Florida Statute 63.53 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.053

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.

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Amendments to 63.053

Annotations, Discussions, Cases:

Cases Citing Statute 63.053

Total Results: 13

Heart of Adoptions, Inc. v. JA

963 So. 2d 189, 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2371655

Cited 134 times | Published

further legislative findings are contained in section 63.053(2), Florida Statutes (2005): The Legislature

Js v. Sa

912 So. 2d 650, 2005 WL 2292311

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1755682

Cited 7 times | Published

of uncertain security and love." She cited section 63.053, Florida Statutes (2004), which provides: 63

In Re Adoption of Baby A.

944 So. 2d 380, 2006 WL 2033896

District Court of Appeal of Florida | Filed: Jul 21, 2006 | Docket: 1649311

Cited 3 times | Published

rights are "inchoate" is further explained in section 63.053. That statute explains: (1) In enacting the

Bb v. Pjm

933 So. 2d 57, 2006 WL 1373243

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 1712103

Cited 3 times | Published

provisions of this chapter. (Emphasis added.) Section 63.053 states, (1) In enacting the provisions contained

K.H. v. Children's Home Society

120 So. 3d 104, 2013 WL 4080917, 2013 Fla. App. LEXIS 12729

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233867

Cited 2 times | Published

legal steps to substantiate a parental interest.” § 63.053(1), Fla. Stat. (2012). A putative father does

D.S. v. J.L.

18 So. 3d 1103, 2009 Fla. App. LEXIS 11046

District Court of Appeal of Florida | Filed: Aug 10, 2009 | Docket: 60251962

Cited 2 times | Published

full commitment to his parental responsibilities. § 63.053(2). These provisions indicate an interest on the

Ds v. Jl

18 So. 3d 1103, 2009 WL 2424306

District Court of Appeal of Florida | Filed: Aug 10, 2009 | Docket: 1640592

Cited 2 times | Published

full commitment to his parental responsibilities. § 63.053(2). These provisions indicate an interest on the

AFL v. Dept. of Children and Families

927 So. 2d 101, 2006 WL 941803

District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 1765512

Cited 2 times | Published

purpose behind the registry is set out under section 63.053. That section provides: (1) In enacting the

J.S. v. S.A.

912 So. 2d 650, 2005 Fla. App. LEXIS 14744

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840646

Cited 1 times | Published

of uncertain security and love.” She cited section 63.053, Florida Statutes (2004), which provides: 63

Kemp & Associates, Inc. v. Chisholm

162 So. 3d 172, 2015 Fla. App. LEXIS 1555, 2015 WL 477856

District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 60247438

Published

legal steps to substantiate a parental interest.” § 63.053(1), Fla. Stat. (2014). .We also note that Mr

J.A. v. Heart of Adoptions, Inc.

981 So. 2d 471, 2007 Fla. App. LEXIS 4545

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 64854826

Published

based on a legislative finding set forth in section 63.053(2): The Legislature finds that the interests

In Re Baby H.

981 So. 2d 471, 2007 WL 914676

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 467860

Published

based on a legislative finding set forth in section 63.053(2): The Legislature finds that the interests

B.B. v. P.J.M.

933 So. 2d 57, 2006 Fla. App. LEXIS 8011

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 64845699

Published

provisions of this chapter. (Emphasis added.) Section 63.053 states, (1) In enacting the provisions contained