Florida Statute 63.032 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

View Entire Chapter

F.S. 63.032

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 little or no provision for the child’s support or 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, a child-caring agency registered under s. 409.176, an intermediary, a Florida child-placing agency licensed under s. 63.202, or a child-placing agency licensed in another state which is licensed by the department to place children in the State of Florida.

(4) “Adoption plan” means an arrangement made by a birth parent or other individual having a legal right to custody of a minor, born or to be born, with an adoption entity in furtherance of placing the minor for adoption.

(5) “Adult” means a person who is not a minor.

(6) “Agency” means any child-placing agency licensed by the department pursuant to s. 63.202 to place minors for adoption.

(7) “Child” means any unmarried person under the age of 18 years who has not been emancipated by court order.

(8) “Court” means a circuit court of this state and, if the context requires, the court of any state that is empowered to grant petitions for adoption.

(9) “Department” means the Department of Children and Families.

(10) “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.

(11) “Legal custody” has the meaning ascribed in s. 39.01.

(12) “Parent” means a woman who gives birth to a child and who is not a gestational surrogate as defined in s. 742.13 or a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated or an alleged or prospective parent.

(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) “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.

(15) “Primarily lives and works outside Florida” means that a person lives and works outside this state at least 6 months and 1 day per year, is a member of the military who designates a state other than Florida as his or her place of residence in accordance with the Servicemembers Civil Relief Act, Pub. L. No. 108-189, or is a citizen of the United States living in a foreign country who designates a state other than Florida as his or her place of residence.

(16) “Relative” means a person related by blood to the person being adopted within the third degree of consanguinity.

(17) “Suitability of the intended placement” means the fitness of the intended placement, with primary consideration being given to the best interests of the child.

(18) “To place” means the process whereby a parent or legal guardian surrenders a child for adoption and the prospective adoptive parents receive and adopt the child, and includes all actions by any person or adoption entity participating in the process.

(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 on the date of the birth of the child and who, before the filing of a petition to terminate parental rights, has not been adjudicated by a court of competent jurisdiction to be the legal father of the child or has not filed an affidavit pursuant to s. 382.013(2)(c).

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; s. 6, ch. 2007-5; s. 3, ch. 2008-151; s. 3, ch. 2012-81; s. 26, ch. 2014-19.

F.S. 63.032 on Google Scholar

F.S. 63.032 on Casetext

Amendments to 63.032

Arrestable Offenses / Crimes under Fla. Stat. 63.032

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.032.

Annotations, Discussions, Cases:

Cases Citing Statute 63.032

Total Results: 20

Margaret Janik v. In re: The Adoption of M.D.J., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: Section 63.032(9) defines “department” as the Florida Department of Children and Families. § 63.032(9), Fla

D.C. and G.C. v. In Re: The Matter of the adoption of N.L.W.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-10T00:00:00-07:00

Snippet: parent abandoned the child, as defined in section 63.032. § 63.089(3)(e), Fla. Stat. And section 63.089(

Ellen M. Kaplan v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: place the child with an agency as defined in s. 63.032, with a child-caring agency registered under s.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-15T00:53:00-07:00

Snippet: 912 So. 2d 368, 370 (Fla. 2d DCA 2005). 2 Section 63.032(3) defines “adoption entity” as “the department…department to place children in the State of Florida.” § 63.032(3), Fla. Stat. (2020). … child would be required under s. 63.062(1).” § 63.032(12), Fla. Stat. (2021). The statute does not define

C.G. and C.G. v. R.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-12T00:53:00-07:00

Snippet: abandoned” R., as that term is defined in section 63.032, Florida Statutes, and further, that Appellee had…accordance with the definition contained in s. 63.032. A finding of abandonment may also be based…responsibility for the child’s welfare. Section 63.032(1), Florida Statutes, defines “abandoned” to mean…Having referenced abandonment as defined in section 63.032(1), section 63.089(4) continues: (a) … a finding of abandonment as defined in section 63.032(1) and, in doing so, consider the four factors

Y.G., Mother of A.P., A Child v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-03T00:00:00-07:00

Citation: 246 So. 3d 509

Snippet: for purposes of section 63.082(6)(b)-(d). See § 63.032(3), (10), & (18), Fla. Stat. (defining “adoption

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-06T23:53:00-08:00

Snippet: such adoptive parents in lawful wedlock. § 63.032(2), Fla. Stat. (2016) (emphasis added). An…to petition to adopt his or her own child. See § 63.032(2) (defining adoption as the act of creating the… to such adoptive parents in lawful wedlock.” § 63.032(2). We find that the petitioners in D.P.P.

