63.053
Rights and responsibilities of an unmarried biological father; legislative findings.
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63.053 Rights and responsibilities of an unmarried biological father; legislative findings.—
(1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining whether an unmarried biological father’s actions are sufficiently prompt and substantial so as to require protection of a constitutional right. If an unmarried biological father fails to take the actions that are available to him to establish a relationship with his child, his parental interest may be lost entirely, or greatly diminished, by his failure to timely comply with the available legal steps to substantiate a parental interest.
(2) The Legislature finds that the interests of the state, the mother, the child, and the adoptive parents described in this chapter outweigh the interest of an unmarried biological father who does not take action in a timely manner to establish and demonstrate a relationship with his child in accordance with the requirements of this chapter. An unmarried biological father has the primary responsibility to protect his rights and is presumed to know that his child may be adopted without his consent unless he strictly complies with this chapter and demonstrates a prompt and full commitment to his parental responsibilities.
(3) The Legislature finds that a birth mother and a birth father have a right of privacy.
History.—s. 10, ch. 2003-58; s. 9, ch. 2012-81.
Notes of Decisions
Cited in 13
cases, 2005–2015 · leading case: Heart of Adoptions, Inc. v. JA
Heart of Adoptions, Inc. v. JA (2007)
“This intent is also evidenced in section 63.053(1), Florida Statutes (2005), which provides that an unmarried biological father's "parental interest may be lost entirely, or greatly diminished, by his failure to timely comply with the legal steps to substantiate a parental…”
In Re Adoption of Baby A. (2006)
“The legislature's theory that an unmarried biological father's constitutional rights are "inchoate" is further explained in section 63.053. That statute explains: (1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining…”
J.S. v. S.A. (2005)
“” She cited section 63.053, Florida Statutes (2004), which provides: 63.”
K.H. v. Children's Home Society (2013)
“” § 63.053(1), Fla. Stat. (2012). A putative father does not have a complete and absolute parental right; he has only “an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood .”
AFL v. Dept. of Children and Families (2006)
“The purpose behind the registry is set out under section 63.053. That section provides: (1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining whether an unmarried biological father's actions are sufficiently prompt…”
B.B. v. P.J.M. (2006)
“) Section 63.053 states, (1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining whether an unmarried biological father’s actions are sufficiently prompt and substantial so as to require protection of a constitutional…”
D.S. v. J.L. (2009)
“§ 63.053(2). These provisions indicate an interest on the part of the Legislature in the timely and unequivocal assumption of full parental responsibility by biological fathers.”
J.A. v. Heart of Adoptions, Inc. (2007)
“The provision with respect to the waiver and surrender of the rights of unmarried biological fathers is based on a legislative finding set forth in section 63.053(2): The Legislature finds that the interests of the state, the mother, the child, and the adoptive parents described…”
Js v. Sa (2005)
“" She cited section 63.053, Florida Statutes (2004), which provides: 63.”
In Re Baby H. (2007)
“The provision with respect to the waiver and surrender of the rights of unmarried biological fathers is based on a legislative finding set forth in section 63.053(2): The Legislature finds that the interests of the state, the mother, the child, and the adoptive parents described…”
Ds v. Jl (2009)
“§ 63.053(2). These provisions indicate an interest on the part of the Legislature in the timely and unequivocal assumption of full parental responsibility by biological fathers.”
Bb v. Pjm (2006)
“) Section 63.053 states, (1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining whether an unmarried biological father's actions are sufficiently prompt and substantial so as to require protection of a constitutional…”
— 63.053(1) — 3 cases
Heart of Adoptions, Inc. v. JA (2007)
“This intent is also evidenced in section 63.053(1), Florida Statutes (2005), which provides that an unmarried biological father's "parental interest may be lost entirely, or greatly diminished, by his failure to timely comply with the legal steps to substantiate a parental…”
K.H. v. Children's Home Society (2013)
“” § 63.053(1), Fla. Stat. (2012). A putative father does not have a complete and absolute parental right; he has only “an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood .”
— 63.053(2) — 5 cases
Heart of Adoptions, Inc. v. JA (2007)
“This intent is also evidenced in section 63.053(1), Florida Statutes (2005), which provides that an unmarried biological father's "parental interest may be lost entirely, or greatly diminished, by his failure to timely comply with the legal steps to substantiate a parental…”
D.S. v. J.L. (2009)
“§ 63.053(2). These provisions indicate an interest on the part of the Legislature in the timely and unequivocal assumption of full parental responsibility by biological fathers.”
J.A. v. Heart of Adoptions, Inc. (2007)
“The provision with respect to the waiver and surrender of the rights of unmarried biological fathers is based on a legislative finding set forth in section 63.053(2): The Legislature finds that the interests of the state, the mother, the child, and the adoptive parents described…”
In Re Baby H. (2007)
“The provision with respect to the waiver and surrender of the rights of unmarried biological fathers is based on a legislative finding set forth in section 63.053(2): The Legislature finds that the interests of the state, the mother, the child, and the adoptive parents described…”
Ds v. Jl (2009)
“§ 63.053(2). These provisions indicate an interest on the part of the Legislature in the timely and unequivocal assumption of full parental responsibility by biological fathers.”
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