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Florida Statute 63.032 | Lawyer Caselaw & Research
F.S. 63.032 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

Y. G. A. P. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 246 So. 3d 509 (Fla. App. Ct. 2018)

. . . See § 63.032(3), (10), & (18), Fla. Stat. . . .

I. B. J. S. v. In ADOPTION OF Z. E. S. a, 238 So. 3d 847 (Fla. App. Ct. 2018)

. . . . § 63.032(2), Fla. Stat. (2016) (emphasis added). . . . See § 63.032(2) (defining adoption as the act of creating the legal relationship between parent and child . . . parents" raising the adoptee as if the child were "born to such adoptive parents in lawful wedlock." § 63.032 . . .

S. M. K. v. S. L. E. C. C. M. C., 238 So. 3d 925 (Fla. App. Ct. 2018)

. . . Section 63.032(1), Florida Statutes (2016), defines "abandoned" as follows: (1) "Abandoned" means a situation . . . In addition, section 63.089(4) provides that a finding of abandonment under section 63.032(1) must be . . . Here, the trial court made no specific findings under sections 63.032(1) or 63.089(4). . . .

In B. W. G B. J. G. N. A. G. v. J. L. G., 198 So. 3d 1025 (Fla. Dist. Ct. App. 2016)

. . . . § 63.032(1); see also M.A.F. v. . . . See § 63.032(1); see also G.T., 725 So.2d at 410. . . .

V. C. B. E. G. B. v. SHAKIR,, 145 So. 3d 967 (Fla. Dist. Ct. App. 2014)

. . . both “financially and emotionally,” based on the definition of “abandoned” contained within section 63.032 . . . person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032 . . . Section 63.032(1) defines “abandoned” as: “Abandoned” means a situation in which the parent or person . . . a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 63.032 . . . construe the provisions of section 63.089(4)(a) to limit the definition of “abandoned” under section 63.032 . . .

ESTATE OF P. MAHER, III, v. IGLIKOVA,, 138 So. 3d 484 (Fla. Dist. Ct. App. 2014)

. . . .” § 63.032(3), Fla. Stat. (2010). . . .

HOME AT LAST ADOPTION AGENCY, INC. v. V. M., 126 So. 3d 1236 (Fla. Dist. Ct. App. 2013)

. . . Therefore, the Father has not abandoned the child as defined in section 63.032(1), Florida Statutes, . . . “Abandoned” is defined in section 63.032(1) to mean: a situation in which the parent or person having . . .

D. M. T. v. T. M. H., 129 So. 3d 320 (Fla. 2013)

. . . a man whose consent to the adoption of the child would be required under s. 63.062(1),” and section 63.032 . . . See, e.g., § 63.032(12), Fla. . . .

HOME AT LAST AGENCY, INC. v. J. L. C. W R. C. C. W,, 98 So. 3d 699 (Fla. Dist. Ct. App. 2012)

. . . Section 63.032(6), Florida Statutes (2011), defines "agency” as “any child-placing agency licensed by . . .

T. M. H. v. D. M. T., 79 So. 3d 787 (Fla. Dist. Ct. App. 2011)

. . . (emphasis added); see also § 63.032(12), Fla. . . .

F. L. C. J. L. C. J. L. C. v. G. C. N. C., 24 So. 3d 669 (Fla. Dist. Ct. App. 2009)

. . . .” § 63.032(1), Fla. Stat. (2008); see also M.A.F. v. E.J.S., 917 So.2d 236 (Fla. 5th DCA 2005). . . .

D. S. In a v. J. L., 18 So. 3d 1103 (Fla. Dist. Ct. App. 2009)

. . . child was not required because he was an “unmarried biological father” within the meaning of section 63.032 . . .

R. H. K. H. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 988 So. 2d 673 (Fla. Dist. Ct. App. 2008)

. . . in accordance with this chapter, the department may place the child with an agency as defined in s. 63.032 . . .

J. C. J. v. HEART OF ADOPTIONS, INC. C. L. S., 989 So. 2d 32 (Fla. Dist. Ct. App. 2008)

. . . See Id. at 202 (citing §§ 63.089, 63.064(1), 63.032(1), Fla. Stat. (2005)). . . . evidence that a parent ... has abandoned the child in accordance with the definition contained in s. 63.032 . . . Section 63.032(1) defines abandoned, in relevant part, as “a situation in which the parent ... while . . .

