Florida Statute 63.063 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.063

63.063 Responsibility of parents for actions; fraud or misrepresentation; contesting termination of parental rights and adoption.—

(1) Each parent of a child conceived or born outside of marriage is responsible for his or her actions and is not excused from strict compliance with 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).

(2) Any person injured by a fraudulent representation or action in connection with an adoption may pursue civil or criminal penalties as provided by law. A fraudulent representation is not a defense to compliance with the requirements of this chapter and is not a basis for dismissing a petition for termination of parental rights or a petition for adoption, for vacating an adoption decree, or for granting custody to the offended party. Custody and adoption determinations must be based on the best interests of the child in accordance with s. 61.13.

(3) The Legislature finds no way to remove all risk of fraud or misrepresentation in adoption proceedings and has provided a method for absolute protection of an unmarried biological father’s rights through compliance with this chapter. In balancing the rights and interests of the state and of all parties affected by fraud, including the child, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and, therefore, has the burden of preventing fraud.

(4) The Legislature finds that an unmarried biological father who resides in another state may not, in every circumstance, be reasonably presumed to know and comply with the requirements of this chapter. Therefore, if all of the following requirements have been met, an unmarried biological father may contest a termination of parental rights or subsequent adoption and, before entry of the final judgment of adoption, assert his interest in the child. Following such assertion, the court may proceed with an evidentiary hearing if:

(a) The unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided.

(b) The unmarried mother left that state without notifying or informing the unmarried biological father that she could be located in this state.

(c) The unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the mother is residing in this state.

(d) The unmarried biological father has substantially complied with the requirements of the state where the mother previously resided or was located in order to protect and preserve his parental interest and rights with regard to the child.

History.—s. 13, ch. 2003-58; s. 9, ch. 2008-151; s. 12, ch. 2012-81.

F.S. 63.063 on Google Scholar

F.S. 63.063 on Casetext

Amendments to 63.063

Arrestable Offenses / Crimes under Fla. Stat. 63.063

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.063.

Annotations, Discussions, Cases:

Cases Citing Statute 63.063

Total Results: 20

Smith v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: due process rights.”); State v. Potts, 526 So. 2d 63, 63 (Fla. 1988) (“The state through its criminal process

DANIELLA BECKER v. TIMOTHY BECKER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-20T00:53:00-07:00

Snippet: . Nat'l Bank of Broward Cnty., 256 So. 2d 63, 63–64 (Fla. 4th DCA 1971) (affirming service under

DEONTA HOWELL v. AMY U. HICKMAN

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-19T00:53:00-07:00

Snippet: with the Florida Putative Fathers Registry); § 63.063(2), Fla. Stat. (2018) (“A fraudulent representation… of the child in accordance with s. 61.13.”); § 63.063(3), Fla. Stat. (2018) (“In balancing the rights

TIMOTHY TURNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-19T00:00:00-08:00

Citation: 261 So. 3d 729

Snippet: -5- 2d 63, 63 (Fla. 1988) ("The state through its criminal

M.M. v. K.P.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-25T00:53:00-07:00

Snippet: the termination of parental rights, see, e.g., §§ 63.063, .087-.089, include no such provision. Nevertheless

M.M. v. K.P.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-25T00:00:00-07:00

Citation: 228 So. 3d 718

Snippet: the termination of parental rights, see, e.g., §§ 63.063, .087- 089, include no such provision. Nevertheless

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

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

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

Snippet: her future and the future of the child); id. § 63.063(2) (finding that “the interests of the state, the

Stephen C. Hanf v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-17T00:00:00-08:00

Citation: 182 So. 3d 704

Snippet: sentencing); see also State v. Potts, 526 So.2d 63, 63 (Fla.1988) (“The state through its criminal process

