Florida Statute 63.062 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.062

63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue.—

(1) Unless supported by one or more of the grounds enumerated under s. 63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088 to:

(a) The mother of the minor.

(b) The father of the minor, if:

1. The minor was conceived or born while the father was married to the mother;

2. The minor is his child by adoption;

3. The minor has been adjudicated by the court to be his child before the date a petition for termination of parental rights is filed;

4. He has filed an affidavit of paternity pursuant to s. 382.013(2)(c) or he is listed on the child’s birth certificate before the date a petition for termination of parental rights is filed; or

5. In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of subsection (2).

The status of the father shall be determined at the time of the filing of the petition to terminate parental rights and may not be modified, except as otherwise provided in s. 63.0423(9)(a), for purposes of his obligations and rights under this chapter by acts occurring after the filing of the petition to terminate parental rights.

(c) The minor, if 12 years of age or older, unless the court in the best interest of the minor dispenses with the minor’s consent.

(d) Any person lawfully entitled to custody of the minor if required by the court.

(e) The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor does not have authority to consent to the adoption.

(2) In accordance with subsection (1), the consent of an unmarried biological father shall be necessary only if the unmarried biological father has complied with the requirements of this subsection.

(a)1. With regard to a child who is placed with adoptive parents more than 6 months after the child’s birth, an unmarried biological father must have developed a substantial relationship with the child, taken some measure of responsibility for the child and the child’s future, and demonstrated a full commitment to the responsibilities of parenthood by providing reasonable and regular financial support to the child in accordance with the unmarried biological father’s ability, if not prevented from doing so by the person or authorized agency having lawful custody of the child, and either:

a. Regularly visited the child at least monthly, when physically and financially able to do so and when not prevented from doing so by the birth mother or the person or authorized agency having lawful custody of the child; or

b. Maintained regular communication with the child or with the person or agency having the care or custody of the child, when physically or financially unable to visit the child or when not prevented from doing so by the birth mother or person or authorized agency having lawful custody of the child.

2. An unmarried biological father who openly lived with the child for at least 6 months within the 1-year period following the birth of the child and immediately preceding placement of the child with adoptive parents and who openly held himself out to be the father of the child during that period shall be deemed to have developed a substantial relationship with the child and to have otherwise met the requirements of this paragraph.

(b) With regard to a child who is 6 months of age or younger at the time the child is placed with the adoptive parents, an unmarried biological father must have demonstrated a full commitment to his parental responsibility by having performed all of the following acts prior to the time the mother executes her consent for adoption:

1. Filed a notarized claim of paternity form with the Florida Putative Father Registry within the Office of Vital Statistics of the Department of Health, which form shall be maintained in the confidential registry established for that purpose and shall be considered filed when the notice is entered in the registry of notices from unmarried biological fathers.

2. Upon service of a notice of an intended adoption plan or a petition for termination of parental rights pending adoption, executed and filed an affidavit in that proceeding stating that he is personally fully able and willing to take responsibility for the child, setting forth his plans for care of the child, and agreeing to a court order of child support and a contribution to the payment of living and medical expenses incurred for the mother’s pregnancy and the child’s birth in accordance with his ability to pay.

3. If he had knowledge of the pregnancy, paid a fair and reasonable amount of the living and medical expenses incurred in connection with the mother’s pregnancy and the child’s birth, in accordance with his financial ability and when not prevented from doing so by the birth mother or person or authorized agency having lawful custody of the child. The responsibility of the unmarried biological father to provide financial assistance to the birth mother during her pregnancy and to the child after birth is not abated because support is being provided to the birth mother or child by the adoption entity, a prospective adoptive parent, or a third party, nor does it serve as a basis to excuse the birth father’s failure to provide support.

(c) The mere fact that a father expresses a desire to fulfill his responsibilities towards his child which is unsupported by acts evidencing this intent does not meet the requirements of this section.

(d) The petitioner shall file with the court a certificate from the Office of Vital Statistics stating that a diligent search has been made of the Florida Putative Father Registry of notices from unmarried biological fathers described in subparagraph (b)1. and that no filing has been found pertaining to the father of the child in question or, if a filing is found, stating the name of the putative father and the time and date of filing. That certificate shall be filed with the court prior to the entry of a final judgment of termination of parental rights.

