Florida Statutes
Fla. Stat. § 63.063 (2025)
Responsibility of parents for actions; fraud or misrepresentation; contesting termination of parental rights and adoption.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 9
cases, 2006–2019 · leading case: Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007).
Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007). “" Section 63.063(4)(d), Florida Statutes (2005), refers to an out-of-state unmarried biological father having taken necessary steps in that state to "protect and preserve his parental interest.”
In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006). “acknowledged, however, that section 63.063, Florida Statutes (2004), provides in pertinent part: (1) Each parent of a child conceived 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…”
D.S. v. J.L., 18 So. 3d 1103 (Fla. 1st DCA 2009). “062(2)(b)2, while section 63.063 does not. Thus, the proper interpretation of the level of compliance required for section 63.”
Ds v. Jl, 18 So. 3d 1103 (Fla. 1st DCA 2009). “062(2)(b)2, while section 63.063 does not. Thus, the proper interpretation of the level of compliance required for section 63.”
M.M. v. K.P., 228 So. 3d 718 (Fla. 2d DCA 2017). “, §§ 63.063, .087- 089, include no such provision.”
Deonta Howell v. Amy U. Hickman, 275 So. 3d 667 (Fla. 4th DCA 2019). “4th DCA 2017) (affirming denial of putative father’s motion to intervene and motion for relief from final judgment of termination of parental rights because putative father was not entitled to notice of proceedings where putative father did not timely register with the Florida…”
M.M. v. K.P. (Fla. 2d DCA 2017). “, §§ 63.063, .087-.089, include no such provision.”
Jennifer Feldman v. Adoption Star Agency (11th Cir. 2018). “, Fla. Stat. §§ 63.063 , 787.01, 984.02. But she doesn’t cite any federal statutes in her complaint or in her brief.”
Child.'s Home Soc'y of Florida v. V.D., 188 So. 3d 920 (Fla. 1st DCA 2016). “§ 63.063(2) (finding that “the interests of the state, the mother, the child, and the adoptive parents .”
— 63.063(1) — 2 cases
D.S. v. J.L., 18 So. 3d 1103 (Fla. 1st DCA 2009). “062(2)(b)2, while section 63.063 does not. Thus, the proper interpretation of the level of compliance required for section 63.”
Ds v. Jl, 18 So. 3d 1103 (Fla. 1st DCA 2009). “062(2)(b)2, while section 63.063 does not. Thus, the proper interpretation of the level of compliance required for section 63.”
— 63.063(2) — 2 cases
Deonta Howell v. Amy U. Hickman, 275 So. 3d 667 (Fla. 4th DCA 2019). “4th DCA 2017) (affirming denial of putative father’s motion to intervene and motion for relief from final judgment of termination of parental rights because putative father was not entitled to notice of proceedings where putative father did not timely register with the Florida…”
Child.'s Home Soc'y of Florida v. V.D., 188 So. 3d 920 (Fla. 1st DCA 2016). “§ 63.063(2) (finding that “the interests of the state, the mother, the child, and the adoptive parents .”
— 63.063(3) — 1 case
Deonta Howell v. Amy U. Hickman, 275 So. 3d 667 (Fla. 4th DCA 2019). “4th DCA 2017) (affirming denial of putative father’s motion to intervene and motion for relief from final judgment of termination of parental rights because putative father was not entitled to notice of proceedings where putative father did not timely register with the Florida…”
— 63.063(4)(d) — 1 case
Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007). “" Section 63.063(4)(d), Florida Statutes (2005), refers to an out-of-state unmarried biological father having taken necessary steps in that state to "protect and preserve his parental interest.”
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