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

. . . See § 63.032(2), Fla. Stat. (2005). . . . See, e.g., §§ 63.032(2), 63.172, Fla. Stat. (2005). . . .

G. S. B. S. I. S. C. S. v. T. B. E. B., 969 So. 2d 1049 (Fla. Dist. Ct. App. 2007)

. . . Treating natural parents differently from adoptive parents is specifically rejected by section 63.032 . . .

HEART OF ADOPTIONS, INC. v. J. A., 963 So. 2d 189 (Fla. 2007)

. . . and financial abandonment of the birth mother and child pursuant to sections 68.089, 68.064(1) and 63.032 . . . However, the adoption entity may pursue its claim of abandonment under sections 63.089, 63.064(1) and 63.032 . . . Section 63.032(12), Florida Statutes (2005), provides that “ ‘[p]arent’ has the same meaning as ascribed . . .

S. D. T. In T. a v. BUNDLE OF HOPE MINISTRIES, INC., 949 So. 2d 1132 (Fla. Dist. Ct. App. 2007)

. . . 22, 2005, the appellee, Bundle of Hope Ministries, Inc., the “adoption entity” as defined in section 63.032 . . .

In ADOPTION OF BABY A. a A. S. v. A. S. v., 944 So. 2d 380 (Fla. Dist. Ct. App. 2006)

. . . Rather, section 63.032(12) states that the word “parent” as used in chapter 63 “has the same meaning . . . See § 63.032(1) (defining abandonment in pertinent part as "a situation in which the parent or person . . .

B. B. J. M. a v. P. J. M. K. M., 933 So. 2d 57 (Fla. Dist. Ct. App. 2006)

. . . See § 63.032(19), Fla. . . .

M. A. F. D. P. F. M. R. F. v. E. J. S. D. P. F. M. R. F., 917 So. 2d 236 (Fla. Dist. Ct. App. 2005)

. . . person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032 . . . , the court may consider the conduct of a father towards the child’s mother during her pregnancy. § 63.032 . . . See § 63.032(1), Fla. Stat. (2004). . . .

In S. N. W. a LLC, v. S. C. W., 912 So. 2d 368 (Fla. Dist. Ct. App. 2005)

. . . pursuant to section 63.202, Florida Statutes (2004), and therefore an adoption entity pursuant to section 63.032 . . . Pursuant to section 63.032(7), the term “court” when used in chapter 63 adoption proceedings means “any . . .

J. S. V. B. v. S. A. J. A., 912 So. 2d 650 (Fla. Dist. Ct. App. 2005)

. . . An “adoption entity” is defined in section 63.032 as: [Tjhe department, an agency, a child-caring agency . . . child-placing agency licensed by the department pursuant to s. 63.202 to place minors for adoption.” § 63.032 . . . the child, and includes all actions by any person or adoption entity participating in the process. § 63.032 . . . , the court may consider the conduct of a father towards the child’s mother during her pregnancy. § 63.032 . . . See E.A.W, 658 So.2d at 967; Matter of Adoption of Doe, 543 So.2d 741 (Fla.1989); see also § 63.032(1 . . .

I. B. D. B. T. T. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 876 So. 2d 581 (Fla. Dist. Ct. App. 2004)

. . . in accordance with this chapter, the department may place the child with an agency as defined in s. 63.032 . . .

LOFTON, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, H. R. S. XI X, 358 F.3d 804 (11th Cir. 2004)

. . . . § 63.032(2). . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. B. Y., 863 So. 2d 418 (Fla. Dist. Ct. App. 2003)

. . . in accordance with this chapter, the department many place the child with an agency as defined in s. 63.032 . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- STEPPARENT ADOPTION FORMS, 832 So. 2d 684 (Fla. 2002)

. . . The birth parent abandoned the child(ren) as defined in s. 63.032. _ d. . . .

M. M. v. ADOPTION OF J. T. M. a, 821 So. 2d 1134 (Fla. Dist. Ct. App. 2002)

. . . Section 63.032(14), Florida Statutes (2000), defines abandonment as: A situation in which the parent . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- STEPPARENT ADOPTION FORMS, 821 So. 2d 263 (Fla. 2002)

. . . The birth parent abandoned the child(ren) as defined in s. 63.032. ___ d. . . .