(e) An unmarried biological father who does not comply with each of the conditions provided in this subsection is deemed to have waived and surrendered any rights in relation to the child, including the right to notice of any judicial proceeding in connection with the adoption of the child, and his consent to the adoption of the child is not required.

(3) Pursuant to chapter 48, an adoption entity shall serve a notice of intended adoption plan upon any known and locatable unmarried biological father who is identified to the adoption entity by the mother by the date she signs her consent for adoption if the child is 6 months of age or less at the time the consent is executed. Service of the notice of intended adoption plan is not required when the unmarried biological father signs a consent for adoption or an affidavit of nonpaternity or when the child is more than 6 months of age at the time of the execution of the consent by the mother. The notice may be served at any time before the child’s birth or before placing the child in the adoptive home. The recipient of the notice may waive service of process by executing a waiver and acknowledging receipt of the plan. The notice of intended adoption plan must specifically state that if the unmarried biological father desires to contest the adoption plan he must, within 30 days after service, file with the court a verified response that contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2. and a claim of paternity form with the Office of Vital Statistics, and must provide the adoption entity with a copy of the verified response filed with the court and the claim of paternity form filed with the Office of Vital Statistics. The notice must also include instructions for submitting a claim of paternity form to the Office of Vital Statistics and the address to which the claim must be sent. If the party served with the notice of intended adoption plan is an entity whose consent is required, the notice must specifically state that the entity must file, within 30 days after service, a verified response setting forth a legal basis for contesting the intended adoption plan, specifically addressing the best interests of the child.

(a) If the unmarried biological father or entity whose consent is required fails to timely and properly file a verified response with the court and, in the case of an unmarried biological father, a claim of paternity form with the Office of Vital Statistics, the court shall enter a default judgment against the unmarried biological father or entity and the consent of that unmarried biological father or entity shall no longer be required under this chapter and shall be deemed to have waived any claim of rights to the child. To avoid an entry of a default judgment, within 30 days after receipt of service of the notice of intended adoption plan:

1. The unmarried biological father must:

a. File a claim of paternity with the Florida Putative Father Registry maintained by the Office of Vital Statistics;

b. File a verified response with the court which contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2.; and

c. Provide support for the birth mother and the child.

2. The entity whose consent is required must file a verified response setting forth a legal basis for contesting the intended adoption plan, specifically addressing the best interests of the child.

(b) If the mother identifies a potential unmarried biological father within the timeframes required by the statute, whose location is unknown, the adoption entity shall conduct a diligent search pursuant to s. 63.088. If, upon completion of a diligent search, the potential unmarried biological father’s location remains unknown and a search of the Florida Putative Father Registry fails to reveal a match, the adoption entity shall request in the petition for termination of parental rights pending adoption that the court declare the diligent search to be in compliance with s. 63.088, that the adoption entity has no further obligation to provide notice to the potential unmarried biological father, and that the potential unmarried biological father’s consent to the adoption is not required.

(4) Any person whose consent is required under paragraph (1)(b), or any other man, may execute an irrevocable affidavit of nonpaternity in lieu of a consent under this section and by doing so waives notice to all court proceedings after the date of execution. An affidavit of nonpaternity must be executed as provided in s. 63.082. The affidavit of nonpaternity may be executed prior to the birth of the child. The person executing the affidavit must receive disclosure under s. 63.085 prior to signing the affidavit. For purposes of this chapter, an affidavit of nonpaternity is sufficient if it contains a specific denial of parental obligations and does not need to deny the existence of a biological relationship.

(5) A person who signs a consent to adoption or an affidavit of nonpaternity must be given reasonable notice of his or her right to select a person who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents to be present when the consent to adoption or affidavit of nonpaternity is executed and to sign the consent or affidavit as a witness.

(6) The petitioner must make good faith and diligent efforts as provided under s. 63.088 to notify, and obtain written consent from, the persons required to consent to adoption under this section.

(7) If parental rights to the minor have previously been terminated, the adoption entity with which the minor has been placed for subsequent adoption may provide consent to the adoption. In such case, no other consent is required. If the minor has been permanently committed to the department for subsequent adoption, the department must consent to the adoption or the court order finding that the department unreasonably denied the application to adopt entered under s. 39.812(4) must be attached to the petition to adopt, and the petitioner must file with the court a favorable preliminary adoptive home study as required under s. 63.092.

(8) A petition to adopt an adult may be granted if:

(a) Written consent to adoption has been executed by the adult and the adult’s spouse, if any, unless the spouse’s consent is waived by the court for good cause.

