The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.0427

63.0427 Agreements for continued communication or contact between adopted child and siblings, parents, and other relatives.—

(1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to s. 39.811, and who is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, written correspondence, or telephone calls, with his or her siblings or, upon agreement of the adoptive parents, with the parents who have had their parental rights terminated or other specified biological relatives. The court shall consider the following in making such determination:

(a) Any orders of the court pursuant to s. 39.811(7).

(b) Recommendations of the department, the foster parents if other than the adoptive parents, and the guardian ad litem.

(d) Any other information deemed relevant and material by the court.

If the court determines that the child’s best interests will be served by postadoption communication or contact, the court shall so order, stating the nature and frequency of the communication or contact. This order shall be made a part of the final adoption order, but the continuing validity of the adoption may not be contingent upon such postadoption communication or contact and the ability of the adoptive parents and child to change residence within or outside the State of Florida may not be impaired by such communication or contact.

(2) Notwithstanding s. 63.162, the adoptive parent may, at any time, petition for review of a communication or contact order entered pursuant to subsection (1), if the adoptive parent believes that the best interests of the adopted child are being compromised, and the court may order the communication or contact to be terminated or modified, as the court deems to be in the best interests of the adopted child; however, the court may not increase contact between the adopted child and siblings, birth parents, or other relatives without the consent of the adoptive parent or parents. As part of the review process, the court may order the parties to engage in mediation. The department shall not be required to be a party to such review.

History.—s. 3, ch. 98-50; s. 24, ch. 99-2; s. 52, ch. 99-193; s. 11, ch. 2001-3; s. 7, ch. 2003-58; s. 7, ch. 2012-81.

F.S. 63.0427 on Google Scholar

F.S. 63.0427 on Casetext

Amendments to 63.0427

Arrestable Offenses / Crimes under Fla. Stat. 63.0427

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.0427.

Annotations, Discussions, Cases:

Cases from cite.case.law:

S. J. I. J. M. W. D. B. v. W. L. L. L., 755 So. 2d 753 (Fla. Dist. Ct. App. 2000)

. . . On the other hand, section 63.0427 also provides that: “A child ... who is the subject of a petition . . . or telephone calls, with his or her siblings who are not included in the petition for adoption.” § 63.0427 . . . I think that section 63.0427 carries over a corresponding interest of the adopted child’s siblings to . . . Thus, I construe section 63.0427 to create an associational interest among biological siblings, at least . . . many words to “provide a basis for legal standing,” that same construction cannot be said of section 63.0427 . . . Given the adopted minor’s statutory right under section 63.0427 to “have the court consider the appropriateness . . .