DEPARTMENT OF HEALTH, OFFICE OF VITAL STATISTICS, v. ADOPTION OF GILLI,, 746 So. 2d 1172 (Fla. Dist. Ct. App. 1999)

. . . . § 63.032(3), Fla. Stat. (1997). However, that is not the question. . . .

SCHWARZ, v. PURCELL,, 730 So. 2d 851 (Fla. Dist. Ct. App. 1999)

. . . trial court’s conclusion that the birth mother did not abandon her minor child as defined by section 63.032 . . .

G. T. v. ADOPTION OF A. E. T., 725 So. 2d 404 (Fla. Dist. Ct. App. 1999)

. . . The term “abandoned” is defined in § 63.032(14): “Abandoned” means a situation in which the parent or . . . involves a “situation ... sufficient to evince a willful rejection of parental obligations,” section 63.032 . . . agree with the trial judge that the evidence in this case established an abandonment under Section 63.032 . . .

W. T. J. K. A. R. a v. E. W. R. K. A. R. a, 721 So. 2d 723 (Fla. 1998)

. . . finding that appellant’s conduct constituted abandonment of his minor child within the meaning of section 63.032 . . . See § 63.032(10), Fla. Stat. (1995). . . . See id. § 63.032(14); In re Baby E.A.W., 658 So.2d 961 (Fla.1995); In re Adoption of Doe, 543 So.2d 741 . . . Section 63.032(14), Florida Statutes (1995), which defines abandonment, authorizes a trial court making . . . B.W., a case which predates section 63.032(14), Florida Statutes (1995), and our opinions in Doe and . . .

E. W. R. K. A. R. A v. W. T. J. K. A. R. A, 702 So. 2d 1343 (Fla. Dist. Ct. App. 1997)

. . . finding that appellant’s conduct constituted abandonment of his minor child within the meaning of section 63.032 . . .

In ADOPTION OF L. H. W. a C. E. G. v. S. W. T. J. W., 695 So. 2d 1260 (Fla. Dist. Ct. App. 1997)

. . . court indicated grounds to find that he had abandoned the child pursuant to sections 63.072(1) and 63.032 . . .

C. S. J. S. v. S. H. K. H., 671 So. 2d 260 (Fla. Dist. Ct. App. 1996)

. . . See also §§ 63.032, 63.052(1), 63.082. . . .

In ADOPTION OF BABY E. A. W. G. W. B. v. J. S. W., 658 So. 2d 961 (Fla. 1995)

. . . question as one of great public importance: IN MAKING A DETERMINATION OF ABANDONMENT AS DEFINED BY SECTION 63.032 . . . Section 63.032(14), Florida Statutes (Supp.1992), allows a court to consider the father’s conduct toward . . . We thus de-eide whether section 63.032(14) allows a trial court to consider lack of emotional support . . . After Doe, the Legislature amended section 63.032 to define abandonment. . . . .” § 63.032(14), Fla.Stat. (Supp.1992) (emphasis added). . . . First, it leads me to disagree with the majority’s interpretation of section 63.032(14), Florida Statutes . . .

RUSHING, a v. E. BOSSE, R. P. A., 652 So. 2d 869 (Fla. Dist. Ct. App. 1995)

. . . See §§ 63.022(1), 63.022(2)(/), 63.032(11), 63.062(l)(c), 63.092(1), 63.092(3)(a)4„ 63.142(4), 63.162 . . .

In ADOPTION OF BABY E. A. W. G. W. B. v. J. S. W. M. F. W. R. E. A. W., 647 So. 2d 918 (Fla. Dist. Ct. App. 1994)

. . . The term “abandoned” is defined in section 63.032(14), Florida Statutes (1992), and provides, inter alia . . . great public importance the following: IN MAKING A DETERMINATION OF ABANDONMENT AS DEFINED BY SECTION 63.032 . . . The statute, section 63.032(14), Florida Statutes (1993), defines abandonment as a “situation ... sufficient . . . Section 63.032(14) says that, in determining whether there has been an abandonment, the court “may consider . . . definition set forth in subsection 39.01(1), and subsequently engrafted by the legislature into subsection 63.032 . . . the child, which situation is sufficient to evince a willful rejection of parental obligations.... § 63.032 . . .

