Florida/Georgia Personal Injury & Workers Compensation

...ho is known or identified by the mother as the potential father and who is locatable by diligent search, may be terminated based on his failure to file a claim with the Florida Putative Father Registry only if the father was served with notice under section 63.062(3)(a), Florida Statutes (2005), and he fails to comply with the requirements of that subsection within the thirty-day period....

...d; that J.A. was not entitled to notice of the petition; and that J.A. was not entitled to object to the termination of his parental rights because he did not qualify as a person required to consent to an adoption under any of the criteria listed in section 63.062(1), Florida Statutes (2005). Specifically, the petition alleged that his consent was not required because J.A. failed to file a claim of paternity form with the Registry and comply with the additional requirements of section 63.062(2), Florida Statutes (2005)....

..."[a] putative father may sign a valid consent for adoption at any time after the birth of the child." § 63.085(1), Fla. Stat. (2005). "Parent" is defined in pertinent part as "a man whose consent to the adoption of the child would be required under s. 63.062(1)." § 39.01(49), Fla....

...in writing at least two times prior to the birth. The stipulated facts further stated that although J.A. "was never presented as a witness nor sworn in as one," he stated that he did not know about the Registry. Counsel for J.A. asserted that under section 63.062(3)(a), Florida Statutes (2005), HOA was required to notify J.A. of the Registry. The trial court rejected the argument that section 63.062(3)(a) required mandatory notice....

...*195 Specifically, we must determine whether the statutory scheme vests the trial court with authority to terminate the parental rights of an alleged unmarried biological father who does not come within the categories of persons required to consent to adoption under section 63.062....

...cement," the right of adoptive children "to permanence and stability in adoptive placements," and the right of adoptive parents "in retaining custody of a legally adopted child." § 63.022(1)(b)-(d), Fla. Stat. (2005). As to the father of the child, section 63.062, Florida Statutes (2005), provides that a father's written consent is required in specific circumstances, including if the child was born or conceived when the father and mother were married. § 63.062(1)(b)(1), Fla....

...onship with his child in accordance with the requirements of this chapter. Accordingly, the Legislature prescribed the actions that an unmarried biological father must take to establish his right to notice of and consent to an adoption. §§ 63.054, 63.062(2), Fla....

...an adoption. § 63.054(1), Fla. Stat. (2005). The claim of paternity is considered untimely if filed after either the date a petition for termination of parental rights is filed, see id., or the date the mother executes her consent for adoption. See § 63.062(2)(b)(1), Fla. Stat. (2005). Section 63.062(2) sets forth additional requirements with which an unmarried biological father must comply in order to preserve his right to notice of and consent to an adoption....

...g 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. § 63.062(2)(b)(2), Fla....

...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." § 63.062(2)(b)(3), Fla. Stat. (2005). Section 63.062(2)(d), Florida Statutes (2005), provides that an unmarried biological father, who does not comply with each of the conditions in the subsection, "is deemed to have waived and surrendered any rights in relation to the child." Section 63.062(3)(a) relates to notice of the intended adoption plan to the unmarried biological father and provides that an adoption agency may serve upon any unmarried biological father identified by the mother or identified by a diligent search of...

...after service upon him" and "must include instructions as to the procedure the unmarried biological father must follow to submit a claim of paternity form to the Office of Vital Statistics and the address to which the registration must be directed." § 63.062(3)(a), Fla....

...father's parental rights. Although we recognize the extensive statutory construction analysis engaged in by the Second District in its previous decision in A.S., we conclude that the Second District disregarded the clear intent of the Legislature in section 63.062(2)(d) that an unmarried biological father who does not comply with the requirements of section 63.062(2) is "deemed to have waived and surrendered any rights in relation to the child." The entire statutory scheme would be frustrated, including the interest in prompt adoption proceedings, if an unmarried biological father could avoid having his parental rights terminated prior to an adoption, even though he failed to comply with the requirements of section 63.062(2)....

...uestion is under what circumstances an adoption entity is required to notify an unmarried biological father of the steps he must take to preserve his ability to either consent or withhold his consent to an adoption. II. Notice of Adoption Plan Under Section 63.062(3) J.A....

...en v. East-European Ins. Co., 921 So.2d 587, 595 (Fla.2006). This is because legislative intent is determined primarily from the statute's text. See Maggio v. Fla. Dep't of Labor & Employment Sec., 899 So.2d 1074, 1076-77 (Fla.2005). As noted above, section 63.062(3)(a) provides that an adoption agency " may serve upon any unmarried biological father identified by the mother or identified by a diligent search of the Florida Putative Father Registry, or upon an entity whose consent is required, a...

...The provision can be read as providing the adoption entity with complete discretion as to whether to serve the unmarried biological father with the adoption plan, accompanied by notice of both the Registry and the required affidavit. This is the reading the Second District adopted in A.S. See 944 So.2d at 385 ("Under section 63.062(3)(a), an adoption agency has the discretion, but not a duty, to notify an unmarried biological father like A.S....

...of the intended adoption. . . ."). However, the provision may also be read as providing the adoption entity discretion only as to the timing of the service of the plan — specifically, up to the time of the placement of the child. Because the phrase "may serve" as used in section 63.062(3)(a) is susceptible to more than one reasonable interpretation, we apply rules of statutory construction to determine the legislative intent behind the provision. The word "may" contained in section 63.062(3)(a) cannot be construed in isolation if to do so would render other sections of the chapter meaningless....

...e related statutory provisions in harmony with one another.'" Woodham v. Blue Cross & Blue Shield, Inc., 829 So.2d 891, 898 (Fla.2002) (quoting Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla.1992)). If the provision of section 63.062(3)(a) regarding service of the adoption plan is construed as entirely discretionary, the provisions of section 63.062(3)(b), Florida Statutes (2005), which indicate that the Legislature intended that the adoption entity locate and provide notice to an unmarried biological father before placement of the child in the adoptive home, would be rendered meaningless. Section 63.062(3)(b) provides that "[i]f the [birth] mother identifies a potential unmarried biological father whose location is unknown, the adoption entity shall conduct a diligent search pursuant to s....

...63.088." (Emphasis supplied.) If an adoption entity is not required to serve the notice of adoption plan on a known, locatable, unmarried biological father, the Legislature's mandate that the adoption entity conduct a diligent search to locate a potential father would be meaningless. More importantly, section 63.062(3)(b) continues: 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 req...

...63.088 and to further declare that the adoption entity shall have no further obligation to provide notice to the potential unmarried biological father and the potential unmarried biological father's consent to the adoption shall not be required. (Emphasis supplied.) Similarly, if section 63.062(3)(a) does not require that notice of the adoption plan be served on an unmarried biological father who has not filed with the Registry, then there would be no reason to mandate that the adoption entity ask the court to declare that th...

...ce of the intended adoption plan, including both notice of the Registry and the affidavit requirements, on any unmarried biological father who is known and locatable. Section 63.054, which establishes the Registry, also supports this construction of section 63.062(3)(a)....

...tity had no obligation to identify and serve notice of the intended adoption plan on unmarried biological fathers who had not filed with the Registry, especially as it relates to those fathers actually known to the mother. *200 Further, a reading of section 63.062(3)(a) that leaves service of the intended adoption plan on a known, locatable, unmarried biological father completely at the unfettered discretion of the adoption entity may result in disparate treatment of similarly situated unmarried...

...Because we conclude as a matter of statutory construction that an adoption entity is required to serve notice of the adoption plan, which contains notice of the Registry and affidavit requirements, we do not reach the constitutional questions raised by J.A. Moreover, by interpreting section 63.062(3)(a) to require that notice be served by the adoption entity on known or identified potential fathers who are locatable, we avoid any ruling in this case on potential constitutional implications to the statutory scheme, either faciall...

...ng appropriate medical care and financial support" by establishing legal paternity rights in accord with the chapter. § 63.022(1)(e), Fla. Stat. We conclude that there is no conflict between these declarations of legislative intent and a reading of section 63.062(3)(a) that requires unmarried biological fathers who are known or identified as potential fathers and who are locatable be given timely notice of the intended adoption plan, which must include notice of the Registry and of the requirement to file an affidavit indicating their commitment to the child....

...Under the legislative scheme, if an unmarried biological father, who is served timely notice of the intended adoption plan, does not demonstrate a "full commitment to his parental responsibility" by failing to timely file a notarized claim of paternity form with the Registry or otherwise failing to meet the requirements of section 63.062(2)(b), any parental rights he has with respect to the child will be terminable without his consent. [6] In sum, we conclude that section 63.062(3)(a), when read in pari materia with related provisions in chapter 63, evinces legislative intent that an adoption entity must serve a known, locatable, unmarried biological father with notice of the adoption plan....

...ed adoption. III. This Case In this case, it is undisputed that J.A. did not file a claim of paternity with the Registry and did not file the affidavit *201 of commitment. Without actually serving notice of intended adoption plan on J.A. pursuant to section 63.062(3)(a), HOA sent a certified letter to J.A....

...es grounds upon which the trial court shall end any parental rights." Although both sections 63.085 and 63.087 appear to apply only to persons whose consent is required, HOA provided J.A. with the notices contemplated by these provisions. By reading section 63.062(3)(a) as requiring HOA to serve J.A....

...led, a petition to terminate J.A.'s parental rights was filed in the Thirteenth Circuit Court in Hillsborough County. J.A. filed a response denying all of the allegations in the petition for termination. Because J.A. was not served with notice under section 63.062(3)(a) that he had thirty days in which to file a claim of paternity with the Florida Putative Father Registry, we conclude, in this case, that his timely filing of the petition to determine paternity before the petition for termination...

...ble amount of expenses incurred in connection" with the pregnancy and birth in accordance with his financial ability to pay and "when not prevented from doing so by the birth mother or person or authorized agency having lawful custody of the child." § 63.062(2)(b)(2)-(3), Fla....

...demonstrated or was provided an opportunity to demonstrate his compliance with the two statutory requirements, apart from the Registry requirement, that indicate his "commitment to his parental responsibility." J.A. was not notified of the requirements under section 63.062(2)(b)(2), that upon service of a notice of an intended adoption plan or petition for termination of his parental rights, he had to execute and file an affidavit stating that he is personally able to care for the child, setting forth hi...

...tribution to the mother's expenses for the pregnancy and birth of the child depending on his ability to pay. Therefore, on remand we direct the trial court to provide J.A. with an opportunity to comply with the requirements of this subsection. As to section 63.062(2)(b)(3), there is insufficient evidence in the record to determine whether J.A....

...doption. However, the adoption entity may pursue its claim of abandonment under sections 63.089, 63.064(1) and 63.032(1), as pled in the petition for termination of parental rights. [7] CONCLUSION For the reasons stated above, we conclude that under section 63.062(3)(a), an adoption entity must serve an unmarried biological father, who is known or identified by the mother as a potential father and who is locatable through diligent search, with a notice of the intended adoption plan....

...ing stable and permanent homes for adoptive *203 children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children." § 63.022(1)(a), Fla. Stat. Our construction of section 63.062(3)(a) furthers these interests by ensuring that those unmarried biological fathers, who are known and locatable after a diligent search, are served with notice of the actions they must take to establish their right to notice of and consent to adoptions, thereby reducing after-the-fact challenges to terminations of parental rights and adoptions. In cases where the adoption is sought at the time of birth, this interpretation of section 63.062(3)(a) ensures that the child's placement will be determined as close to the birth as possible....

...CONSTRUING THE STATUTORY SCHEME WITHIN THE CONSTITUTIONAL FRAMEWORK The provisions of this adoption statute purport to treat all unmarried biological fathers in an identical manner, and there are no provisions with regard to exceptions or extenuating circumstances which might alter the unambiguous directive in section 63.062(2)(d) that an unmarried father who fails to file with the Registry is deemed to have waived all rights with regard to the adoption proceedings, including the right to notice. See § 63.062(2)(d), Fla....

...n any information as to how the father may contest the adoption or assert his paternal rights. Id. The only section of the statute that addresses notice to an unmarried biological father as to the manner in which he may assert his parental rights is section 63.062(3)(a), which, as noted by the majority, states that an adoption entity "may" serve an unmarried biological father with a notice of intended adoption plan. See § 63.062(3)(a), Fla....

...n. Therefore, I conclude that this notice provision must be interpreted as mandatory, along with the mandatory disclosure requirement in section 63.085, with regard to all known, locatable unmarried biological fathers. Read in pari materia, sections 63.062(3) and 63.085 require that a known, locatable unmarried biological father receive notice of the following: the intended adoption proceeding, the earliest time at which he can surrender his parental rights if he so desires, and the manner in which he can assert his parental rights if he desires to take responsibility for his child rather than allowing his parental relationship to be terminated through adoption. In addition to construing the notice provision in section 63.062(3) as mandatory, it is my view that the statutory scheme may not operate to deprive an unmarried biological father of his inchoate protected interest without providing a reasonable opportunity for compliance with the statutory requirements. Therefore, section 63.062(2) cannot be construed to preclude this opportunity after the required notice is served. To the extent that section 63.062(2)(b) states that a father must take the enumerated actions prior to the execution of a consent for adoption by the mother, I construe this provision to apply only in situations where the known, locatable unmarried biological father has received *209 the required notice under section 63.062(3), and the thirty-day period contained in that notice has run without the father taking the necessary legal action. Similarly, to the extent that section 63.062(2)(d) purports to terminate the rights of an unmarried biological father with respect to the adoption of his child, I would similarly interpret that provision to apply only in situations where the required notice has been served and th...

...Again, this construction comports with the long-established rule of statutory interpretation that dictates that statutes should be read as valid and constitutional whenever possible. See Myles, 602 So.2d at 1281. The interpretation that the notice described in section 63.062(3) is mandatory will not place any excessive burden on adoption entities. The adoption entity is already required to provide the adoption disclosure form to known, locatable unmarried biological fathers. Construing the notice provision in section 63.062(3) as mandatory simply directs the adoption entity to provide the notice of intended adoption plan along with the adoption disclosure....

...In addition, if the inquiry conducted by the court pursuant to section 63.088 reveals a locatable unmarried biological father, both the adoption disclosure requirement under section 63.085 and the notice of intended adoption plan requirement under section 63.062(3) will be triggered....

