Florida Statutes

Fla. Stat. § 63.032 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 69 cases (4 in the last 5 years), 1981–2025 · leading case: In Re Adoption of Baby EAW, 658 So. 2d 961 (Fla. 1995).

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In Re Adoption of Baby EAW, 658 So. 2d 961 (Fla. 1995). · cites it 13× “After Doe, the Legislature amended section 63.032 to define abandonment. The definition tracks the one in section 39.”

In Re Adoption of a Minor Child, 593 So. 2d 185 (Fla. 1991). · cites it 7× “Section 63.032(8), Florida Statutes, (1987), defines "intermediary" as an attorney or physician who is licensed or authorized to practice in this state or, for the purpose of adoptive placements of children from out of state with citizens of this state, a child-placing agency…”

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013). · cites it 4× “, § 63.032(12), Fla. Stat. (2008) (defining the term “parent” to mean “a woman who gives birth to a child or a man whose consent to the adoption of the child would be required”); § 742.”

Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007). · cites it 2× “" [4] Section 63.032(12), Florida Statutes (2005), provides that "`[p]arent' has the same meaning as ascribed in s.”

Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 358 F.3d 804 (11th Cir. 2004). “Indeed, it bears a rational relationship to Florida’s interest in promoting the nuclear-family model of adoption since foster care and guardianship have neither the permanence nor the societal, cultural, and legal significance as does adoptive parenthood, which is the legal…”

J.S. v. S.A., 912 So. 2d 650 (Fla. 4th DCA 2005). · cites it 10× “§ 63.032, Fla. Stat. (2004). The court based its finding of abandonment on its opinion that the father’s efforts to care for the child were marginal and that his delay in asserting his paternal rights did not evince a settled purpose to assume all parental duties.”

V.C.B. & E.G.B. v. Sultan Shakir, 145 So. 3d 967 (Fla. 4th DCA 2014). · cites it 7× “In its order denying the grandparent’s petition, the trial court found by clear and convincing evidence that the father had abandoned the child, both “financially and emotionally,” based on the definition of “abandoned” contained within section 63.032, Florida Statutes (2014). 1…”

G.W.B. v. J.S.W., 658 So. 2d 961 (Fla. 1995). · cites it 13× “After Doe, the Legislature amended section 63.032 to define abandonment. The definition tracks the one in section 39.”

GT v. Adoption of AET, 725 So. 2d 404 (Fla. 4th DCA 1999). · cites it 3× “The term "abandoned" is defined in § 63.032(14): "Abandoned" means a situation in which the parent or legal custodian of a child, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to…”

W.T.J. v. E.W.R., 721 So. 2d 723 (Fla. 1998). · cites it 9× “The district court framed the issue on appeal as “whether the trial court erred in finding that appellant’s conduct constituted abandonment of his minor child within the meaning of section 63.032, Florida Statutes (1995).” 702 So.”

Adoption Miracles, LLC v. S.C.W., 912 So. 2d 368 (Fla. 2d DCA 2005). · cites it 3× “202, Florida Statutes (2004), and therefore an adoption entity pursuant to section 63.032(3), Florida Statutes (2004), seeks review of an order denying its motion to intervene in a dependency proceeding regarding the child, S.”

In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006). · cites it 2× “See § 63.032(1) (defining abandonment in pertinent part as "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").”

Show all 69 citing cases →

— 63.032(1) — 15 cases

V.C.B. & E.G.B. v. Sultan Shakir, 145 So. 3d 967 (Fla. 4th DCA 2014). “In its order denying the grandparent’s petition, the trial court found by clear and convincing evidence that the father had abandoned the child, both “financially and emotionally,” based on the definition of “abandoned” contained within section 63.032, Florida Statutes (2014). 1…”

M.A.F. v. E.J.S., 917 So. 2d 236 (Fla. 5th DCA 2005).

In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006). “See § 63.032(1) (defining abandonment in pertinent part as "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").”

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

N.A.G. v. J.L.G., 198 So. 3d 1025 (Fla. 2d DCA 2016).

— 63.032(10) — 3 cases

W.T.J. v. E.W.R., 721 So. 2d 723 (Fla. 1998). “The district court framed the issue on appeal as “whether the trial court erred in finding that appellant’s conduct constituted abandonment of his minor child within the meaning of section 63.032, Florida Statutes (1995).” 702 So.”

Evergreen Sod Farms, Inc. v. McClendon, 513 So. 2d 1311 (Fla. 1st DCA 1987).

