Florida Statute 63.022 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.022

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.

F.S. 63.022 on Google Scholar

F.S. 63.022 on Casetext

Amendments to 63.022

Arrestable Offenses / Crimes under Fla. Stat. 63.022

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.022.

Annotations, Discussions, Cases:

Cases Citing Statute 63.022

Total Results: 20

V.R., GRANDPARENT v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-09-15

Snippet: court found the legislative intent behind section 63.022(5) was: to provide for cooperation between

MARLA SHARE v. BROKEN SOUND CLUB, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-03-10

Snippet: implied.” Richard A. Lorde, Williston on Contracts § 63:22 (4th ed. 2020); see also Ins.

E.P. v. Hogreve

Court: District Court of Appeal of Florida | Date Filed: 2018-12-21

Citation: 259 So. 3d 1007

Snippet: to benefit child by adopting her"); see also § 63.022, Fla. Stat. (2010) ("It is the intent of the Legislature

IRIS BERGMAN and JOHN STIGLICH v. IN RE: ADOPTION OF Z.E.S., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 238 So. 3d 847

Snippet: intent of the Legislature set forth in section 63.022, Florida Statutes (2012).” Id. at 638 n.2.

Children's Home Society of Florida v. V.D.

Court: District Court of Appeal of Florida | Date Filed: 2016-03-28

Citation: 188 So. 3d 920, 2016 Fla. App. LEXIS 4700, 2016 WL 1178018

Snippet: mother] signed the consent for adoption”); id. § 63.022 (reciting unmarried birth mother’s right to privacy

Department of Children & Families v. Statewide Guardian Ad Litem Program

Court: District Court of Appeal of Florida | Date Filed: 2016-02-29

Citation: 186 So. 3d 1084, 2016 Fla. App. LEXIS 2968, 2016 WL 869317

Snippet: foremost concern in the court’s determination.” § 63.022(2), Fla. Stat. (2015). “A case in which a minor

Kemp & Associates, Inc. v. Chisholm

Court: District Court of Appeal of Florida | Date Filed: 2015-02-06

Citation: 162 So. 3d 172, 2015 Fla. App. LEXIS 1555, 2015 WL 477856

Snippet: preventing the disruption of adoptive placements ....” § 63.022(l)(a), Fla. Stat. (2010). Adoptive children also

In re Adoption of K.A.G.

Court: District Court of Appeal of Florida | Date Filed: 2014-12-24

Citation: 152 So. 3d 1271, 2014 Fla. App. LEXIS 20849, 2014 WL 7331269

Snippet: forefront when the court considers an adoption. See § 63.022(2), Fla. Stat. (2013). Our standard of review in

Adoption of D.P.P. v. C.P.

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

Citation: 158 So. 3d 633, 2014 Fla. App. LEXIS 7815, 2014 WL 2109130

Snippet: intent of the Legislature set forth in section 63.022, Florida Statutes (2012), which provides, in part:

D.M.T. v. T.M.H.

Court: Supreme Court of Florida | Date Filed: 2013-11-07

Citation: 129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Snippet: under the Florida or federal constitutions); § 63.022(l)(e), Fla. Stat. (“An unmarried biological father

K.H. v. Children's Home Society

Court: District Court of Appeal of Florida | Date Filed: 2013-08-14

Citation: 120 So. 3d 104, 2013 WL 4080917, 2013 Fla. App. LEXIS 12729

Snippet: commitment to the responsibilities of parenthood ....” § 63.022(l)(e), Fla. Stat. (2012). Commitment to the responsibilities

Florida Department of Children & Families v. Adoption of X.X.G.

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

Citation: 45 So. 3d 79, 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621

Snippet: the enactment of the categorical ban. Subsection 63.022(2), part of the 2001 overhaul, states: It is the

K.D. v. Gift of Life Adoptions, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-09-11

Citation: 17 So. 3d 1244, 2009 Fla. App. LEXIS 13481, 2009 WL 2901298

Snippet: commitment to the responsibilities of parenthood." § 63.022(1)(e), Fla. Stat. (2007). In order to preserve

D.S. v. J.L.

Court: District Court of Appeal of Florida | Date Filed: 2009-08-10

Citation: 18 So. 3d 1103, 2009 Fla. App. LEXIS 11046

Snippet: included a provision entitled “Legislative intent.” § 63.022. It provides, in pertinent part, as follows: (1)

Ds v. Jl

Court: District Court of Appeal of Florida | Date Filed: 2009-08-10

Citation: 18 So. 3d 1103, 2009 WL 2424306

Snippet: included a provision entitled "Legislative intent." § 63.022. It provides, in pertinent part, as follows: (1)

Hingson v. MMI OF FLORIDA, INC.

Court: District Court of Appeal of Florida | Date Filed: 2009-03-18

Citation: 8 So. 3d 398, 2009 Fla. App. LEXIS 2218, 2009 WL 691161

Snippet: inequality. The court also awarded attorney's fees of $63,022.92 to the husband for his successful defense of

JCJ v. Heart of Adoptions, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-07-02

Citation: 989 So. 2d 32, 2008 WL 2596365

Snippet: accordance with the requirements of this chapter. § 63.022(1)(e), Fla. Stat. (2004).[2] Additionally, an unmarried

The Florida Bar v. Dove

Court: Supreme Court of Florida | Date Filed: 2008-06-12

Citation: 985 So. 2d 1001, 2008 WL 2373903

Snippet: proceedings." (citations omitted)); see also § 63.022(2)(1), Fla. Stat. (2002). This applies to both

G.S. v. T.B.

Court: Supreme Court of Florida | Date Filed: 2008-05-22

Citation: 985 So. 2d 978

Snippet: for adoptive children, as expressed in section 63.022(l)(a), Florida Statutes (2005), and to enforce

Gs v. Tb

Court: Supreme Court of Florida | Date Filed: 2008-05-22

Citation: 985 So. 2d 978, 33 Fla. L. Weekly Supp. 325, 2008 Fla. LEXIS 1243

Snippet: for adoptive children, as expressed in section 63.022(1)(a), Florida Statutes (2005), and to enforce