...The August 1, 2005, letter from HOA to J.A. could have been understood by J.A. to require that he provide one hundred percent of the birth mother's living expenses as the only manner in which he could preserve his interests. This is clearly contrary to section 63.062(2)(b)3 which states that an unmarried biological father should pay "a fair and reasonable amount of the expenses incurred in connection with the mother's pregnancy and the child's birth, in accordance with his financial ability." § 63.062(2)(b)3, Fla. Stat. (2006). Instead of the required notice under section 63.062(3), J.A....

...answer the certified question in the affirmative with the added condition that an unmarried biological father's parental rights may only be terminated based on a failure *210 to register with the Registry if he has received the required notice under section 63.062(3) of the Florida Statutes and has failed to take the legal action described in that notice within the allotted thirty-day time period....

...recognized and addressed and operate to guide any subsequent statutory construction. NOTES [1] We substitute "unmarried biological father" for "putative father" because that is the terminology used by the Legislature in the applicable subsections of section 63.062, Florida Statutes (2005)....

...This Court does not, and should not, condone the termination of parental rights without first affording a parent due process. See J.B. v. Fla. Dep't of Children & Family Servs., 768 So.2d 1060, 1065 (Fla.2000). Parental rights may be terminated through adoption, see § 63.062, Fla....

...I write separately, however, to explain in greater detail why this holding follows from the adoption statute. The statutes that provide for the department's consent to adoptions of children in its custody are permissive, not mandatory. The department " may provide consent to the adoption." § 63.062(7), Fla....

...(2003) (emphasis added); see also id. § 39.812(1) ("The department may thereafter ... consent to the adoption....") (emphasis added). If the department does consent, then "that consent alone shall in all cases be sufficient," id. § 39.812(1), and "no other consent is required," id. § 63.062(7)....

...Despite this permissive phrasing, the department contends that the Legislature intended to give the department a veto power over adoptions. The department cites section 39.812(5), Florida Statutes (2003), which states that a "copy of the consent executed by the department as required under section 63.062(7) must be attached to the [adoption] petition." Id. (emphasis added). According to the department, the mandatory language of section 39.812(5) supersedes the permissive language of sections 63.062(7) and 39.812(1)....

...arbor Special Fire Control District v. Kelly, 516 So.2d 249, 250 (Fla.1987)). The provisions addressing the department's consent are easily harmonized. Section 39.812(5) states that a "copy of the consent executed by the department as required under section 63.062(7)" must be attached to the adoption petition. This does not necessarily mean that the department's consent is always required under section 63.062(7). A more harmonious interpretation is that the department's consent must be attached to the adoption petition only to the extent it is required under section 63.062(7)....

...An analogous provision allows the consent of the adopted person's spouse to be waived if it is being unreasonably withheld. Id. § 63.064(5). Yet another provision allows parental rights pending adoption to be terminated "if written consent has been executed... or notice has been served " to the listed parties. Id. § 63.062(1) (emphasis added)....

...ncerning the department's consent. Cf. Finley v. Scott, 707 So.2d 1112, 1116 (Fla.1998) ("Although the 1993 statute applies to this case, we accept the [subsequent] addition of [a] sentence to the statute as clarifying legislative intent."). The new section 63.062(7), Florida Statutes (2004), which became effective on July 1, 2004, contains the following language: The consent of the department shall be waived upon a determination by the court that such consent is being unreasonably withheld, pro...

...The parties next dispute the certified question of whether an unwed father's failure to assume prebirth support responsibilities and medical expenses for an unwed natural mother who requires such assistance may constitute abandonment of the unborn child under chapter 63. Section 63.062(1) provides: (1) Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed after the birth of the minor by: ......

...ce in a dependency proceeding shall give rise to a rebuttable presumption of such person's ability to provide for and communicate with the child. § 39.01(1), Fla. Stat. The natural father here filed an acknowledgment of paternity in accordance with section 63.062(1) on 19 September 1986....

...terminate parental rights. R.W.; D.B. Obviously, however, a parent can relinquish parental rights by his or her actions. Thus, I believe that we have correctly construed and applied "abandonment" as it relates to the need for paternal consent under section 63.062(1), Florida Statutes....

...after birth than exist here, where abandonment was established. [3] There are a legion of Florida cases where the courts have found that abandonment was not established. [4] No justification exists in this case for the trial judge to excuse consent. Section 63.062, *751 Florida Statutes (1985), requires that written consent be executed after the birth of a child....

...'s specific authority to select the adoptive parents. Moreover, even if we focus on the provisions of Chapter 63 relied on by the trial court, these provisions did not permit the trial court to waive HRS's consent to adoption as it did in this case. Section 63.062 addresses the consents required before a child may be legally adopted....

...is not an individual. Also, although HRS is technically the legal guardian of the child, see §§ 39.47(3), 63.052, Fla.Stat., throughout Chapter 63 the term "department" is used to reference HRS and HRS is specifically referred to in that manner in section 63.062, the preceding section of the statute....

...should be granted visitation rights, unless detrimental to the child's welfare. The Mixon court also ordered that the natural father be given notice of any adoption proceedings, this some eight years prior to the promulgation of notice provisions in section 63.062, Florida Statutes....

...declaratory judgment of paternity under chapter 86. Florida's Adoption Act provides that once a father has taken appropriate action to acknowledge his paternity, his consent, as well as the mother's, is required before the child can be adopted. See § 63.062, Fla....

...The court shall appoint counsel for indigent parents." This section must be read in conjunction with the definition of the term "parent" in section 39.01(48): "Parent" means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1)....

...If a child has been legally adopted, the term "parent" means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or 63.062(1)....

...NORTHCUTT, C.J., and KELLY, J., concur. NOTES [1] The child's mother's parental rights have not been terminated, and there is no pending motion to terminate her parental rights. [2] Neither section 39.503(1), relating to identifying and locating an unknown parent, nor section 63.062(1), Florida Statutes (2006), relating to persons whose consent is required for adoption, is applicable to the circumstances of this case.

...He stands as a stranger to the proceedings, and the fact that he is the child's biological father is now legally irrelevant. As such, he has no standing to intervene in a third-party adoption proceeding involving the child. Our holding is consistent with section 63.062(4), Florida Statutes (Supp.1992), which states that if parental rights to a minor have previously been terminated, then only the consent of the licensed child-placing agency handling the adoption is required....

...[2] No order was entered in the Chapter 39 proceeding purporting to commit Jennifer for subsequent adoption. Such a commitment terminates the rights of natural parents and their consents are not necessary in subsequent proceedings for adoption of the child so committed. § 39.41(4), Fla. Stat. (Supp. 1978); § 63.062(3) and § 63.072(2)....

...urned to Florida late in March, 1978. Marcia and appellee were subsequently married, and on August 14, 1980, appellee filed this petition for adoption. Adoption, unknown to the common law, exists in Florida by virtue of chapter 63, Florida Statutes. Section 63.062, Florida Statutes (1981), provides in part: 63.062 Persons required to consent to adoption (1) Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed after the birth of the minor by: (b) The father of the minor, if: 1....

...more than a year has elapsed since the final judgment of adoption was entered. [3] *668 Cosmides argues that only the father or mother of a child has standing to contest an adoption decree, since they are the only parties to the adoption suit. Under section 63.062, it is not necessary to obtain the consent of a child to an adoption, who is under the age of twelve....

...n heard prior to the court's approval of the Crows' petition to adopt Dawn Payne. Moreover, we determine it to have been an abuse of discretion for the lower court not to have required the consent of the Berhows to the adoption of Dawn by the Crows. § 63.062(2)(a), Fla....

...wn Payne should be required before any judgment of adoption is entered. The "Florida Adoption Act" states that a court may require the consent of any person lawfully entitled to the custody of a minor prior to court approval of an adoption petition. § 63.062(2)(a), Fla....

...rior to granting the adoption order, its lack of knowledge does not alter the fact *375 that the Berhows' interest in preserving their family unit of which Dawn is a part is such that their consent to the Crows' adoption petition should be required. § 63.062(2)(a), Fla....

...adoption order but also by granting in the first place the adoption order. We are therefore compelled to vacate the order of adoption as it applies to Dawn Payne for three reasons: First, the statutory requirement of consent has not been satisfied. § 63.062(2)(a), Fla....

...[2] It should be observed that a foster parent's showing of a fundamental liberty interest in preserving a "familial relationship" does not automatically require a court to obtain consent from such parent as a prerequisite to granting a petition for adoption under Section 63.062(2)(a), Florida Statutes....

...Appellee was transported from the state prison to the hearing on the petition. He did not consent to the adoption and opposed it. In its final order, the trial court found from the evidence that there had not been a legal abandonment as required by § 63.062 and § 63.072, Florida Statutes; that termination of parental rights by adoption may only be done over the objection of a natural parent when there is a showing by clear and convincing evidence of complete abandonment....

...ill's petition for adoption. A decree of adoption results in permanent deprivation of parental rights. [2] Because of the finality which attaches to adoption, the legislature has seen fit to authorize it only upon the giving of appropriate consents, Section 63.062, Florida Statutes (1977), or under circumstances where it can be said that the conduct or condition of the parent obviates the necessity of consent, Section 63.072, Florida Statutes (1977)....

...See also Matter of Adoption of Noble, 349 So.2d 1215 (Fla. 4th DCA 1977), expressly declining to follow Jones v. Allen . [5] A minor over the age of twelve must consent to his or her adoption unless the court finds that the best interest of the child makes the child's consent unnecessary, § 63.062, Fla....

...her father, and he supports the child both financially and emotionally. In late 1995, Wilson contacted the mother, at which time she confirmed Wilson's paternity. Wilson thereafter requested a paternity determination. [1] In 1997, B.D.B. married the mother and sought to adopt the child. Section 63.062, Florida Statutes (1997), governs our disposition of this case....

...Banks, Fla.App.3rd 1964, 159 So.2d 892, our sister court of the Third District held that the father of an illegitimate child has no rights to the child and that his consent to adoption of that child is not necessary, notwithstanding that he had voluntarily supported the child since its birth. See also F.S. 63.062(1)....

...thereby declaring the child to be legally the child of the adoptive parent. See § 63.032(10), Fla. Stat. (1995). A court may grant a petition for the adoption of a child born in lawful wedlock only after both natural parents have consented. See id. § 63.062....

...has had little or no contact with the child since that time. Whether he abandoned the child or whether the mother concealed the child is a disputed issue between the parties. *5 E.P.A.'s current husband, R.L.A., filed this adoption proceeding in January 1995. E.P.A. consented to the adoption. See § 63.062, Fla....

...We have considered the other arguments raised by the birth parents and find that they do not warrant reversal. Affirmed. STEVENSON, C.J. and HAZOURI, J., concur. NOTES [1] The trial court did not rely on the adoptive parents' argument that the father's consent was not required under the recently enacted provisions of section 63.062(2), Florida Statutes (2004)....

...He stands as a stranger to the proceedings, and the fact that he is the child's biological father is now legally irrelevant. As such, he has no standing to intervene in a third-party adoption proceeding involving the child. Our holding is consistent with section 63.062(4), Florida Statutes (Supp.1992), which states that if parental rights to a minor have previously been terminated, then only the consent of the licensed child-placing agency handling the adoption is required....

...There are no depositions to flesh out the facts in this case. The husband and wife are both pro se litigants and have not filed any pleadings or briefs with this court. [3] S.D. also attached to his petition to intervene an "acknowledgment of paternity," which states that it is executed pursuant to section 63.062, Florida Statutes (1997)....

...of the action. (2) Adoption Proceedings. A case management conference shall be ordered by the court within 60 days of the filing of a petition when (A) there is a request for a waiver of consent to an adoption by those persons required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to adopt is not afforded a person whose consent is required but who has not consented; (C) an intermediary, attorney, or agency is seeking fees or costs in excess of those pr...

...d the institution of adoption itself would be threatened. Necessity for Natural Father's Consent to the Adoption Pursuant to Florida's current statute governing adoptions (Chapter 63), the natural father's consent to this adoption was required. [11] Section 63.062(1)(b) provides that the natural father must give his written consent following the birth of the child, if he has filed an affidavit of paternity with the vital statistics office of the Department *1042 of Health and Rehabilitative Services....

...When the natural father learned the natural mother was pregnant, he initially attempted to have the pregnancy terminated, later agreed to the child being placed for adoption, and then did nothing showing continual and repetitive prenatal support. Fla. Stat. § 63.062(1)(b)(5) (1985); Wylie v....

...es toward prenatal medical bills, food, or medications, and only one month's rent. As such, there was a shirking of the responsibilities cast by law and nature. Hinkle v. Lindsey, 424 So.2d 983 (Fla. 5th DCA 1983); Wylie v. Botos, supra ; Fla. Stat. § 63.062(1)(b)(5) (1985)....

...ion to adopt had been filed did the natural father file his acknowledgment of paternity (some two months after the child's birth). The Fourth District Court of Appeal held that the natural father was estopped to claim his consent was necessary under section 63.062(1)....

...1971); In re G.K.D., 332 S.W.2d 62 (Mo. App. 1960). [11] Guerra v. Doe, 454 So.2d 1 (Fla. 3rd DCA 1984), review denied, 462 So.2d 1106 (Fla. 1985). [12] The natural father's written consent is also required in other circumstances not relevant to this case. [13] § 63.062(1), Fla....

...See In re Guardianship of Donna P., 1974, 80 Misc.2d 129, 362 N.Y.S.2d 370. Affirmed. HOBSON, Acting C.J., GRIMES, J., and SCHWARTZ, ALAN R., Associate Judge, concur. NOTES [1] Presumably, in any effort to bring our adoption laws in line with these decisions, our legislature has recently amended § 63.062(1), (b), (4-5) effective July 1, 1975, to require notice to a putative father if he has acknowledged and supported the child.

...at the child's best interest would be promoted by the adoption. Both these findings are amply supported by the evidence, but the statute requires more. Adoption, unknown to the common law, exists in Florida by virtue of Chapter 63, Florida Statutes. Section 63.062(1), Florida Statutes (1983) says: Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed after the birth of the minor by: (a) The mother of the minor....

...(2) Adoption Proceedings. A case management conference shall be ordered by the court within 60 days of the filing of a petition when *1155 (A) there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded a person whose consent is required but who has not consented; (C) there is an objection to venue, which wa...