(b) Written notice of the final hearing on the adoption has been provided to the parents, if any, or proof of service of process has been filed, showing notice has been served on the parents as provided in this chapter.

(9) A petition for termination of parental rights must be filed in the appropriate county as determined under s. 63.087(2). If a parent whose consent is required objects to venue in the county where the action was filed, the court may transfer venue to a proper venue consistent with this chapter and chapter 47 unless the objecting parent has previously executed a waiver of venue.

(10) The waiver of venue must be a separate document containing no consents, disclosures, or other information unrelated to venue.

History.—s. 6, ch. 73-159; s. 4, ch. 75-226; s. 16, ch. 77-147; s. 1, ch. 77-446; s. 6, ch. 92-96; s. 11, ch. 95-280; s. 84, ch. 97-237; s. 13, ch. 2001-3; s. 12, ch. 2003-58; s. 2, ch. 2004-389; s. 3, ch. 2006-265; s. 8, ch. 2008-151; s. 11, ch. 2012-81; s. 9, ch. 2024-177.

F.S. 63.062 on Google Scholar

F.S. 63.062 on Casetext

Amendments to 63.062

Arrestable Offenses / Crimes under Fla. Stat. 63.062

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.062.

Annotations, Discussions, Cases:

Cases Citing Statute 63.062

Total Results: 20

T.R.-B. v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-25T23:53:00-08:00

Snippet: petitioner requested that, pursuant to section 63.062(7), Florida Statute (2021), the trial court find…the petition, unless waived pursuant to section 63.062(7).” See also § 39.812(5). The court shall waive… favorable preliminary adoptive home study.” § 63.062(7), Fla. Stat. (2021). Rule 8.535(d) of

V.R., GRANDPARENT v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-15T00:53:00-07:00

Snippet: reasons. First, the court examined section 63.062(1)(a) and noted that the mother was “the first …adoption of the child would be required under s. 63.062(1).” § 63.032(12), Fla. Stat. (2021). The statute

C.G. and C.G. v. R.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-12T00:53:00-07:00

Snippet: whose consent to adoption is required under s. 63.062: 4

J. S. H. v. DEPT. OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-03T00:53:00-07:00

Snippet: 2d 305, 307 (Fla. 1993). 2See § 63.062(2)(b)(1), Fla. Stat. (2015).

GIFT OF LIFE ADOPTIONS, INC. v. S. R. B.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-27T00:53:00-07:00

Snippet: comply with the statutory requirements of sections 63.062(2)(b)(2) and (3)(a), Florida Statutes (2017), …putative father complies with the statute [section 63.062], he has no constitutionally-protected right to

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms - 12.913(A)(3)

Court: Fla. | Date Filed: 2018-06-21T00:53:00-07:00

Snippet: requirements of section 63.062(2), Florida Statutes; and  Any

In RE: AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS-12.913(A)(3).

Court: Fla. | Date Filed: 2018-06-21T00:00:00-07:00

Citation: 246 So. 3d 1131

Snippet: and has complied with the requirements of section 63.062(2), Florida Statutes; and • Any person lawfully

S.M.K. v. S.L.E.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-02T00:00:00-08:00

Citation: 238 So. 3d 925

Snippet: O.R.K. ("Child"), pursuant to section 63.062(2), Florida Statutes (2016). The trial court found…'s consent unnecessary pursuant to section 63.062(2), Florida Statutes (2016), and finding that Father…commitment" to being a parent to Child. Section 63.062(1) provides that the consent of certain persons…before an adoption petition may be granted. See § 63.062(1), Fla. Stat. (2016). Nonetheless, a finding of…consent requirement of any persons under section 63.062(1). See id. § 63.089(3)-(4); see also J.C.J. v.

S.M.K. v. S.L.E.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-25T23:53:00-08:00

Snippet: adoption of O.R.K. (“Child”), pursuant to section 63.062(2), Florida Statutes (2016). The trial court found…Father’s consent unnecessary pursuant to section 63.062(2), Florida Statutes (2016), and finding that …commitment” to being a parent to Child. Section 63.062(1) provides that the consent of certain persons…before an adoption petition may be granted. See § 63.062(1), Fla. Stat. (2016). Nonetheless, a finding …consent requirement of any persons under section 63.062(1). See id. § 63.089(3)–(4); see also J.C.J. v.

In RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2017 REGULAR-CYCLE REPORT

Court: Fla. | Date Filed: 2017-10-05T00:00:00-07:00

Citation: 227 So. 3d 115, 2017 WL 4416328

Snippet: rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing

Children's Home Society of Florida v. V.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-28T00:00:00-07:00

Citation: 188 So. 3d 920, 2016 Fla. App. LEXIS 4700, 2016 WL 1178018

Snippet: in interpreting the governing statute, section 63.062(3) of the Florida Statutes, which provides in pertinent…conduct a diligent search pursuant to s. 63.088., § 63.062(3), (3)(b), Fla. Stat. (2015) (emphasis added).…she signs her consent for adoption.” Id. at *922§ 63.062(3). Likewise, the statute does not require the …timeframes required-by the statute.” Id. - at § 63.062(3)(b). The “timeframes required by the statute”…biological father to establish parental rights); 63.062(3) (concerning mother’s identification of knQwn

Department of Children & Families v. Statewide Guardian Ad Litem Program

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-29T00:00:00-08:00

Citation: 186 So. 3d 1084, 2016 Fla. App. LEXIS 2968, 2016 WL 869317

Snippet: In such case, no other consent is required.” § 63.062(7), Fla. Stat. (2015). However, “[t]he consent …Department unreasonably withheld its consent. See § 63.062(7), Fla. Stat.; see also B.Y., 887 So.2d at 1256

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

Court: Fla. | Date Filed: 2015-11-19T00:00:00-08:00

Citation: 205 So. 3d 1, 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

Snippet: refer to Chapter 63, Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular. …and has complied with the requirements of section 63.062(2), Florida Statutes. Determining whether …refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular. This form should be

A.S., the Father v. Department of Children & Families, J.A., and Guardian Ad Litem Program

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-01T00:00:00-07:00

Citation: 162 So. 3d 335, 2015 Fla. App. LEXIS 4764

Snippet: adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term…status falls within the terms of s. 39.503(1) or s. 63.062(1). § 39.01(49), Fla. Stat. (2014) (emphasis…falls within the terms of sections 39.503(1) or 63.062(1). 4 See Heart of Adoptions, Inc.…rights. Neither section 39.503(1) nor section 63.062(1) is applicable to the instant case, and there…dependency petition has been filed. Section 63.062(1), Florida Statutes (2014), lists persons who

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This…and has complied with the requirements of section 63.062(2), Florida Statutes. Determining whether…refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular. This form should be typed

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:00:00-07:00

Citation: 173 So. 3d 19

Snippet: refer to Chapter 63, Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular. This form…and has complied with the requirements of section 63.062(2), Florida Statutes. Determining whether someone…refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular. This form should be typed

Makaros v. Cichocki

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-13T00:00:00-07:00

Citation: 159 So. 3d 957, 2015 Fla. App. LEXIS 3584, 2015 WL 1071067

Snippet: . Nor was her consent required. See generally § 63.062, Fla. Stat. (2012). Father, who had sole “custody

Kemp & Associates, Inc. v. Chisholm

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-06T00:00:00-08:00

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

Snippet: his. inchoate due process rights. See §§ 63.054, 63.062, Fla. Stat. (2010). An unwed father obtains a protected…children and supported them for many years. See § 63.062(1 (b)(4)-(5), Florida Statutes (effective July

D.M.T. v. T.M.H.

Court: Fla. | Date Filed: 2013-11-07T00:00:00-08:00

Citation: 129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Snippet: adoption of the child would be required under s. 63.062(1),” and section 63.032(12), Florida Statutes, …adoption of the child would be required under s. 63.062(1).” See also § 382.002(11), Fla. Stat. (“ ‘Live

K.H. v. Children's Home Society

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-14T00:00:00-07:00

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

Snippet: Plan with the trial court. As required by section 63.062(3), Florida Statutes (2012), CHS served the putative… being served; 3) his obligations under section 63.062(2)(b), Florida Statutes, including his obligation…otherwise comply with the requirements of section 63.062(2)(b)(2), Florida Statutes (2012). After the putative…supported the child.” Id. (emphasis added).2 Sections 63.062(2)(b) & (3)(a) delineate the steps that a putative…provide support for the birth mother and child. § 63.062(2)(b), (3)(a), Fla. Stat. (2012). “If an unmarried