TRUE LIFE CHOICE, INC. H. J. F. Jr. K. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA Lt. Jr. J. II,, 914 F. Supp. 507 (M.D. Fla. 1994)

. . . Florida Administrative Code, “no person or agency, other than an intermediary as defined in Chapter 63.032 . . .

J. BARNBY, v. AN ADOPTION,, 640 So. 2d 1244 (Fla. Dist. Ct. App. 1994)

. . . . §§ 63.032(8)-.212(1)(c), Fla.Stat. (1993). . . . .

In ADOPTION K. M. C., 606 So. 2d 1262 (Fla. Dist. Ct. App. 1992)

. . . See § 63.032(8), Fla.Stat. . . .

In ADOPTION OF A MINOR CHILD, 593 So. 2d 185 (Fla. 1991)

. . . petition for adoption of the deceased parent’s child an intermediary within the definition of section 63.032 . . . this case, we find the relative’s attorney was not an intermediary within the definition of section 63.032 . . . Section 63.032(8), Florida Statutes, (1987), defines “intermediary" as an attorney or physician who is . . . The grandparents argue that the plain meaning of section 63.032(8) defines intermediary as any attorney . . . It appears that in providing a definition of intermediary in section 63.032(8), Florida Statutes (1987 . . .

In ADOPTION A MINOR CHILD, 570 So. 2d 340 (Fla. Dist. Ct. App. 1990)

. . . petition for adoption of the deceased parent’s child an intermediary within the definition of section 63.032 . . . An “intermediary” is defined in section 63.032(8), Florida Statutes (1987): Intermediary means an attorney . . . Section 63.032(9), Florida Statutes states: (a) “To place” or “placement” means the process of a person . . .

In M. BROD, v. MATTER OF AN ADOPTION,, 522 So. 2d 973 (Fla. Dist. Ct. App. 1988)

. . . Section 63.032(8) defines “intermediary:” “Intermediary” means an attorney or physician who is licensed . . . Section 63.032(9) defines “placement:” “To place” or “placement” means the process of giving or transferring . . .

EVERGREEN SOD FARMS, INC. v. McCLENDON,, 513 So. 2d 1311 (Fla. Dist. Ct. App. 1987)

. . . We note that section 63.032(10) defines “adoption” to mean “the act of creating the legal relationship . . .

BEARD v. HAMILTON, 512 So. 2d 1088 (Fla. Dist. Ct. App. 1987)

. . . case the minor child was not placed, for adoption under chapter 63 as the term is defined in section 63.032 . . .

In ESTATE OF KANEVSKY, KAY, v. SWARTZ,, 506 So. 2d 1101 (Fla. Dist. Ct. App. 1987)

. . . . § 63.032(2), the Legislature made it clear in the Adoption Act that the exception applies whether the . . .

STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. FRIENDS OF CHILDREN, INC., 653 F. Supp. 1221 (N.D. Fla. 1986)

. . . Florida Statutes § 63.032(9). . . . has also implicitly recognized that home studies are not a part of placement as defined by Section 63.032 . . . Fla.Stat. § 63.032(7). . . . However, Section 63.032 also states that the definition need not apply if “the context otherwise requires . . . Fla.Stat. § 63.032. . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. NATIONAL ADOPTION COUNSELING SERVICE, INC., 498 So. 2d 888 (Fla. 1986)

. . . person or agency, other than a parent or legal guardian of the child or an intermediary as defined in s. 63.032 . . .

NATIONAL ADOPTION COUNSELING SERVICE, INC. v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 480 So. 2d 250 (Fla. Dist. Ct. App. 1985)

. . . National and Gittelman are not a licensed child-placing agency or intermediary as defined in section 63.032 . . . “Intermediary” is defined in section 63.032(8) as an attorney or physician licensed or authorized to . . .

In L. A. C. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. CASTAGNINO,, 429 So. 2d 102 (Fla. Dist. Ct. App. 1983)

. . . The problem with this argument is that section 63.032(9), Florida Statutes (1981), defines placement . . .

ADOPTION HOT LINE, INC. v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, XI, B., 402 So. 2d 1307 (Fla. Dist. Ct. App. 1981)

. . . determined that Adoption Hot Line was acting in the capacity of an intermediary as defined by Section 63.032 . . .