...He stands as a stranger to the proceedings, and the fact that he is the child’s biological father is now legally irrelevant. As such, he has no standing to intervene in a third-party adoption proceeding involving the child. Our holding is consistent with section 63.062(4), Florida Statutes (Supp.1992), which states that if parental rights to a minor have previously been terminated, then only the consent of the licensed child-placing agency handling the adoption is required....

...d over the objection of a nonconsenting father who is not married to the mother of *69 the child and who has not been found to have abandoned the child nor to be an unfit parent. (See Turner v. Adoption of Turner, 352 So.2d 957 (Fla.1st DCA 1977)) F.S. 63.062, Florida Statutes 1975, requires as a condition precedent to adoption, the consent of the father of a minor child if: "1....

...It is clear that appellant was given notice of the adoption proceedings, was afforded an opportunity to be heard and, indeed, was heard. His procedural due process rights were not therefore violated. Neither was he deprived of substantive due process nor equal protection. ( Quilloin v. Walcott, supra) The statute (F.S. 63.062, Florida Statutes 1975) does not require appellant's consent on the state of the record in this case....

...Wylie tendered checks in the net amount of $700.00 to the physician with the understanding that this money would likely be refunded once the adoption proceedings were completed. The child was born on June 3, 1980. Two days later Mrs. Wylie executed a form consenting to the child's adoption, as required by Section 63.062(1)(a), Florida Statutes (1977)....

...On October 27, 1980, the Wylies married. Hearings were held before the lower court on the petitions for adoption and writ of habeas corpus on June 4 and 5, 1981, and on June 25 the judge below entered orders in favor of the adoptive parents on both petitions. [1] Section 63.062, Florida Statutes (1979), provides: 63.062 Persons required to consent to adoption....

...Section 63.072(1) further provides: 63.072 Persons whose consent to an adoption may be waived. — The court may excuse the consent of the following individuals to an adoption: (1) A parent who has deserted a child without affording means of identification or who has abandoned a child[.] Under Section 63.062(1), the consent of the natural mother of a child born out of wedlock is required in all cases unless excused by the court....

...natural father's claim and in granting the adoption. [3] The judge below found that the adoption was proper because the natural mother's consent had been executed in accordance with the law and the natural father's consent, seemingly required under Section 63.062(1)(b), could be excused under Section 63.072(1) because he had abandoned the child....

...Because the statutes are unclear we urge the legislature to address this matter. [3] Although the behavior of the natural father might well not have constituted an abandonment of the child under Section 63.072 and hence would not have been an excuse for the absence of the natural father's consent to the adoption under Section 63.062 and the existing case law, see e.g....

...Chapter 61 of the Florida Statutes imposes upon "parents" an obligation to pay child support. Florida law defines the word "parent" as follows: Parent means a woman who gives birth to a child and a man whose consent to the adoption of a child would be required under Florida Statute 63.062(1)(b)....

...If a child has been legally adopted, the term "parent" means an adopted mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of either § 39.4051(7) or § 63.062(1)(b)....

...of the facts. [1] Heart of Adoptions, Inc. ("the Agency"), filed a petition to terminate J.C.J.'s parental rights pending adoption pursuant to section 63.087. The trial court found that J.C.J.'s consent to adoption was not required here pursuant to section 63.062 because J.C.J....

...Weekly D1958, ___ So.2d ___, 2006 WL 2033896 (Fla. 2d DCA July 21, 2006), the statute that authorizes the trial court to terminate parental rights pending adoption does not apply to cases, such as this, where the father has failed to comply with the registration requirements of section 63.062....

...[2] Section 63.089(3) provides that "[t]he court may enter a judgment terminating parental rights pending adoption if the court determines by clear and convincing evidence, supported by written findings of fact, that each person whose consent to adoption is required under s. 63.062 " meets one of nine specified criteria. (Emphasis added.) Under section 63.062, those whose consent is required include unmarried biological fathers who have registered with the Putative Father Registry....

...is not a "parent" under the Florida Adoption Act. Chapter 63 does not include a definition of parent but rather refers to section 39.01(49), Florida Statutes (2004), which defines a parent as a "man whose consent to the adoption of the child would be required under s. 63.062(1)." By alleging in its petition that J.C.J.'s consent is not required, the agency admitted that J.C.J....

...Since the opinion was not issued until after the original briefs were filed, we invited the parties to file supplemental briefs addressing the issue of whether the termination of parental rights pending adoption provisions applied to an individual whose consent was not required due to his failure to register as required by section 63.062....

...The erroneous judgment was based on a factor not included in the statutorily enumerated factors that authorize the trial court to terminate one's parental rights. Moreover, the error is magnified because it prevents this same father from seeking meaningful review of the statutes that presumably negate his parental rights. Section 63.062(2)(d) states that an unmarried biological father who fails to comply with the registration requirements "is deemed to have waived and surrendered any rights in relation to the child, including the right to notice of any judicial procee...

...child is not required." By this statute, such a father is not a party to the adoption proceeding, nor is he entitled to notice of the adoption. However, should one such as J.C.J. desire to contest either the applicability or the constitutionality of section 63.062, the proper forum would be the adoption proceeding rather than the termination proceeding. The failure to register as required by section 63.062 is the basis for proceeding with the adoption without his consent, not the basis for the termination of his parental rights. Even though one such as J.C.J. would not receive formal notice of the adoption proceeding, should he have actual notice, he could move to intervene in the proceeding, alleging that due to the inapplicability or the unconstitutionality of the section 63.062 registration requirements, his consent to the adoption is required and he is an interested party....

...As a result, an erroneously entered judgment terminating the parental rights of a biological father who fails to comply with the registration statute effectively denies that father the opportunity *910 to challenge the registration requirements of section 63.062....

...To permanently commit a child the court must first adjudicate the child dependent as defined by section 39.01(9), Florida Statutes (1985). Once the child is placed in the custody of the agency, the consent to adopt is executed by the agency and attached to the petition for adoption. § 63.062(3), Fla....

...ll traces of any relationship between Kent and his daughter, A.J.B. Kent appealed the judgment granting adoption and this court reversed, holding that the circuit court erred in ruling that Kent's consent was not required under the adoption statute, section 63.062(1)(b), Florida Statutes....

...s pled by the Burdicks. However, relying upon In Re: Adoption of Mullenix, 359 So.2d 65 (Fla. 1st DCA 1978) and Wylie v. Botos, 416 So.2d 1253 (Fla. 4th DCA 1982), he concluded that Mr. Kent's consent was not required since he had not met any of the section 63.062(1)(b), Florida Statutes, criteria for required consent of the father prior to the January 1988 filing of the original petition for adoption in this case....

...Kent's consent was not required, the sole issue became the best interest of the child and that the child's best interest clearly required that the petition for adoption be granted. The trial judge erred in determining that Mr. Kent's consent was not required under section 63.062(1)(b) and in thereupon applying the "best interest of the child" test in this case. That statute provides that a petition to adopt a minor may be granted only if written consent has been executed by the father of the minor when certain conditions have been met. The pertinent conditions sub judice are set forth in section 63.062(1)(b)3 and 4 which require consent of the father if the minor has been *908 established by court proceeding to be his child or if he has acknowledged in writing that he is the father of the child and has filed that acknowledgment with the Department of Health and Rehabilitative Services....

...The statute establishes no time by which one of those criteria must be met in order to require the consent of the father to an adoption. Section 63.072 provides for waiver or excuse of required consent under certain circumstances, none of which have been claimed in this case. In Mullenix and Wylie, the court recognized that section 63.062 imposes upon a natural father the duty to take some type of affirmative action in order to make his consent, or the excuse thereof, a prerequisite to the child's adoption....

...of his consent. In the instant case, clearly appellant had taken affirmative action to establish his paternity prior to the filing of the petition for adoption and, long before entry of the final judgment granting the petition, he had met two of the section 63.062 requirements so that his consent became a prerequisite, in the absence of a valid excuse which is not at issue here, to the adoption of this child....

...lf as J.M.'s father through registration. The father argues the trial court erred in reaching this conclusion. We agree. The Persons Required to Consent to Adoption The persons required to consent to an adoption of a minor child are enumerated under section 63.062(1)....

...sence 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). § 63.062(1)(b), Fla....

...adoptive placement. See J.S. v. S.A., 912 So.2d 650, 661-62 (Fla. 4th DCA 2005). The statute waives the necessity of obtaining a father's consent to an adoption when he has not been previously identified through one of the five methods delineated in section 63.062(1)(b). See § 63.062(1)(b)1-5, Fla....

...Clearly, the trial court did not provide a process that "embodies a fundamental conception of fairness." Quite the contrary, the trial court violated Appellant's right to due process. Conclusion Since J.M. has been "established by court proceeding" to be Appellant's child, and his parental rights have not been terminated, section 63.062(1)(b)3 requires Appellant's consent prior to the adoption of J.M....

...(2004), and be required to give his consent to a proposed adoption of the child by others. Despite the issue having never been raised by B.B. in either the trial court or this court, the majority proclaims that B.B.'s consent to the proposed adoption was required, pursuant to section 63.062(1)(b)3., Florida Statutes (2004), because he had been "established by court proceeding" to be J.M.'s father. The majority's application of section 63.062(1)(b)3....

...on case number, their Petition for Family Adoption pursuant to section 63.087, Florida Statutes (2004). The petition specifically alleged that B.B.'s consent to the proposed adoption was not required as he had failed to comply with the provisions of section 63.062, Florida Statutes (2004), applicable to unmarried biological fathers....

...utative Father Registry, on July 21, 2004, and August 11, 2004, had revealed no claims of paternity to J.M. since her birth. The trial court thereafter appointed counsel to represent B.B. during the remainder of the proceedings. The issue of whether section 63.062(1)(b)3., Florida Statutes (2004), was even implicated in these proceedings by virtue of B.B....

...Petition for Family Adoption. These pleadings filed by B.B. and his counsel never argued that B.B.'s status as J.M.'s "father" had already been "established by court proceeding." Instead, they argued that B.B. had sufficiently complied with sections 63.062(1)(b)5. and 63.062(2), Florida Statutes (2004), to preserve his rights, as the child's "father," to notice and consent to the adoption....

...rest by an unmarried biological father. [9] The legislative intent behind the 2003 amendments to the Florida Adoption Act, which is specifically expressed by the Florida Legislature, is implemented throughout the remaining provisions of the statute. Section 63.062(1), Florida Statutes (2004), lists those persons who are required to consent to an adoption. Section 63.062(1)(b) specifically requires the consent of the "father of the minor," only under the following circumstances: 1....

...ce 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). In section 63.062(2), Florida Statutes (2004), clear and unambiguous time frames are delineated within which an unmarried biological father must register with the Florida Putative Father Registry and demonstrate certain other indicia of his commitment to fatherhood in order to preserve *68 his parental rights such that his consent to a proposed adoption of the child would be required. Section 63.062(2)(b), Florida Statutes (2004), which governs those situations in which the child is younger than six months of age at the time of placement with the adoptive parents, specifically requires an unmarried biological father to have perfor...

...ed agency having lawful custody of the child. (Emphasis added.) The statute is unmistakably clear about the consequences of an unmarried biological father's failure to timely register his claim of paternity with the Florida Putative Father Registry. Section 63.062(2)(d), Florida Statutes (2004), states, 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...

...never took any of the statutorily delineated steps toward maturing into a fully vested right whatever "inchoate" interest he may have had to being J.M.'s father such that he had any right to object to the proposed adoption. The majority focuses on section 63.062(1)(b)3., Florida Statutes (2004), out of context, and reaches the erroneous conclusion that B.B.'s consent to the proposed adoption was statutorily required....

...Even if the legal theory upon which the majority has based its reversal in this case had been properly preserved for appellate review, and actually timely raised by B.B. as a basis for reversal of the adoption order, the majority's broad interpretation of section 63.062(1)(b)3., allowing for the mere identification of a man as a child's father in the context of a court proceeding to constitute an establishment of that man's legal status as the child's father for purposes of the Florida Adoption Act, is inconsistent with the stated legislative intent behind the Act. The clear reason for the inclusion of the language in section 63.062(1)(b)3., relied upon by the majority, was to protect a father whose legal status had already been judicially established by means of a paternity judgment or other actual trial proceeding....

...constitute any acquiescence or acknowledgment of paternity of the child. This statutory requirement merely allows for the identification of potentially interested men who might be "fathers" whose consent to the adoption might be required pursuant to section 63.062(1)(b), Florida Statutes (2004). The identification of potential fathers required by section 63.088(4) is comparable to DCF's "identification" of B.B. as the child's "father" in the dependency proceedings. The inevitable result of the majority's interpretation of section 63.062(1)(b)3....

...will be that, by filing the affidavit authorized by section 63.088(4), a party having personal knowledge of the facts in an adoption case will always be "establishing by court proceeding" that the unmarried biological father of the child is the child's legal father entitled to consent to the child's adoption pursuant to section 63.062(1)(b)3. In other words, the majority's interpretation of section 63.062(1)(b)3....

...It cannot be seriously suggested that the Legislature intended that the statutory registration requirements applicable to unmarried putative biological fathers could be so easily avoided simply by interpreting the "established by court proceeding" language contained in section 63.062(1)(b)3....

...of the adoption proceeding. See In Re A.J.B., 548 So.2d 906, 908 (Fla. 1st DCA 1989) (holding that, in In Re Adoption of Mullenix, 359 So.2d 65 (Fla. 1st DCA 1978), and Wylie v. Botos, 416 So.2d 1253 (Fla. 4th DCA 1982), the courts "recognized that section 63.062 imposes upon a natural father the duty to take some type of affirmative action in order to make his consent ....

...Appellees objected to the motion on standing grounds. The trial court ruled that the siblings lacked standing to contest the adoption, and, alternatively found that removing the child from her adoptive home would not be in her best interest. On the standing issue, the trial court stated: Section 63.062, Florida Statutes, sets out the requirements for who may be required to consent to an adoption....

...(1999) (notice of hearing on adoption shall be given to DCFS or licensed child-placing agency, an intermediary, a person whose consent to the adoption is required unless excused by court, and any person withdrawing consent). Nor is the consent of siblings required for the adoption itself. See § 63.062(1), Fla....

...ustody of, and time sharing with the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular....

...igned 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 section 63.062(2)....

...Determining whether someone's consent is required, or when consent may not be required—is a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular....

