for adoptive children!.”

State, Dep't of Child. & Fam. Servs. v. I.B., 891 So. 2d 1168 (Fla. 1st DCA 2005).

J.S. v. S.A., 912 So. 2d 650 (Fla. 4th DCA 2005).

— 63.022(l)(c) — 2 cases

Kemp & Assocs., Inc. v. Chisholm, 162 So. 3d 172 (Fla. 5th DCA 2015).

— 63.022(l)(e) — 8 cases

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013). “See § 63.022(l)(a), Fla. Stat. (“The state has a compelling interest in providing stable and permanent homes for adoptive children!.”

J.S. v. S.A., 912 So. 2d 650 (Fla. 4th DCA 2005).

K.H. v. Child.'s Home Soc'y, 120 So. 3d 104 (Fla. 4th DCA 2013).

Dep't of Child. & Fam. Servs. v. Heart of Adoptions, Inc., 947 So. 2d 1212 (Fla. 2d DCA 2007).

D.S. v. J.L., 18 So. 3d 1103 (Fla. 1st DCA 2009).

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