S.M.K. v. S.L.E.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-02T00:00:00-08:00

Citation: 238 So. 3d 925

Snippet: x27;s right to oppose adoption."). Section 63.032(1), Florida Statutes (2016), defines "abandoned…provides that a finding of abandonment under section 63.032(1) must be supported by clear and convincing evidence… court made no specific findings under sections 63.032(1) or 63.089(4). Furthermore, it disregarded the

S.M.K. v. S.L.E.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-25T23:53:00-08:00

Snippet: biological father’s right to oppose adoption.”). Section 63.032(1), Florida Statutes (2016), defines “abandoned…provides that a finding of abandonment under section 63.032(1) must be supported by clear and convincing evidence…court made no specific findings under sections 63.032(1) or 63.089(4). Furthermore, it disregarded the

N.A.G. v. J.L.G.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-12T00:53:00-07:00

Snippet: may declare the child to be abandoned. § 63.032(1); see also M.A.F. v. E.J.S., 917 So. 2d 236, …relinquish all parental responsibilities. See § 63.032(1); see also G.T., 725 So. 2d at 410. Termination

N.A.G. v. J.L.G.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-12T00:00:00-07:00

Citation: 198 So. 3d 1025, 2016 Fla. App. LEXIS 12180, 2016 WL 4261865

Snippet: court may declare the child to be abandoned. § 63.032(1); see also M.A.F. v. E.J.S., 917 So.2d 236, 238…relinquish all parental responsibilities. See § 63.032(1); see also G.T., 725 So.2d at 410. Termination

V.C.B. and E.G.B. v. Sultan Shakir

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-27T00:00:00-07:00

Citation: 145 So. 3d 967, 2014 Fla. App. LEXIS 13445

Snippet: definition contained in s. 63.032. § 63.089(4), Fla. Stat. (2014). Section 63.032(1) defines “abandoned…definition of “abandoned” contained within section 63.032, Florida Statutes (2014). 1 The trial…court may declare the child to be abandoned. § 63.032(1), Fla. Stat. (2014) (emphasis added). Section…has “abandoned” the child as defined in section 63.032(1). We construe the provisions of section 63.089… *971 tion of “abandoned” under section 63.032(1) to only those situations. As we observed

Estate of Maher v. Iglikova

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-09T00:00:00-07:00

Citation: 138 So. 3d 484, 2014 WL 1386660, 2014 Fla. App. LEXIS 5251

Snippet: between parent and child where it did not exist.” § 63.032(3), Fla. Stat. (2010). However, adjudication of

State v. Miranda

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-02T00:00:00-07:00

Citation: 137 So. 3d 1133, 2014 WL 1304724, 2014 Fla. App. LEXIS 4823

Snippet: ” § 916.106(15), Fla. Stat. (2011). Section 393.063(32), Florida Statutes (2011), defined “retardation…definitions of “retardation” set forth in section 393.063(32), Florida Statutes (2011), and “intellectual disability

Home at Last Adoption Agency, Inc. v. V.M.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-14T00:00:00-08:00

Citation: 126 So. 3d 1236, 2013 WL 6031048, 2013 Fla. App. LEXIS 18158

Snippet: has not abandoned the child as defined in section 63.032(1), Florida Statutes, and the case is hereby dismissed… statute. . “Abandoned” is defined in section 63.032(1) to mean: a situation in which the parent or

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

Court: Fla. | Date Filed: 2013-11-07T00:00:00-08:00

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

Snippet: would be required under s. 63.062(1),” and section 63.032(12), Florida Statutes, similarly defines “[pjarent

Home At Last Agency, Inc. v. J.L.C.-W

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-05T00:00:00-07:00

Citation: 98 So. 3d 699, 2012 WL 4738869, 2012 Fla. App. LEXIS 16959

Snippet: Appellees are residents of Connecticut). . Section 63.032(6), Florida Statutes (2011), defines "agency

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-23T00:00:00-08:00

Citation: 79 So. 3d 787

Snippet: of pregnancy ....”) (emphasis added); see also § 63.032(12), Fla. Stat. (2008) (“ ‘[Pjarenfi means a woman

Tmh v. Dmt

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-22T23:53:00-08:00

Citation: 79 So. 3d 787

Snippet: pregnancy....") (emphasis added); see also § 63.032(12), Fla. Stat. (2008) ("`[P]arent' means

F.L.C. v. G.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-17T00:00:00-08:00

Citation: 24 So. 3d 669, 2009 Fla. App. LEXIS 19765

Snippet: settled purpose to assume all parental duties.” § 63.032(1), Fla. Stat. (2008); see also M.A.F. v. E.J.S