...ustody of, and time sharing with the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular....

...igned 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 section 63.062(2)....

...Determining whether someone’s consent is required, or when consent may not be required — is a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular....

...Thus, by the *1199 express terms of section 63.037, Florida Statutes, this case "shall be governed by s. 39.812 and this chapter [63]." Another provision in chapter 63, Florida Statutes, addresses persons required to consent to adoption. The statutory language is as follows: 63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue....

...that the petitioner has filed with the court a favorable preliminary adoptive home study performed by a licensed child-placing agency, a child-caring agency registered under s. 409.176, or a licensed professional or agency described in s. 61.20(2). § 63.062(7), Fla. Stat. (2005). In its June 7, 2004, order, after the parental rights were terminated, the trial court committed the children to the Department's permanent custody for purposes of adoption. Therefore, under the express terms of section 63.062(7), the Department, being the adoption entity with which the children were placed for subsequent adoption, could provide consent to the adoption, whereupon no other consent would be required....

...— * * * (5) The petition for adoption must be filed in the division of the circuit court which entered the judgment terminating parental rights, unless a motion for change of venue is granted pursuant to s. 47.122. A copy of the consent executed by the department as required under s. 63.062(7) must be attached to the petition, unless the court determines that such consent is being unreasonably withheld and provided that the petitioner has filed with the court a favorable preliminary adoptive home study performed by a licensed child-placing agency, a child-caring agency registered under s....

...An adoption proceeding under this subsection is governed by chapter 63, as limited under s. 63.037. § 39.812(5), Fla. Stat. (2005). When the petition for adoption is filed in the circuit court, this statutory subsection expressly requires a copy of the consent executed by the Department pursuant to section 63.062(7), supra, to be attached to the petition "unless the court determines that such consent is being unreasonably withheld and provided that the petitioner has filed with the court a favorable preliminary adoptive home study performed" by a qualified entity. In other words, sections 63.062(7) and 39.812(5) include virtually identical requirements addressing the Department's consent or, if it is not given, the court's finding that the withholding of consent is unreasonable....

...relative"; and that unless the trial court orders it, no report or recommendation is required "when the minor is a relative of one of the adoptive parents." This language in one provision of the "Adoption" chapter renders meaningless the provisions in another provision, section 63.062(7), supra, as well as in chapter 39, governing "Proceedings Relating to Children," which specifically address those cases, like the case at bar, in which the children's parental rights have been terminated before adoption proceedings commenced. As we have noted above, in these post-termination cases, the adoption entity where the children have been placed for subsequent adoption "may provide consent to the adoption," in which case "no other consent is required." § 63.062(7), Fla....

...Where the Department refuses to give consent, such consent can be waived upon the court's finding of unreasonable withholding of consent, but only if the petitioner has filed with the court a favorable preliminary adoptive home study performed by a qualified entity. See §§ 39.812(5) & 63.062(7), Fla. Stat. (2005). No other method of waiving consent is stated or implied in the relevant statutes. Had it intended to do so, the Legislature easily could have stated in section 63.062(7) that the Department's consent to the adoption is waived if the court makes a finding of unreasonably withheld consent and the petitioner is a relative....

...Further, where two laws are in conflict, courts should adopt an interpretation that harmonizes the laws, for the Legislature is presumed to have intended that both laws are to operate coextensively and have the fullest possible effect." Palm Beach County Canvassing Bd. v. Harris, 772 So.2d 1273, 1287 (Fla. 2000). Sections 63.062(7) and 63.112(2)(b) & (3) can be read in pari materia by applying the latter provisions only to those cases in which the children's parental rights were not terminated under chapter 39....

...by trained social workers, makes eminent sense. Even were we to find these two provisions to be in direct conflict, it is well-established that "where two statutory provisions are in conflict, the specific statute controls the general statute." Id. Section 63.062(7) deals specifically with "persons required to consent to adoption" in cases, like this one, where the children's parental rights have previously been terminated under chapter 39, whereas section 63.112(2)(b) & (3) is part of a generic provision setting forth the requirements for a petition for adoption and related filings. These latter provisions do not address post-termination cases. Being the more specific and restrictive of the two chapter 63 provisions, section 63.062(7) controls....

..."[I]t also is well settled that when two statutes are in conflict, the more recently enacted statute controls the older statute." Id. Section 63.112(2) & (3) was last amended in 2003, see Laws of Florida 2003-58, section 23; whereas sections 39.812(5) and 63.062(7) were amended in 2004, see Laws of Florida 2004-389, section 2, to provide the trial court with statutory authority to waive the Department's consent upon a finding of unreasonably withheld consent, provided that a favorable preliminary adoptive home study is filed too....

...At the final adoption hearing conducted in March, 1983, the trial court granted the adoptive parents' motion to strike the affidavit of paternity as untimely filed and entered a final judgment of adoption. As a condition precedent to the adoption of a child, section 63.062(1)(b)4, Florida Statutes (1983), requires the consent of the father of a minor child, if: He has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor and has filed such acknowledgme...

...tition for adoption of his natural child and within a reasonable time before the final adoption hearing. Consequently, Guerra falls within the category of fathers whose consent is required for the adoption of a minor child under the express terms of section 63.062....

...2d DCA 1997), Judge Fleming denied the prospective adoptive parents' motion to intervene. Judge Fleming entered a separate order appointing a guardian ad litem for purposes of the termination proceeding. It is undisputed that Judge Fleming ordered Gift of Life to serve A.S. with a notice of intended adoption plan pursuant to section 63.062(3)(a) and thus to inform him of the proceedings, although no written order to this effect appears in our record. Section 63.062(3)(a) states that an adoption entity may serve upon any unmarried biological father identified by the mother or identified by a diligent search of the Florida Putative Father Registry ....

...ing at any time when conception of the minor may have occurred." § 63.088(4)(d). Thus, it would appear that Judge Fleming not only had discretion to inquire of Jane Doe about A.S., she may have had a statutory obligation to make this inquiry. Under section 63.062(3)(a), an adoption agency has the discretion, but not a duty, to notify an unmarried biological father like A.S....

...he putative biological father failed to timely register with the Florida Putative Father Registry pursuant to the provisions of chapter 63, Florida Statutes (2004), his *389 consent to termination of parental rights and adoption is not required. See § 63.062(2)(d), Fla....

...ter 63 "has the same meaning ascribed in s. 39.01." Section 39.01(49), Florida Statutes (2004), defines parent as follows: "Parent" means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). . . . The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or s. 63.062(1). Thus, A.S. is a "parent" for purposes of chapter 63 if he is "a man whose consent to the adoption of the child would be required under [section] 63.062(1)." Section 63.062 addresses the persons required to consent to adoption....

...sence 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). § 63.062(1)(b)(1)-(5)....

...Based upon this analysis, the trial court could not determine that A.S. had failed to establish his status as a "parent" but then terminate his "parental rights." To the extent the trial court did so, it erred. VII. A.S. IS NOT A "PARENT" PURSUANT TO SECTION 63.062(1)(b)(5) As stated above, A.S....

...ence 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)." § 63.062(1)(b)(5). We agree with the trial court that A.S. has not met the requirements of subsection 5 because he failed to, "within the required timeframes," comply with the "requirements of subsection (2)." Section 63.062(2)(b) provides that the consent of an unmarried biological father is necessary when a child is younger than six months of age at the time the child is placed with prospective adoptive parents only if the father has demonstrated a full...

...Father Registry. It is undisputed, however, that the claim was untimely because it was filed after the mother had executed her consent to the adoption and after Gift of Life filed its petition for termination of parental rights pending adoption. See § 63.062(b)(1); see also § 63.054(1) ("The claim of paternity may be filed [with the Florida Putative Father Registry] at any time prior to the child's birth, but a claim of paternity may not be filed after the date a petition is filed for termination of parental rights."). As section 63.062(2)(d), states: 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 an...

...y "parent," even though he presumably is the child's biological father. It is not this court's job today to determine the wisdom of this statutory structure, but simply to apply it. A.S. has argued that he is a parent whose consent is required under section 63.062(2)(b) because Gift of Life, compelled to do so by Judge Fleming, served A.S. *393 with a notice of intended adoption plan pursuant to section 63.062(3)(a), and he complied with the procedures required by that notice. [14] However, section 63.062(2)(b) required A.S. to timely comply with the requirements listed in the notice of intended adoption plan, see § 63.062(2)(b)(2), and to timely file his claim with the Florida Putative Father Registry, see § 63.062(2)(b)(1). We admit that section 63.062(3)(a) seems odd to this court....

...However, if the claim is filed after the mother has executed the consent to adoption or after the petition for termination of parental rights is filed, it appears that the father may still be deemed to have waived or surrendered his rights to the child because he will not have timely complied with section 63.062(2)(b)(1)....

...te when it neither named nor served A.S. and placed no allegations concerning A.S. in its complaint. At the time the complaint was filed, A.S. was not a "parent" or a person whose consent was required *394 because he did not meet the requirements of section 63.062(1)(b)(1)-(5)....

...sought to establish his rights not only by filing his untimely claim with the Florida Putative Father Registry but also by filing an action to determine parentage under chapter 742. If A.S. were able to establish paternity under chapter 742, he would become a "parent" whose consent to adoption is required pursuant to section 63.062(1)(b)(3)....

...er 63 proceeding, an unmarried biological father may still be able to transform the "inchoate interest" recognized by the legislature in section 63.022(1)(e) into an established parental right in a chapter 742 proceeding, thus requiring, pursuant to section 63.062(1)(b)(3), his consent and the termination of those parental rights in any proceeding to adopt the child....

...[21] *396 If the trial court in this case had not delayed the ruling in the chapter 742 case until after it had entered an order terminating A.S.'s parental rights, the analysis in the termination and adoption proceeding would have been different. Section 63.062(1)(b)(3) provides that a petition to terminate parental rights may be granted only after written consent or notice to a "father" under circumstances where "[t]he minor has been established by court proceeding to be his child." Thus, although A.S....

...ed or born outside of marriage is responsible for his or her own actions and is not excused from compliance with the provisions of this chapter based upon any action, statement, or omission of the other parent or a third party, except as provided in s. 63.062(2)(a)....

...Parness, Adoption Notices To Genetic Fathers: No To Scarlet Letters, Yes To Good-Faith Cooperation, 36 Cumb. L.Rev. 63, 71-76 (2005-2006); Andrew T. Binstock, Not If, But When?: Dismantling The Florida Adoption Act Of 2001, 10 Cardozo Women's L.J. 625 (Summer 2004). [14] Section 63.062(3)(a) provides, in pertinent part: The notice of intended adoption plan must specifically state that if the unmarried biological father desires to contest the adoption plan, he must file with the court, within 30 days after service, a...

...ldren is supported by competent substantial evidence. Under the Florida Adoption Act, chapter 63, Florida Statutes, written consent of the biological parents is required before a petition to terminate parental rights pending adoption may be granted. § 63.062(1), Fla....

...ut of the other parent as well. No judgment of adoption of a minor, so that the severance argued for herein could occur, can be granted unless written consent has been executed after the birth of the minor by the mother and in most cases the father. Section 63.062(1)(a) and (b), Florida Statutes (1987)....

...adoption proceeding is pending and consent to the adoption, and that consent alone shall in all cases be sufficient. (Emphasis added). Additionally, section 39.812(5) states that "[a] copy of the consent executed by the department as required under s. 63.062(7) must be attached to the petition." DCF maintains that the language of Chapter 39 clearly indicates that DCF consent is the sine qua non of adoption finalization and that such consent must be executed in writing before an adoption can become final....

...it does not have to and that other parties must be able to consent. Before further evaluating the parties' arguments regarding Chapter 39, we will analyze the provisions of Chapter 63. The key section of Chapter 63 as relevant to the case at bar is section 63.062(7) which provides: If parental rights to the minor have previously been terminated, a licensed child-placing agency, a child-caring agency registered under s....

...DCF views this language as again supporting a requirement for its consent prior to adoption, but B.Y. contends that the language clearly makes DCF's consent permissive, especially because DCF is not a listed party from which consent is required under section 63.062. It is true that section 63.062(1) emphasizes the consent of individuals such as the child's mother and father, but the provision also states that such are the rules when there is a "petition to terminate parental rights pending adoption." In the present case, the termination of parental rights has already occurred....

...In Mr. Kent's first appeal, In the Interest of A.J.B., 548 So.2d 906 (Fla. 1st DCA 1989), this court reversed the lower court's order of adoption, finding that the trial court erred in determining that the natural father's consent was not required under § 63.062(1)(b), Florida Statutes, for stepparent adoption in this case....

...specific authority to select the adoptive parents. Moreover, even if we focus on the provisions of Chapter 63 relied on by the trial court, these provisions did not permit the trial court to waive HRS’s consent to adoption as it did in this ease. Section 63.062 addresses the consents required before a child may be legally adopted....

...ot an individual. Also, although HRS is technically the legal guardian of the child, see §§ 39.47(3), 63.052, Fla.Stat., throughout Chapter 63 the term “department” is used to reference HRS and HRS is specifically referred to in that manner in section 63.062, the preceding section of the statute....

...[7a] See R.Reg.Fla.Bar 4-1.4 (lawyer shall keep client informed about status of matter). [8a] We can find no basis in this case for the appointment of an attorney ad litem for E.A.W. Under section 63.052(1), Florida Statutes (1993), upon the entry of the placement order petitioners became her legal guardians. Section 63.062(1)(c), Florida Statutes (1993), expressly provides that only a child older than 12 years of age has standing to object to the adoption....

...[13] The 1992 change added the above entire paragraph to chapter 63, but the first two sentences had long been part of section 39.01(1), as indeed the court in Doe itself observed. 543 So.2d at 745. The definition of abandonment relates to sections 63.062 and 63.072, Florida Statutes (1993)....

...Even though Dove had the true facts, she filed a "Petition For Custody Of Minor Child" on July 19, 2002, stating that the "birth mother of this child has surrendered her parental rights by affidavit, and named a legal father. The legal father has surrendered his parental rights by affidavit." Cf. §§ 63.062(1)(d)3., 63.062(6), 63.088(2), Fla....

...Dove concealed this communication of the Biological Father from the circuit court and never disclosed the true facts. Cf. § 63.135(1)(c), Fla. Stat. (2002). The Biological Father was entitled to notice and his consent to the adoption was required. See §§ 63.062(1)(d)3., 63.062(6), 63.088(2), Fla....