Wtj v. Ewr, 721 So. 2d 723 (Fla. 1998).

— 63.032(11) — 1 case

K. M. G., Statewide v. Heart of Adoptions, Inc., Dep't of Child. & Families (Fla. 2d DCA 2024).

— 63.032(12) — 6 cases

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013). “, § 63.032(12), Fla. Stat. (2008) (defining the term “parent” to mean “a woman who gives birth to a child or a man whose consent to the adoption of the child would be required”); § 742.”

Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007). “" [4] Section 63.032(12), Florida Statutes (2005), provides that "`[p]arent' has the same meaning as ascribed in s.”

T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011).

Tmh v. Dmt, 79 So. 3d 787 (Fla. 5th DCA 2011).

— 63.032(14) — 14 cases

In Re Adoption of Baby EAW, 658 So. 2d 961 (Fla. 1995). “After Doe, the Legislature amended section 63.032 to define abandonment. The definition tracks the one in section 39.”

G.W.B. v. J.S.W., 658 So. 2d 961 (Fla. 1995). “After Doe, the Legislature amended section 63.032 to define abandonment. The definition tracks the one in section 39.”

GT v. Adoption of AET, 725 So. 2d 404 (Fla. 4th DCA 1999). “The term "abandoned" is defined in § 63.032(14): "Abandoned" means a situation in which the parent or legal custodian of a child, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to…”

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

— 63.032(15) — 2 cases

J.S. v. S.A., 912 So. 2d 650 (Fla. 4th DCA 2005). “§ 63.032, Fla. Stat. (2004). The court based its finding of abandonment on its opinion that the father’s efforts to care for the child were marginal and that his delay in asserting his paternal rights did not evince a settled purpose to assume all parental duties.”

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

— 63.032(19) — 4 cases

B.B. v. P.J.M., 933 So. 2d 57 (Fla. 1st DCA 2006).

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

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

Bb v. Pjm, 933 So. 2d 57 (Fla. 1st DCA 2006).

— 63.032(2) — 8 cases

G.S. v. T.B., 985 So. 2d 978 (Fla. 2008).

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

Kay v. Swartz, 506 So. 2d 1101 (Fla. 3d DCA 1987).

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

Iris Bergman & John Stiglich v. In Re: Adoption of Z.e.s., a Child, 238 So. 3d 847 (Fla. 4th DCA 2018).

— 63.032(3) — 7 cases

Adoption Miracles, LLC v. S.C.W., 912 So. 2d 368 (Fla. 2d DCA 2005). “202, Florida Statutes (2004), and therefore an adoption entity pursuant to section 63.032(3), Florida Statutes (2004), seeks review of an order denying its motion to intervene in a dependency proceeding regarding the child, S.”

DEPT. OF HEALTH v. Adoption of Gilli, 746 So. 2d 1172 (Fla. 5th DCA 1999).

Y.G., Mother of A.P., A Child v. Dep't of Child. & Families, 246 So. 3d 509 (Fla. 1st DCA 2018).

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

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

— 63.032(5) — 2 cases

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

— 63.032(6) — 1 case

Home At Last Agency, Inc. v. J.L.C.-W, 98 So. 3d 699 (Fla. 5th DCA 2012).

— 63.032(7) — 4 cases

STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986).

Nat'l Adoption Counseling Serv., Inc. v. State, Dep't of Health & Rehabilitative Servs., 480 So. 2d 250 (Fla. 4th DCA 1985).

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

— 63.032(8) — 7 cases

In Re Adoption of a Minor Child, 593 So. 2d 185 (Fla. 1991). “Section 63.032(8), Florida Statutes, (1987), defines "intermediary" as an attorney or physician who is licensed or authorized to practice in this state or, for the purpose of adoptive placements of children from out of state with citizens of this state, a child-placing agency…”

Adoption Hot Line, Inc. v. State, Dep't of Health & Rehabilitative Servs., 402 So. 2d 1307 (Fla. 3d DCA 1981).

In Re Adoption of a Minor Child, 570 So. 2d 340 (Fla. 4th DCA 1990).

Nat'l Adoption Counseling Serv., Inc. v. State, Dep't of Health & Rehabilitative Servs., 480 So. 2d 250 (Fla. 4th DCA 1985).

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

— 63.032(9) — 8 cases

Beard v. Hamilton, 512 So. 2d 1088 (Fla. 2d DCA 1987).

In Re Adoption of a Minor Child, 570 So. 2d 340 (Fla. 4th DCA 1990).

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

STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986).

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