Florida Statutes
Fla. Stat. § 63.053 (2025)
Rights and responsibilities of an unmarried biological father; legislative findings.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 13
cases, 2005–2015 · leading case: Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007).
Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 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., 944 So. 2d 380 (Fla. 2d DCA 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., 912 So. 2d 650 (Fla. 4th DCA 2005). “” She cited section 63.053, Florida Statutes (2004), which provides: 63.”
K.H. v. Child.'s Home Soc'y, 120 So. 3d 104 (Fla. 4th DCA 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 Child. & Families, 927 So. 2d 101 (Fla. 5th DCA 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., 933 So. 2d 57 (Fla. 1st DCA 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., 18 So. 3d 1103 (Fla. 1st DCA 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., 981 So. 2d 471 (Fla. 2d DCA 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, 912 So. 2d 650 (Fla. 4th DCA 2005). “" She cited section 63.053, Florida Statutes (2004), which provides: 63.”
In Re Baby H., 981 So. 2d 471 (Fla. 2d DCA 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, 18 So. 3d 1103 (Fla. 1st DCA 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, 933 So. 2d 57 (Fla. 1st DCA 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, 963 So. 2d 189 (Fla. 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. Child.'s Home Soc'y, 120 So. 3d 104 (Fla. 4th DCA 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 .”
Kemp & Assocs., Inc. v. Chisholm, 162 So. 3d 172 (Fla. 5th DCA 2015).
— 63.053(2) — 5 cases
Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 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., 18 So. 3d 1103 (Fla. 1st DCA 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., 981 So. 2d 471 (Fla. 2d DCA 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., 981 So. 2d 471 (Fla. 2d DCA 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, 18 So. 3d 1103 (Fla. 1st DCA 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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