...The referee specifically found otherwise. Continuing her parade of excuses, Dove contended that the Biological Father was not entitled to notice under chapter 63, Florida Statutes (2002). However, the Biological Father was clearly entitled to notice under section 63.062(1)(d)(3), Florida Statutes (2002), because the Birth Mother specifically identified him as the biological father of Baby Z....

...ogical father's consent or affidavit of nonpaternity in lieu of consent. In that transmission above Dove's signature, the letter states: "Again, the birthfather's name and address [are]...." Furthermore, Dove was aware or should have been aware that section 63.062(1)(d)(3), Florida Statutes (2002), provided that where a birth mother identified "a person she has reason to believe may be the father of the minor in an action to terminate parental rights pending adoption," a petition to terminate pa...

.... . has no objection to [proceeding in Leon County]"; "wants no further parental rights. . . ." [11] As to paragraph 6: there was no UCCJA filed. (Thus there was no way that a determination could be made as to claims by other persons.); contrary to § 63.062, F.S....

...g 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. § 63.062(2)(b)(2)....

...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." § 63.062(2)(b)(3)....

...unmarried biological father desires to contest the adoption plan, he must file with the court, within 30 days after service, a verified response that contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2." § 63.062(3)(a)....

...During her discussions with CHS, the birth mother identified the putative father. 1 After numerous meetings and phone conversations, the mother confirmed her desire to place the child for adoption. CHS then initiated the underlying proceeding by filing its Notice of Intended Adoption Plan with the trial court. As required by section 63.062(3), Florida Statutes (2012), CHS served the putative father with the Notice of Intended Adoption Plan on September 17, 2012. The Notice advised him: 1) that he was named as the “potential unmarried biological father” of the birth mother’s unborn child; 2) that he was required to act within 30 days of being served; 3) his obligations under section 63.062(2)(b), Florida Statutes, including his obligation to file a Claim of Paternity with the Office of Vital Statistics; 4) the address of the clerk’s office to which he was required to send his responsive papers; and 5) the address of th...

...Two months after receiving a copy of the Notice of Adoption, the putative father, through his mother, filed a letter with the trial court objecting to the planned adoption. The letter was not signed, witnessed, or notarized, and did not otherwise comply with the requirements of section 63.062(2)(b)(2), Florida Statutes (2012)....

...child.” Id. at 91 . Our supreme court rejected “any requirement for the mandatory appointment of counsel for the father of an illegitimate child who has not legally acknowledged or in fact supported the child.” Id. (emphasis added). 2 Sections 63.062(2)(b) & (3)(a) delineate the steps that a putative father must take to legally recognize a child and preserve his parental rights....

...e court 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 (3) provide support for the birth mother and child. § 63.062(2)(b), (3)(a), Fla....

...Here, the father had an inchoate interest prior to filing the paperwork required by Chapter 63. Once he was served with the Notice of Adoption, he had 30 days to file the required paperwork. He faded to do so. The clear intent of the Legislature in section 63.062(2)(e) is that a putative father, who does not comply with the re *108 quirements of section 68.062(2), is “deemed to have waived and surrendered any rights in relation to the child.” Heart of Adoptions, Inc....

...(Appellant) seeks review of a final order determining that his consent was not required for the adoption of his biological child and a companion order terminating his access to the child. Appellant argues that the trial court erred in determining that section 63.062(2)(b)2, Florida Statutes (2008), requires strict compliance to the extent that his timely filing of a notarized letter and subsequent filing of an affidavit were insufficient to meet the statutory obligation to file an affidavit within thirty days of service of a notice of intended adoption plan. He further argues that the trial court erred in construing section 63.062(3), Florida Statutes (2008), as imposing on him an obligation to file a verified response in addition to the affidavit required under section 63.062(2)(b)2. Finally, Appellant argues that section 63.062(2)(b)2 is unconstitutional as applied to him in this case....

...e constitutionality of statutes if the case in which the question arises may be effectively disposed of on other grounds.”). Because the trial court improperly ruled, on summary judgment, that Appellant did not satisfy the affidavit requirement of section 63.062(2)(b)2, we reverse and remand for further proceedings consistent with this opinion....

...the following notification: “If you wish to contest this adoption plan, you must file with the circuit court ... within 30 days after service of this notice, a verified response (affidavit) including a commitment to the child that complies with F.S. 63.062(2)(b)2.” Appellant responded to the notice by a notarized letter dated July 14, 2008....

...Appellee alleged that Appellant’s consent to the adoption of his child was not required because he was an “unmarried biological father” within the meaning of section 63.032(19), Florida Statutes (2008), and he had not complied with the requirements of section 63.062(2). Section 63.062(2) provides as follows: 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....

...ities for his child. On December 19, 2008, Appellee filed a Motion to Amend the Petition for Termination of Parental Rights. The proposed amended petition contained the additional argument that Appellant’s July 14, 2008, letter did not comply with section 63.062(2)(b)2 because it was not an affidavit. To support this argument, Appellee alleged that Appellant had not taken an oath when his letter was notarized. Ap-pellee further argued that section 63.062(3) imposes on unmarried biological fathers the obligation to file a verified response to a notice of intended adoption plan and that Appellant’s July 14, 2008, letter did not constitute a verified response....

...To support its motion, Appellee deposed the person who *1107 notarized the July 14, 2008, letter. The notary’s testimony revealed that he failed to administer an oath to Appellant, and this testimony was undisputed. The trial court concluded that Appellant was required to file an affidavit under section 63.062(2)(b)2 and a verified response under section 63.062(3)....

...e and permanent homes in a prompt man-nér. See § 63.022(l)(a). The above-quoted provisions also indicate the Legislature’s intent to require specific actions on the part of unmarried biological fathers to preserve their rights to their children. Section 63.062 governs when a parent’s consent is required for the adoption of his or her child....

...ce 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).” § 63.062(l)(b)5. Paragraph (2) states that an unmarried biological father’s consent to an adoption “shall be necessary only if [he] has complied with the requirements of this subsection.” § 63.062(2)(1). As noted above, one of the requirements of section 63.062(2) is for an unmarried biological father of a child less than six months of age to execute and file an affidavit “stating that he is personally fully able and willing to take responsibility for the child,” upon service of a notice of intended adoption plan. Section 63.062(3) requires adoption agencies to serve notice on known and locatable unmarried biological fathers before initiating adoption proceedings....

...aph (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. § 63.062(3). Appellee convinced the trial court that section 63.062(3) imposes the requirement on unmarried biological fathers to file a verified response to the notice of intended adoption plan. It appears from the trial court’s order that it believed an unmarried biological father is required to file both an affidavit, under section 63.062(2)(b)2, and a verified response, under section 63.062(3). We disagree with the trial court to the extent that it ruled that an unmarried biological father who files an affidavit under section 63.062(2)(b)2 may still be found noncompli-ant with Chapter 63 for failure to file a *1109 verified response. Section 63.062(3) dictates the actions of adoption agencies, not unmarried biological fathers. The specific statutory requirements to be imposed on unmarried biological fathers are set forth in section 63.062(2) alone. While section 63.062(3) is relevant to what an unmarried biological father should be expected to do under Chapter 63, it should not be interpreted as imposing requirements beyond those specified in section 63.062(2)....

...To the extent the trial court ruled that an unmarried biological father must file a verified response in addition to an affidavit under Chapter 63, it erred. We now consider whether the trial court erred in ruling that Appellant failed to satisfy the affidavit requirement of section 63.062(2)(b)2....

...ictionary, when necessary). This Court has already established that the typical dictionary definition of “affidavit” is “a statement or declaration in writing under oath.” See Swartz v. State, 316 So.2d 618, 622 (Fla. 1st DCA 1975). Thus, if section 63.062(2)(b)2 requires strict compliance with the affidavit requirement, as the trial court held, then Appellant failed to fulfill his statutory obligations because he did not take an oath when he signed the July 14, 2008, letter. Section 63.062(2) does not expressly state the required level of compliance. The pertinent language of section 63.062(2) regarding compliance is found in subsection (1), which provides that an unmarried biological father’s consent to an adoption is required only if he “has complied with the requirements of this subsection.” By omitting an adverb...

...This omission is significant because the Legislature used the phrases “substantial compliance” and “strict compliance” in two other areas of Chapter 63, showing that it recognized different levels of compliance with respect to the requirements imposed on parents in adoption cases. Compare § 63.062(3) with § 63.063(1). Section 63.062(3) requires an adoption agency seeking to place a child for adoption to notify the child’s unmarried biological father that, to contest the adoption, he is required “within 30 days after service, [to] file with the court a verified...

...compliance in the provisions setting forth the legislative intent to govern the entire chapter. It would also ignore the fact that at least some portion of Chapter 63 requires only *1110 substantial compliance, as reflected by the plain language of section 63.062(3). Even if section 63.063(1) were properly interpreted as a statement of general legislative intent for Chapter 63, this observation would not end our analysis of the level of compliance required under section 63.062(2)(b)2. When two statutory provisions conflict, the specific provision controls over the general one. Murray v. Mariner Health, 994 So.2d 1051, 1061 (Fla.2008). Section 63.062(3) specifically references section 63.062(2)(b)2, while section 63.063 does not. Thus, the proper interpretation of the level of compliance required for section 63.062(2) depends on a proper construction of section 63.062(3)....

...ontains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2.” This language may be interpreted in two ways. It may be construed as notifying the father that his response as a whole must substantially comply with section 63.062(2)(b)2. Alternatively, it may be construed as advising the father that the content of the pledge contained in the response must substantially comply with the content identified in section 63.062(2)(b)2....

...We have also borne in mind that if a statute may be construed in more than one way, one of which is unconstitutional, courts should adopt the constitutional construction. See Vildibill v. Johnson, 492 So.2d 1047, 1050 (Fla.1986). A comparison of the texts of subsections (3) and (2)(b)2 of section 63.062 reveals that the Legislature did not intend for the rigid application of the procedural aspects of section 63.062(2)(b)2 to determine whether a father should have the opportunity to develop a relationship with his child. If an unmarried biological father were to follow the instructions in the statutorily-specified notice of section 63.062(3), he would file a verified response....

...Because an affidavit requires an oath, Swartz, 816 So.2d at 622, and a verified response does not, see section 92.525, a verified response is not necessarily an affidavit. Thus, an unmarried biological father could conceivably strictly follow the instructions of the notification outlined in section 63.062(3), but still fail to strictly comply with the affidavit requirement of section 63.062(2)(b)2....

...er manner for a father to assert his rights and then obtain a ruling that the father’s consent is not required because he complied with the statutorily required notice, rather than the statute itself. In a case concerning the notice requirement of section 63.062(3), the Florida Supreme Court noted that “[allowing an adoption entity to have unfettered discretion in deciding whether to serve an unmarried biological father with an adoption plan may ......

...Allowing adoption agencies to serve notice that does not accurately reflect the requirements of the statute may implicate the same due process concerns. Furthermore, the Legislature’s lack of precision in its choice of words in the notice provision of section 63.062 indicates that it was less concerned with the form of an unmarried biological father’s response to a notice of intended adoption plan than with the substance of it....

...islative intent” and appearing to question whether such analyses can “ever assist in determining legislative intent”). There is no question that, at a minimum, the Legislature intended to require only substantial compliance with the portion of section 63.062(2)(b)2 specifying the contents of an unmarried biological father’s pledge of commitment. See § 63.062(2)(b)2 (providing that a notice of intended adoption plan must advise an unmarried biological father of the requirement to “file with the court a verified response that contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2”). Therefore, Appellee’s citation of a single statement in a single staff analysis that contradicts this language has played no part in our analysis of the level of compliance required for section 63.062(2)(b)2. Based on a comparison of paragraphs (3) and (2)(b)2 of section 63.062, we hold that an unmarried biological father is required to substantially comply with section 63.062....

...ected child. Rather, we wish to emphasize that Chapter 63 does not elevate form over substance in the manner Appellee has suggested. In this case, the undisputed facts show that Appellant was substantially compliant with the affidavit requirement of section 63.062(2)(b)2....

...His original breach was so minor that even the adoption agency appears not to have noticed it until more than four months after the letter was originally filed with the circuit court. Under these circumstances, the trial court erred in concluding that Appellant failed to comply with the affidavit requirement of section 63.062(2)(b)2....

...(Appellant) seeks review of a final order determining that his consent was not required for the adoption of his biological child and a companion order terminating his access to the child. Appellant argues that the trial court erred in determining that section 63.062(2)(b)2, Florida Statutes (2008), requires strict compliance to the extent that his timely filing of a notarized letter and subsequent filing of an affidavit were insufficient to meet the statutory obligation to file an affidavit within thirty days of service of a notice of intended adoption plan. He further argues that the trial court erred in construing section 63.062(3), Florida Statutes (2008), as imposing on him an obligation to file a verified response in addition to the affidavit required under section 63.062(2)(b)2. Finally, Appellant argues that section 63.062(2)(b)2 is unconstitutional as applied to him in this case....

...the constitutionality of statutes if the case in which the question arises may be effectively disposed of on other grounds."). Because the trial court improperly ruled, on summary judgment, that Appellant did not satisfy the affidavit requirement of section 63.062(2)(b)2, we reverse and remand for further proceedings consistent with this opinion....

...ed the following notification: "If you wish to contest this adoption plan, you must file with the circuit court ... within 30 days after service of this notice, a verified response (affidavit) including a commitment to the child that complies with F.S. 63.062(2)(b)2." Appellant responded to the notice by a notarized letter dated July 14, 2008....

...Appellee alleged that Appellant's consent to the adoption of his child was not required because he was an "unmarried biological father" within the meaning of section 63.032(19), Florida Statutes (2008), and he had not complied with the requirements of section 63.062(2). Section 63.062(2) provides as follows: 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....

...ilities for his child. On December 19, 2008, Appellee filed a Motion to Amend the Petition for Termination of Parental Rights. The proposed amended petition contained the additional argument that Appellant's July 14, 2008, letter did not comply with section 63.062(2)(b)2 because it was not an affidavit. To support this argument, Appellee alleged that Appellant had not taken an oath when his letter was notarized. Appellee further argued that section 63.062(3) imposes on unmarried biological fathers the obligation to file a verified response to a notice of intended adoption plan and that Appellant's July 14, 2008, letter did not constitute a verified response....