Ds v. Jl

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-10T00:53:00-07:00

Citation: 18 So. 3d 1103

Snippet: parents in adoption cases. Compare § 63.062(3) with § 63.063(1). Section 63.062(3) requires an adoption agency…2." (emphasis added). In contrast, section 63.063(1) provides, "Each parent of a child conceived… (emphasis added). Appellee argues that section 63.063(1) unequivocally requires strict compliance with…63. We disagree. By its plain language, section 63.063(1) is specific to situations where a parent has… language of section 63.062(3). Even if section 63.063(1) were properly interpreted as a statement of

D.S. v. J.L.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-10T00:00:00-07:00

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

Snippet: parents in adoption cases. Compare § 63.062(3) with § 63.063(1). Section 63.062(3) requires an adoption agency…2)(b)2.” (emphasis added). In contrast, section 63.063(1) provides, “Each parent of a child conceived … (emphasis added). Appellee argues that section 63.063(1) unequivocally requires strict compliance with…63. We disagree. By its plain language, section 63.063(1) is specific to situations where a parent has… language of section 63.062(3). Even if section 63.063(1) were properly interpreted as a statement of

Heart of Adoptions, Inc. v. JA

Court: Fla. | Date Filed: 2007-07-12T00:53:00-07:00

Citation: 963 So. 2d 189

Snippet: substantiate a parental interest." Section 63.063(4)(d), Florida Statutes (2005), refers to an out-of-state

In Re Adoption of Baby A.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-21T00:53:00-07:00

Citation: 944 So. 2d 380

Snippet: [10] A.S. acknowledged, however, that section 63.063, Florida Statutes (2004), provides in pertinent

Sneed v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-05T00:00:00-08:00

Citation: 749 So. 2d 545

Snippet: time on appeal. See Acosta v. State, 489 So.2d 63, 63 n. 1 (Fla. 4th DCA 1986)(citing State v. Johnson

Amendments to the Florida Family Law Rules

Court: Fla. | Date Filed: 1998-02-25T23:53:00-08:00

Citation: 713 So. 2d 1

Snippet: listed above) 63. ________________________________________________________________ 63. _________ 64

Sammons v. Sammons

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-03T00:00:00-08:00

Citation: 479 So. 2d 223

Snippet: Florida); In re Marriage of Miller, 108 Ill. App.3d 63, 63 Ill.Dec. 797, 438 N.E.2d 939, 942 (1982) (where

Davis v. Roos

Court: Fla. Dist. Ct. App. | Date Filed: 1976-02-02T23:53:00-08:00

Citation: 326 So. 2d 226

Snippet: ] People ex rel. Rago v. Lipsky, 327 Ill. App. 63, 63 N.E.2d 642 (1945). [6] Freeman v. Hawkins, 77

Fincher Motor Sales, Inc. v. Lakin

Court: Fla. Dist. Ct. App. | Date Filed: 1963-10-08T00:53:00-07:00

Citation: 156 So. 2d 672

Snippet: of Silas Howard Lakin, deceased, Appellee. No. 63-63. District Court of Appeal of Florida. Third District…accident in question." [3] See Note 1. 63-63 District Court of Appeal of Florida fladistctapp

Brandt v. Brandt

Court: Fla. | Date Filed: 1936-04-11T00:00:00-08:00

Citation: 167 So. 524, 123 Fla. 680, 1936 Fla. LEXIS 1029

Snippet: Lorenzo v. Di Lorenzo, 174 N.Y. 467, 67 N.E. Rep. 63, 63 L.R.A. 92, correctly states the applicable law.

Davis v. City of Clearwater

Court: Fla. | Date Filed: 1932-01-12T00:00:00-08:00

Citation: 139 So. 825, 104 Fla. 42

Snippet: 449; Withnell v. Ruecking Const. Co., 249 U.S. 63, 63 L.Ed. 479, 39 Sup. Ct. Rep. 200. And what is true

Whitney v. Hillsborough County

Court: Fla. | Date Filed: 1930-03-25T00:00:00-08:00

Citation: 127 So. 486, 99 Fla. 628

Snippet: , 24 L.Ed. 616; Withnell v. Kneekling, 249 U.S. 63, 63 L.Ed. 479; Fallbrook Dist. v. Bradley, 164 U.S.