...To support its motion, Appellee deposed the person who *1107 notarized the July 14, 2008, letter. The notary's testimony revealed that he failed to administer an oath to Appellant, and this testimony was undisputed. The trial court concluded that Appellant was required to file an affidavit under section 63.062(2)(b)2 and a verified response under section 63.062(3)....

...table and permanent homes in a prompt manner. See § 63.022(1)(a). The above-quoted provisions also indicate the Legislature's intent to require specific actions on the part of unmarried biological fathers to preserve their rights to their children. Section 63.062 governs when a parent's consent is required for the adoption of his or her child....

...ence 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)." § 63.062(1)(b)5. Paragraph (2) states that an unmarried biological father's consent to an adoption "shall be necessary only if [he] has complied with the requirements of this subsection." § 63.062(2)(1). As noted above, one of the requirements of section 63.062(2) is for an unmarried biological father of a child less than six months of age to execute and file an affidavit "stating that he is personally fully able and willing to take responsibility for the child," upon service of a notice of intended adoption plan. Section 63.062(3) requires adoption agencies to serve notice on known and locatable unmarried biological fathers before initiating adoption proceedings....

...aph (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. § 63.062(3). Appellee convinced the trial court that section 63.062(3) imposes the requirement on unmarried biological fathers to file a verified response to the notice of intended adoption plan. It appears from the trial court's order that it believed an unmarried biological father is required to file both an affidavit, under section 63.062(2)(b)2, and a verified response, under section 63.062(3). We disagree with the trial court to the extent that it ruled that an unmarried biological father who files an affidavit under section 63.062(2)(b)2 may still be found noncompliant with Chapter 63 for failure to file a *1109 verified response. Section 63.062(3) dictates the actions of adoption agencies, not unmarried biological fathers. The specific statutory requirements to be imposed on unmarried biological fathers are set forth in section 63.062(2) alone. While section 63.062(3) is relevant to what an unmarried biological father should be expected to do under Chapter 63, it should not be interpreted as imposing requirements beyond those specified in section 63.062(2)....

...To the extent the trial court ruled that an unmarried biological father must file a verified response in addition to an affidavit under Chapter 63, it erred. We now consider whether the trial court erred in ruling that Appellant failed to satisfy the affidavit requirement of section 63.062(2)(b)2....

...e to a dictionary, when necessary). This Court has already established that the typical dictionary definition of "affidavit" is "a statement or declaration in writing under oath." See Swartz v. State, 316 So.2d 618, 622 (Fla. 1st DCA 1975). Thus, if section 63.062(2)(b)2 requires strict compliance with the affidavit requirement, as the trial court held, then Appellant failed to fulfill his statutory obligations because he did not take an oath when he signed the July 14, 2008, letter. Section 63.062(2) does not expressly state the required level of compliance. The pertinent language of section 63.062(2) regarding compliance is found in subsection (1), which provides that an unmarried biological father's consent to an adoption is required only if he "has complied with the requirements of this subsection." By omitting an adverb to mo...

...This omission is significant because the Legislature used the phrases "substantial compliance" and "strict compliance" in two other areas of Chapter 63, showing that it recognized different levels of compliance with respect to the requirements imposed on parents in adoption cases. Compare § 63.062(3) with § 63.063(1). Section 63.062(3) requires an adoption agency seeking to place a child for adoption to notify the child's unmarried biological father that, to contest the adoption, he is required "within 30 days after service, [to] file with the court a verified res...

...compliance in the provisions setting forth the legislative intent to govern the entire chapter. It would also ignore the fact that at least some portion of Chapter 63 requires only *1110 substantial compliance, as reflected by the plain language of section 63.062(3). Even if section 63.063(1) were properly interpreted as a statement of general legislative intent for Chapter 63, this observation would not end our analysis of the level of compliance required under section 63.062(2)(b)2. When two statutory provisions conflict, the specific provision controls over the general one. Murray v. Mariner Health, 994 So.2d 1051, 1061 (Fla. 2008). Section 63.062(3) specifically references section 63.062(2)(b)2, while section 63.063 does not. Thus, the proper interpretation of the level of compliance required for section 63.062(2) depends on a proper construction of section 63.062(3)....

...contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2." This language may be interpreted in two ways. It may be construed as notifying the father that his response as a whole must substantially comply with section 63.062(2)(b)2. Alternatively, it may be construed as advising the father that the content of the pledge contained in the response must substantially comply with the content identified in section 63.062(2)(b)2....

...We have also borne in mind that if a statute may be construed in more than one way, one of which is unconstitutional, courts should adopt the constitutional construction. See Vildibill v. Johnson, 492 So.2d 1047, 1050 (Fla.1986). A comparison of the texts of subsections (3) and (2)(b)2 of section 63.062 reveals that the Legislature did not intend for the rigid application of the procedural aspects of section 63.062(2)(b)2 to determine whether a father should have the opportunity to develop a relationship with his child. If an unmarried biological father were to follow the instructions in the statutorily-specified notice of section 63.062(3), he would file a verified response....

...Because an affidavit requires an oath, Swartz, 316 So.2d at 622, and a verified response does not, see section 92.525, a verified response is not necessarily an affidavit. Thus, an unmarried biological father could conceivably strictly follow the instructions of the notification outlined in section 63.062(3), but still fail to strictly comply with the affidavit requirement of section 63.062(2)(b)2....

...oper manner for a father to assert his rights and then obtain a ruling that the father's consent is not required because he complied with the statutorily required notice, rather than the statute itself. In a case concerning the notice requirement of section 63.062(3), the Florida Supreme Court noted that "[a]llowing an adoption entity to have unfettered discretion in deciding whether to serve an unmarried biological father with an adoption plan may ....

...Allowing adoption agencies to serve notice that does not accurately reflect the requirements of the statute may implicate the same due process concerns. Furthermore, the Legislature's lack of precision in its choice of words in the notice provision of section 63.062 indicates that it was less concerned with the form of an unmarried biological father's response to a notice of intended adoption plan than with the substance of it....

...ne legislative intent" and appearing to question whether such analyses can "ever assist in determining legislative intent"). There is no question that, at a minimum, the Legislature intended to require only substantial compliance with the portion of section 63.062(2)(b)2 specifying the contents of an unmarried biological father's pledge of commitment. See § 63.062(2)(b)2 (providing that a notice of intended adoption plan must advise an unmarried biological father of the requirement to "file with the court a verified response that contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2"). Therefore, Appellee's citation of a single statement in a single staff analysis that contradicts this language has played no part in our analysis of the level of compliance required for section 63.062(2)(b)2. Based on a comparison of paragraphs (3) and (2)(b)2 of section 63.062, we hold that an unmarried biological father is required to substantially comply with section 63.062....

...ected child. Rather, we wish to emphasize that Chapter 63 does not elevate form over substance in the manner Appellee has suggested. In this case, the undisputed facts show that Appellant was substantially compliant with the affidavit requirement of section 63.062(2)(b)2....

...His original breach was so minor that even the adoption agency appears not to have noticed it until more than four months after the letter was originally filed with the circuit court. Under these circumstances, the trial court erred in concluding that Appellant failed to comply with the affidavit requirement of section 63.062(2)(b)2....

...We have considered the other arguments raised by the birth parents and find that they do not warrant reversal. Affirmed. STEVENSON, C.J. and HAZOURI, J., concur. . The trial court did not rely on the adoptive parents' argument that the father's consent was not required under the recently enacted provisions of section 63.062(2), Florida Statutes (2004)....

...nce. He remained in the area and had infrequent contact with the mother. On September 21, 2011, prior to the birth of the child, S.C. was personally served with Notice of Intended Adoption Plan, Adoption Disclosure, and Acknowledgment as required by section 63.062(3), Florida Statutes (2011)....

...Putative Father Registry, that he file an affidavit containing a pledge of commitment to the child, and that he indicate his plans for caring for the child and agreement to contribute to the support of the child and the child’s birth expenses. See § 63.062(3)(a)(1)(a)-(c)....

...custody of, and timesharing with the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular....

...gned 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 time-frames, and has complied with the requirements of section 63.062(2), Florida Statutes....

...Determining whether someone’s consent is required, or when consent may not be required is a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular....

...There are no depositions to flesh out the facts in this case. The husband and wife are both pro se litigants and have not filed any pleadings or briefs with this court. . S.D. also attached to his petition to intervene an "acknowledgment of paternity,” which states that it is executed pursuant to section 63.062, Florida Statutes (1997)....

necessarily waives the consent requirement of section 63.062(1), Florida Statutes (2004), and his right

...If there had been no hearing conducted on appellant's motions, we could be constrained to reverse because, similar to the facts in Baby A., at the time the order was entered terminating appellant's parental rights, he did not fit into any of the categories of persons delineated in section 63.062(1)(b), Florida Statutes (2005), which specifies the conditions under which a father's parental rights may be terminated without his written consent....

...r, was not a parent under the Florida Adoption Act). We nevertheless affirm the order appealed because, in our opinion, the subsequent hearing conducted on appellant's motions established the fact that the minor was appellant's child, as required by section 63.062(1)(b)3, thereby authorizing the court to confirm the previously entered order terminating appellant's parental rights....

...es (2005), relating to a father's abandonment of his child, that appellant's status in such regard had been established during the later proceeding. As this Court recognized in B.B. v. P.J.M., 933 So.2d 57, 59 (Fla. 1st DCA 2006), the requirement in section 63.062(1)(b)3 that the minor be established by court proceeding to be the father's child is not limited to a formal paternity adjudication under chapter 742, Florida Statutes, but encompasses any court proceeding in which a material determination is made to such effect....

...was therefore entitled to notice of and full participation in the proceedings that led to termination of his parental rights. See In re Adoption of Baby A., 944 So.2d 380, 396 (Fla. 2d DCA 2006), review denied sub nom. Gift of Life Adoptions, Inc. v. A.S., 944 So.2d 344 (Fla.2006) ("Section 63.062(1)(b)(3) provides that a petition to terminate parental rights may be granted only after written consent or notice to a `father' under circumstances where `[t]he minor has been established by court proceeding to be his child.'"); B.B., 933 So.2d at 60....

...d. The biological father has not filed an affidavit of paternity pursuant to Fla. Stat. 382.013(2)(c). The biological father has not filed an acknowledgment of paternity with the Office of Vital Statistics of the Department of Health.... Pursuant to § 63.062, Fla....

...granted it because of the father's failure to comply with chapter 63 requirements, and thereafter dismissed the parentage action as moot. [5] Neither section 63.088, Florida Statutes (2005), relating to proceedings to terminate parental rights, nor section 63.062(3)(a), pertaining to adoption proceedings, requires an adoption agency to provide notice of same to an unmarried biological father who does not have the status of parent as defined in chapter 63....

...on the proposed change. Thus, Appellee asserts that this court should reverse and remand with directions that the trial court conduct an evidentiary hearing on the “court’s motion” to transfer venue. We reverse the trial court’s order under section 63.062(9), Florida Statutes, because the trial court had no authority to enter the order. Section 63.062, Florida Statutes, provides that a court may transfer venue of a petition for termination of parental rights pending adoption upon the objection of a parent whose consent is required for the adoption, “unless the objecting parent has previously executed a waiver of venue.” § 63.062(9), Fla....

...ustody of, and time sharing with the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular....

...igned 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 section 63.062(2)....

...Determining whether someone’s consent is required, or when consent may not be required — is a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular....

...relationship with a child. § 39.01(1), Fla. Stat. (2014) (emphasis added). Chapter 39 defines a “parent” as: [A] woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1)....

...If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include . . . an alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or s. 63.062(1). § 39.01(49), Fla....

...(2014) (emphasis added). When reading the definition of “parent” in conjunction with that of “abandonment,” we conclude that a prospective parent cannot abandon a child under Chapter 39, unless the prospective parent’s status falls within the terms of sections 39.503(1) or 63.062(1).4 See Heart of Adoptions, Inc. v....

...East-European Ins. Co., 921 So. 2d 587, 595 (Fla. 2006)). 4 Section 39.503, Florida Statutes (2014), illustrates the proper procedure a trial court should follow when the identity or location of a parent is unknown and a dependency petition has been filed. Section 63.062(1), Florida Statutes (2014), lists persons who are required to consent to an adoption. 4  In making this determination, we have considered the legislature’s finding “that time is of the...

...en DCF can proceed with a petition for termination of parental rights without concern that the TPR could be later undermined by the appearance of a prospective parent seeking to establish his or her parental rights. Neither section 39.503(1) nor section 63.062(1) is applicable to the instant case, and there is no evidence that DCF ever utilized section 39.803 to locate A.S....

...e facts. 1 Heart of Adoptions, Inc. (“the Agency”), filed a petition to terminate J.C.J.’s parental rights pending adoption pursuant to section 63.087. The trial court found that J.C.J.’s consent to adoption was not required here pursuant to section 63.062 because J.C.J....

...Gift of Life Adoptions, Inc., 944 So.2d 380 , 2006 WL 2033896 (Fla. 2d DCA July 21, 2006), the statute that authorizes the trial court to terminate parental rights pending adoption does not apply to cases, such as this, where the father has failed to comply with the registration requirements of section 63.062....

...2 Section 63.089(3) provides that “[t]he court may enter a judgment terminating parental rights pending adoption if the court determines by clear and convincing evidence, supported by written findings of fact, that each person whose consent to adoption is required under s. 63.062 ” meets one of nine specified criteria. (Emphasis added.) Under section 63.062, those whose consent is required include unmarried biological fathers who have registered with the Putative Father Registry....

...is not a “parent” under the Florida Adoption Act. Chapter 63 does not include a definition of parent but rather refers to section 39.01(49), Florida Statutes (2004), which defines a parent as a “man whose consent to the adoption of the child would be required under s. 63.062(1).” By alleging in its petition that J.C.J.’s consent is not required, the agency admitted that J.C.J....

...Since the opinion was not issued until after the original briefs were filed, we invited the parties to file supplemental briefs addressing the issue of whether the termination of parental rights pending adoption provisions applied to an individual whose consent was not required due to his failure to register as required by section 63.062....

...The erroneous judgment was based on a factor not included in the statutorily enumerated factors that authorize the trial court to terminate one’s parental rights. Moreover, the error is magnified because it prevents this same father from seeking meaningful review of the statutes that presumably negate his parental rights. Section 63.062(2)(d) states that an unmarried biological father who fails to comply with the registration requirements “is deemed to have waived and surrendered any rights in relation to the child, including the right to notice of any judicial proc...

...ild is not required.” By this statute, such a father is not a party to the adoption proceeding, nor is he entitled to notice of the adoption. However, should one such as J.C.J. desire to contest either the applicability or the constitutionality of section 63.062, the proper forum would be the adoption proceeding rather than the termination proceeding. The failure to register as required by section 63.062 is the basis for proceeding with the adoption without his consent, not the basis for the termination of his parental rights. Even though one such as J.C.J. would not receive formal notice of the adoption proceeding, should he have actual notice, he could move to intervene in the proceeding, alleging that due to the inapplicability or the unconstitutionality of the section 63.062 registration requirements, his consent to the adoption is required and he is an interested party....

...As a result, an erroneously entered judgment terminating the parental rights of a biological father who fails to comply with the registration statute effectively denies that father the op *910 portunity to challenge the registration requirements of section 63.062....

...state which is licensed by the department to place children in the State of Florida.” § 63.032(3), Fla. Stat. (2020). 2 the mother’s surrender or consent to adoption was required for several reasons. First, the court examined section 63.062(1)(a) and noted that the mother was “the first person listed as to from whom consent must be sought” to adopt....

...4  We first turn to the plain language of sections 63.082(6)(a) and (6)(b). “Parent” is defined in the statute as “a woman who gives birth to a child . . . or a man whose consent to the adoption of the child would be required under s. 63.062(1).” § 63.032(12), Fla....

...that failure to file a written response or appear at the hearing constitutes grounds for termination. The notice also informed K.D. that he must comply with the following provisions or he would surrender his rights to notice of any proceedings regarding *1245 N.M. and he would be deemed to consent to adoption: FURTHER, UNDER SECTION 63.062(2)(B)(2), YOU ARE HEREBY FURTHER NOTIFIED THAT WITHIN THIRTY (30) DAYS AFTER SERVICE OF THIS NOTICE UPON YOU, IF YOU DESIRE TO CONTEST THE BIRTH MOTHER'S ADOPTION PLAN: 1....

...On November 10, 2008, GLA filed a motion for summary judgment against K.D. in the termination action. The circuit court determined that, because K.D. failed to file a claim of paternity form with the Office of Vital Statistics or a response containing a pledge of commitment to N.M as required by section 63.062(2), Florida Statutes (2007), GLA was not required to procure his consent to the termination of his parental rights. The court entered an order granting summary judgment and terminating K.D.'s parental rights. K.D. raises five issues on appeal. First, K.D. argues that he was unable to file a claim of paternity form and comply with section 63.062(2) because the circuit court delayed too long in appointing counsel....

...argues that the court erred in resolving factual disputes about his compliance with the notice requirements in a summary judgment proceeding. I. The Statutory Scheme Generally, a father's written consent is required prior to the termination of his parental rights pending adoption. See § 63.062(1)(b)....

...sponsibilities of parenthood." § 63.022(1)(e), Fla. Stat. (2007). In order to preserve his right to notice and consent to an adoption, an unmarried biological father must comply with the dictates of both section 63.054, Florida Statutes (2007), and section 63.062(2)....

...Such a claim is timely if the unmarried biological father files it before the filing of a petition for termination of parental rights. § 63.054(1). The Office of Vital Statistics is precluded from recording a claim of paternity filed after the filing date of a petition for termination of parental rights. Id. Section 63.062(2) provides that "the consent of an unmarried biological father shall be necessary only if the unmarried biological father has complied with the requirements of this subsection." Subsection (2)(a) provides requirements for children "placed with adoptive parents more than 6 months after the child's birth," and subsection (2)(b) provides requirements for children who are "younger than 6 months of age at the time [they are] placed with the adoptive parents." Section 63.062(2)(a)(1) requires an unmarried biological father to 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 responsi...

...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. Section 63.062(2)(b) contains three requirements....

...birth in accordance with his financial ability" and if not prevented from doing so by the birth mother or the person or agency having lawful custody. An unmarried biological father who fails to comply with the requirements of sections 63.054(1) and 63.062(2) waives and surrenders his rights regarding the child. §§ 63.054(1), 63.062(2)(d)....

...Thus, he is not entitled to notice of judicial proceedings regarding the child's adoption, and he is not required to consent to the child's adoption. Id. However, an unmarried biological father is entitled to notice of the intended adoption plan before his rights can be deemed waived and surrendered. See § 63.062(3)(a); J.A., 963 So.2d at 199. The notice must specifically inform the unmarried biological father of his obligation to comply with the requirements of sections 63.054 and 63.062(2) and the consequences for failing to comply....

...Timeliness of Notice We address K.D.'s argument regarding the timeliness of notice first because it is dispositive of this case. K.D. argues that GLA should have provided him notice of his obligation to preserve his rights under sections 63.054 and 63.062(2) before filing the petition for termination of parental rights....

...J.A., 963 So.2d at 202. A failure to provide such notice requires reversal of an order terminating the unmarried biological father's parental rights and remand for an opportunity for the unmarried biological father to comply with sections 63.054 and 63.062(2) after notice is provided....

...was not served with notice of the intended adoption plan at any time. Accordingly, the circuit court erred in terminating K.D.'s parental rights because GLA did not provide K.D. with timely notice of and opportunity to comply with his obligations under sections 63.054(1) and 63.062(2). III. Sufficiency of Notice Although not necessary to our disposition, we next address K.D.'s argument that the notice of the petition was insufficient to inform him of his obligations under sections 63.054(1) and 63.062(2). K.D. argues that the notice provided by GLA erroneously asserted that he was required to file an affidavit containing a pledge of commitment to N.M. as required by section 63.062(2)(b). It does appear that the notice should not have contained such a provision in this case because section 63.062(2)(b) does not apply. At the time N.M. was placed with GLA, he was older than six months. Accordingly, the provisions of section 63.062(2)(a) would apply....

...g 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. § 63.062(2)(b)(2)....

...This requirement appears to be erroneous as to K.D. because subsection (2)(b)(2) applies when the child is less than six months of age. Subsection (2)(a) does not contain a similar requirement for children who are placed with adoptive parents more than six months after birth. We recognize that section 63.062(3)(a) requires that a notice "must specifically state that if the unmarried biological father desires to contest the adoption plan, he must file with the court, within 30 days after service, a verified response that contains a pledge o...

...A case management conference shallmay be ordered by the court within 60 days of the filing of a petition when: (A) there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded a person whose consent is required but who has not consented;...

...ferences, and Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet. Rule 12.200 was amended to reflect statutory changes to the Florida Adoption Act. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla....

...Rule 12.200, Case Management and Pretrial Conferences, is hereby amended to clarify that there should be a case management conference when there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes....

...(2) Adoption Proceedings. A case management conference shall be ordered by the court within 60 days of the filing of a petition when (A) there is a request for a waiver of consent to a termination of parental rights by those persons of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded....

...But this fact alone does not deprive the court of subject matter jurisdiction. The record in a related appeal, case number 95-02364, reveals that a Georgia court has rescinded the temporary custody order. The child is now living in Georgia with R.A.B. and his wife pursuant to a revised *1306 custody order. Section 63.062(2), Florida Statutes (1993), permits the trial court to require a consent to adopt from either the couple in Georgia who has legal custody of the child or from the Georgia court that has jurisdiction to determine custody....

order petitioners became her legal guardians. Section 63.062(l)(c), Florida Statutes (1993), expressly provides

...stody of, and time- sharing with the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This form should be typed or printed in black ink....

...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 section 63.062(2), Florida Statutes. Determining whether someone’s consent is required, or when consent may not be required is a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular. This form should be typed or printed in black ink....

...He married the natural mother of the children in 1992. The natural father is deceased. The appellant filed a petition for adoption by a stepparent along with the written consent of the natural mother and the only child more than twelve years of age, as required by section 63.062(l)(a) and (c), Florida Statutes (1993)....

...We have jurisdiction. See art. V, § 2(a), Fla. Const. In 2001, the Florida Legislature enacted extensive revisions to the Florida Adoption Act, some of which require amendments to rule 12.200. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla....

...(2)Adoption Proceedings. A case management conference shall be ordered by the court within 60 days of the filing of a petition when (A) there is a request for a waiver of consent to an adoptiona termination of parental rights by those persons required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to adeptterminate parental rights pending adoption is not being afforded a person whose consent is required but who has not consented; (C) there is an objection to venue, whi...

...her custody. We conclude that the grandmother should have been allowed to intervene in this adoption proceeding. First, the grandmother’s motion raised the issue of whether the reputed father had any right to consent to the adoption of this child. Section 63.062, Florida Statutes (1993), provides in part: Persons required to consent to adoption.— (1) Unless consent is excused by the court, a petition to adopt a minor may be *1262 granted only if written consent has been executed after the birth of the minor by: (a) The mother of the minor....

...ther’s rights to the child. 6 The trial court erred in its interpretation of the statutes governing the executions of consent to adoption. In the situation presented, the Legal Father had standing and, in fact, his consent was required pursuant to section 63.062(1), Florida Statutes (2003)....

...doption may be granted only if written consent has been executed ... or notice has been served ... 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....” Section 63.062’s requirements are incorporated into the general provisions governing the proceeding to terminate parental rights pending adoption set out in section 63.087. It appears that the trial court overlooked section 63.062’s requirements by which the Legal Father’s consent was required....

adoption of a minor child are enumerated under section 63.062(1). The father’s consent is required when any

married the mother and sought to adopt the child. Section 63.062, Florida Statutes (1997), governs our disposition

...Ap-pellees objected to the motion on standing grounds. The trial court ruled that the siblings lacked standing to contest the adoption, and, alternatively found that removing the child from her adoptive home would not be in her best interest. On the standing issue, the trial court stated: Section 63.062, Florida Statutes, sets out the requirements for who may be required to consent to an adoption....

...See Fla. R.App. P. 9.130(a)(8)(B). ' The questions presented involve statutory interpretation, reviewed de novo. Fla. Dep’t of Transp. v. Clipper Bay Invs., LLC, 160 So.3d 858, 862 (Fla.2015). The trial court erred in interpreting the governing statute, section 63.062(3) of the Florida Statutes, which provides in pertinent part as follows: [A]n adoption éntity shall serve'a notice of intended adoption plan upon any known and locatable unmarried biological father who is identified to the adoption en...

...by the mother. [[Image here]] (b) If the mother identifies a potential unmarried biological father within the timeframes required by the státute, whose location is unknown, the adoption entity shall conduct a diligent search pursuant to s. 63.088., § 63.062(3), (3)(b), Fla....

...Under the clear and unambiguous provisions of the statute, the adoption- agency is not required to serve a notice of intended adoption plan on a putative father unless the mother has first identified a “known and locatable unmarried biological father ... by the date she signs her consent for adoption.” Id. at *922 § 63.062(3). Likewise, the statute does not require the agency to conduct a diligent search for the putative father unless the mother has identified a potential father “within the timeframes required-by the statute.” Id. - at § 63.062(3)(b). The “timeframes required by the statute” are consistently identified as the date the mother signs the consent for adoption. Id. at §§ 63.064(1) (governing actions required of an unmarried biological father to establish parental rights); 63.062(3) (concerning mother’s identification of knQwn and beatable unmarried biological fathers); 63.088(1), (4) (governing notice to unmarried biological father and inquiry by the court)....

...Further, the adoption statute places time limits on an unmarried biological father’s assertion of parental rights. An adoption agency is not required to serve notice of an intended adoption plan if a child is more than six months old when the mother executes consent for adoption. § 63.062(3), Fla....

...herefore entitled to the judgment terminating the biological father’s parental rights. In AS., we held that in a proceeding on a petition for termination of parental rights pending adoption, a putative father’s failure to meet the requirement of section 63.062(2), Florida Statutes (2004), for the filing of a notarized claim of paternity did not constitute a basis for terminating his parental rights....

...s therefore entitled to the judgment terminating the biological father's parental rights. In A.S., we held that in a proceeding on a petition for termination of parental rights pending adoption, a putative father's failure to meet the requirement of section 63.062(2), Florida Statutes (2004), for the filing of a notarized claim of paternity did not constitute a basis for terminating his parental rights....

...er 63, the Florida Adoption Act (the Act). A central feature of the Act is the Florida Putative Father Registry. See § 63.054. Another central feature of the Act is the authorization of petitions to terminate parental rights pending adoption. See §§ 63.062, .082, .087-.089. Section 63.062 sets forth various provisions governing the granting of such petitions. Section 63.062(2)(d) provides: An unmarried biological father who does not comply with each of the conditions provided in this subsection [including filing a claim of paternity with the Florida Putative Father Registry] 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. (Emphasis added.) See §§ 63.062(2)(b)(1); 63.054....

...fter the date a petition is filed for termination of parental rights." While I recognize that A.S. and J.C.J. both undertake a painstaking analysis of the statutory scheme, I believe that the analysis never truly comes to terms with the provision in section 63.062(2)(d) that an unmarried biological father who does not timely file a claim of paternity "is deemed to have waived and surrendered any rights in relation to the child." I am unpersuaded that a trial court errs in terminating *473 any ri...

...Father Registry and who is therefore by the unequivocal terms of the statute "deemed to have waived and surrendered" such rights. A judgment terminating any parental rights of such a biological father does nothing more than carry out the mandate of section 63.062(2)(d)....

...I believe that we should be very reluctant to depart from the general requirement that issues be properly preserved in the trial court and properly presented by the appellant on appeal. It should also be noted that to the extent concerns might be raised regarding the constitutionality of section 63.062(2)(d), such concerns were not presented or addressed in A.S....

...stody of, and time- sharing with the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This form should be typed or printed in black ink....

...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 section 63.062(2), Florida Statutes. Determining whether someone’s consent is required, or when consent may not be required is a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular. This form should be typed or printed in black ink....

PER CURIAM. The 2003 Florida Legislature amended numerous statutes related to adoption, in- *792 eluding sections 63.022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida Statutes (2002)....

...up all rights to and custody of the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular....

...gned 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 time-frames, and has complied with the requirements of section 63.062(2). Determining whether someone’s consent is required may be a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular....

...e institution of adoption itself would be threatened. Necessity for Natural Father’s Consent to the Adoption Pursuant to Florida’s current statute governing adoptions (Chapter 63), the natural father’s consent to this adoption was required. 11 Section 63.062(l)(b) provides that the natural father must give his written consent following the birth of the child, if he has filed an affidavit of paternity with the vital statistics office of the Department *1042 of Health and Rehabilitative Services....

...When the natural father learned the natural mother was pregnant, he initially attempted to have the pregnancy terminated, later agreed to the child being placed for adoption, and then did nothing showing continual and repetitive prenatal support. Fla.Stat. § 63.062(l)(b)(5) (1985); Wylie v....

...es toward prenatal medical bills, food, or medications, and only one month’s rent. As such, there was a shirking of the responsibilities cast by law and nature. Hinkle v. Lindsey, 424 So.2d 983 (Fla. 5th DCA 1983); Wylie v. Botos, supra; Fla.Stat. § 63.062(l)(b)(5) (1985)....

...n to adopt had been filed did the natural father file his acknowledgment of paternity (some two months after the child’s birth). The Fourth District Court of Appeal held that the natural father was estopped to claim his consent was necessary under section 63.062(1)....

...584 , 277 A.2d 566 (A.D.1971); In re G.K.D., 332 S.W.2d 62 (Mo.App.1960). . Guerra v. Doe, 454 So.2d 1 (Fla. 3rd DCA 1984), review denied, 462 So.2d 1106 (Fla.1985). . The natural father’s written consent is also required in other circumstances not relevant to this case. . § 63.062(1), Fla.Stat....

those petitions, however, was the mandate of Section 63.062(3)(b), Florida Statutes (1975), complied with

...necessarily in the best interest of the child. For the reasons set forth below, we reverse the order terminating S.M.K's ("Father") parental rights, which deemed Father's consent unnecessary for the relative adoption of O.R.K. ("Child"), pursuant to section 63.062(2), Florida Statutes (2016)....

...Aunt and Uncle filed a joint petition to terminate parental rights and for the relative adoption of Child, which sought to deem Father's consent to the adoption unnecessary. Following an evidentiary hearing, the court granted the petition, deeming Father's consent unnecessary pursuant to section 63.062(2), Florida Statutes (2016), and finding that Father abandoned Child....

...o effort to support his child, until Court ordered [Father] to do so." The court's order focused primarily upon Father's lack of financial support of Child to conclude that Father failed to demonstrate a "full commitment" to being a parent to Child. Section 63.062(1) provides that the consent of certain persons is required before an adoption petition may be granted. See § 63.062(1), Fla. Stat. (2016). Nonetheless, a finding of abandonment under section 63.089(3) waives the consent requirement of any persons under section 63.062(1)....

...nterest lacks standing to set aside a judgment of adoption.”); cf. § 63.0425(3), Fla. Stat. (2012) (stating that a grandparent’s right to notice, if any, “does not apply in stepparent adoptions”). Nor was her consent required. See generally § 63.062, Fla....

Restatement § 243(3); see also Williston on Contracts, § 63:62, at 693 (4th ed.2002). This is so because the injured

...inor, has filed such acknowledgment with the Office of Vital Statistics for the Department of Health within the required timeframes, and has complied with the requirements of section 63.062(2), Florida Statutes; and  Any person lawfully entitled to custody of the minor child if required by the court. The location of the person must be unknown....

...inor, has filed such acknowledgment with the Office of Vital Statistics for the Department of Health within the required timeframes, and has complied with the requirements of section 63.062(2), Florida Statutes; and  Any person lawfully entitled to custody of the minor child if required by the court. The location of the person must be unknown....

...(2) Adoption Proceedings. A case management conference shall be ordered by the court within 60 days of the filing of a petition when (A) there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded a person whose consent is required but who has not consented; (C) there is an objection to venue, which wa...

...later filed a handwritten motion for the appointment of counsel to represent him in the termination proceeding. GLA then filed a motion for default, arguing that because S.R.B. failed to comply with the statutory requirements of sections 63.062(2)(b)(2) and (3)(a), Florida Statutes (2017), his handwritten responses were insufficient, and he had therefore waived and surrendered any rights to the child....

..."might reach" concerning the appointment of counsel were not dicta, they conflict with the Fourth District's holding in K.H. v. Children's Home Society, 120 So. 3d 104 (Fla. 4th DCA 2013). In K.H., the Fourth District concluded that "[u]ntil a putative father complies with the statute [section 63.062], he has no constitutionally-protected right to counsel." 120 So....

...*308 (2) Adoption Proceedings. A case management conference shall be ordered by the court within 60 days of the filing of a petition when (A) there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded a person whose consent is required but who has not consented; (C) there is an objection to venue, which wa...

the trial judge’s conclusion. According to section 63.-062(l)(b), Florida Statutes (1987), if a father

the petitioner requested that, pursuant to section 63.062(7), Florida Statute (2021), the trial court

...Florida law also recognizes that distinction. In Florida, notice is not given based on a putative father’s biological connection to the child alone. Rather, the unmarried father must take some statutorily mandated steps to protect his. inchoate due process rights. See §§ 63.054, 63.062, Fla....

...Illinois, *177 405 U.S. 645 , 92 S.Ct. 1208 , 31 L.Ed.2d 551 (1972), which required notice and hearing to a biological father before his parental rights could be terminated when the father lived with the children and supported them for many years. See § 63.062(1 (b)(4)-(5), Florida Statutes (effective July 1, 1975) (requiring notice to putative father concerning child's adoption if he has acknowledged and supported child); Herzog, 317 So.2d at 867 n....

January 1995. E.P.A. consented to the adoption. See § 63.062, Fla. Stat. (1993). O.A.H. refused to consent

...The issue we address is whether a putative father, who properly registers pursuant to section 63.054, Florida Statutes (2004), but fails to subsequently update his registration after he changed residences, necessarily waives the consent requirement of section 63.062(1), Florida Statutes (2004), and his right to notice of adoption and termination of parental rights proceedings when the petitioner has actual or constructive knowledge of the whereabouts of the putative father....

...biological father to timely file a claim of paternity with the Registry in order to preserve the right to notice and consent to an adoption. See § 63.054, Fla. Stat. (2004); see also Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 196 (Fla.2007). Section 63.062 contains additional requirements the putative father must meet in order to preserve the necessity of his consent to the adoption. Section 63.062 applies where, as in the instant case, grounds for termination of parental rights have not been established. [2] If the putative father complies with section 63.062, "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...." § 63.062(1), Fla. Stat. (2004). In order to preserve the necessity of his consent, J.H. was required to comply with section 63.062(2)(b), which provides: With regard to a child who is younger than 6 months of age at the time the child is placed with the adoptive parents, an unmarried biological father must have demonstrated a full commitment to his parental respon...

...If he had knowledge of the pregnancy, paid a fair and reasonable amount of the 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. § 63.062(2)(b), Fla. Stat. (2004). Significantly, section 63.062(6) provides that the party petitioning for adoption "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." § 63.062(6), Fla....

...It is undisputed that J.H. timely filed his claim of paternity with the Registry in July 2004, prior to the child's birth in August 2004. The trial court in the adoption and termination proceedings did not consider whether J.H. was in compliance with section 63.062(2)(b) because he determined that J.H.'s failure to update his address with the Registry conclusively established that he was not entitled to notice and that his consent was not necessary....

...Apparently for the same reason, the trial court also did not consider whether the grandparents had made a diligent search for J.H. in accordance with section 63.054(13) or whether they had made good faith and diligent efforts to obtain written consent from J.H. pursuant to section 63.062(6)....

...REVERSED and REMANDED. PALMER, C.J. and ORFINGER, J., concur. NOTES [1] Other issues were raised, which include whether the statute of repose applies and whether J.H. was required to show support for the minor child or the birth mother in accordance with sections 63.062(2)(b)2....

...39.812 and this chapter.” § 63.037, Fla. Stat. (2015). “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.” § 63.062(7), Fla....

...t direct that the children be placed in the custody of someone whom DCF had disapproved”). However, the Department’s consent to an adoption -is not required ¡when the trial court, finds that the Department unreasonably withheld its consent. See § 63.062(7), Fla....

...the best interest of the child. For the reasons set forth below, we reverse the order terminating S.M.K’s (“Father”) parental rights, which deemed Father’s consent unnecessary for the relative adoption of O.R.K. (“Child”), pursuant to section 63.062(2), Florida Statutes (2016)....

...nate parental rights and for the relative adoption of Child, which sought to deem Father’s consent to the adoption unnecessary. Following an evidentiary hearing, the court granted the petition, deeming Father’s consent unnecessary pursuant to section 63.062(2), Florida Statutes (2016), and finding that Father abandoned Child. Our review of the trial court’s order is limited to determining whether there was clear and convincing evidence that Father abandoned Child....

...or no effort to support his child, until Court ordered [Father] to do so.” The court’s order focused primarily upon Father’s lack of financial support of Child to conclude that Father failed to demonstrate a “full commitment” to being a parent to Child. Section 63.062(1) provides that the consent of certain persons is required before an adoption petition may be granted. See § 63.062(1), Fla. Stat. (2016). Nonetheless, a finding of abandonment under section 63.089(3) waives the consent requirement of any persons under section 63.062(1)....

...There is competent and substantial evidence in the record to support the trial court’s determination that appellee, the natural father of the minor child born out of wedlock, had not abandoned the child after the mother’s death, but in fact had contributed to the child’s support in a repetitive, customary manner. Section 63.062, Fla.Stat....

S. v. S.H., 671 So.2d 260 (Fla. 4th DCA 1996); § 63.062, Fla. Stat. (1995). This child, from within days

...hearing on the proposed change. Thus, Appellee asserts that this court should reverse and remand with directions that the trial court conduct an evidentiary hearing on the "court's motion" to transfer venue. We reverse the trial court's order under section 63.062(9), Florida Statutes, because the trial court had no authority to enter the order. Section 63.062, Florida Statutes, provides that a court may transfer venue of a petition for termination of parental rights pending adoption upon the objection of a parent whose consent is required for the adoption, "unless the objecting parent has previously executed a waiver of venue." § 63.062(9), Fla....

...ldren is supported by competent substantial evidence. Under the Florida Adoption Act, chapter 63, Florida Statutes, written consent of the biological parents is required before a petition to terminate parental rights pending adoption may be granted. § 63.062(1), Fla....

search and inquiry must be conducted. Further, section 63.062, Florida Statutes (1997), which specifies the

...thereby declaring the child to be legally the child of the adoptive parent. See § 63.032(10), Fla. Stat. (1995). A court may grant a petition for the adoption of a child born in lawful wedlock only after both natural parents have consented. See id. § 63.062....

...al affair with appellant, and that she was not certain about the paternity of the child. On March 2, 1990, the trial court entered its order ruling on appellant’s objection to the adoption. The order contains the following findings: A. Pursuant to Section 63.062, Florida Statutes, the consent of John O’Bryan is not required to consummate this adoption....

...en months pregnant. The motion alleged that throughout her pregnancy, the natural mother told appellant and many other persons that appellant was the baby’s father. In addition to the foregoing, the allegations of the motion state that pursuant to section 63.062(l)(b), Florida Statutes, appellant’s consent to the adoption is required, because he had provided the child with support in a repetitive customary manner and had taken affirmative action to acknowledge paternity....

...The trial court entered a partial summary judgment in favor of appellant on the paternity issue, but ultimately granted the petition for stepparent adoption on the basis of In re Adoption of Mullenix, 359 So.2d 65 (Fla. 1st DCA 1978), concluding that the father’s consent was not required since he did not meet any of the section 63.062(1)(b) criteria prior to the filing of the original petition for adoption....

...This court reversed, finding that the natural father had taken affirmative action to establish paternity prior to the filing of the petition for adoption and long before entry of the final judgment. 548 So.2d at 908 . In this case, as in A.J.B., it was error to find that appellant did not meet any of the section 63.062(l)(b) criteria....

...e-birth support to his unborn child was relevant to his claimed right to refuse consent to the adoption of his child.” Id., at 746. Second, for approximately two weeks, appellant provided support in the repetitive, customary manner contemplated by section 63.062(l)(b)5. Third, appellant substantially complied with section 63.062(l)(b)4, in that he telephoned HRS and acknowledged paternity, although at the time of the hearing (when he was not represented by counsel), he had not made a formal written acknowledgment or filed same with the office of vital statistics....

...rationale, appellant had up until the issuance of the final judgment to meet the subsection (l)(b)4 criterion. Finally, we agree with appellant that In re Adoption of Mullenix is inapposite to this case, because the unwed father in Mullenix did not meet any of the section 63.062(1)(b) criteria, while appellant in this case provided support as contemplated by subsection (l)(b)5, *990 and took affirmative action to acknowledge paternity in the manner contemplated by subsection (l)(b)4....

...ustody of, and time sharing with the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular....

...igned 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 section 63.062(2)....

...Determining whether someone's consent is required, or when consent may not be required—is a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 in particular....

...Finally, he noted neither the Mother nor C.M. had been involved with the children. 1See Simmonds v. Perkins, 43 Fla. L. Weekly D273, D274 (Fla. June 28, 2018); Dep't of Health & Rehab. Servs. v. Privette, 617 So. 2d 305, 307 (Fla. 1993). 2See § 63.062(2)(b)(1), Fla....

...After the evidentiary hearing below, the father revoked his consent but the court rejected the revocation. We reverse, because there is insufficient evidentiary support for the court's decision. See In re: Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). We affirm the father's remaining issues without comment. Section 63.062(1), Florida Statutes (2009), authorizes termination of parental rights pending adoption when the parents have executed written consent that complies with section 63.082, Florida Statutes (2009)....

...The parties next dispute the certified question of whether an unwed father’s failure to assume prebirth support responsibilities and medical expenses for an unwed natural mother who requires such assistance may constitute abandonment of the unborn child under chapter 63. Section 63.062(1) provides: (1) Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed after the birth of the minor by: (b) The father of the minor, if: 1....

...e in a dependency proceeding shall give rise to a rebuttable presumption of such person’s ability to provide for and communicate with the child. § 39.01(1), Fla.Stat. The natural father here filed an acknowledgment of paternity in accordance with section 63.062(1) on 19 September 1986....