63.064
Persons whose consent to an adoption may be waived.
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63.064 Persons whose consent to an adoption may be waived.—The court may waive the consent of the following individuals to an adoption:
(1) A parent who has deserted a child without means of identification or who has abandoned a child.
(2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.
(3) A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable.
(4) A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably.
(5) The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent.
History.—s. 14, ch. 2003-58.
Notes of Decisions
Cited in 10
cases, 2004–2016 · leading case: By v. Department of Children and Families
By v. Department of Children and Families (2004)
“…a court; or (3) the parent has been judicially declared incompetent and is medically unlikely to regain competence. § 63.064(1)-(3), Fla. Stat. (2003).”
JCJ v. Heart of Adoptions, Inc. (2008)
“while being able, makes no provision for the child's support and makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities.”
Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms (2004)
“For more information about situations where consent may not be required, see section 63.064, Florida Statutes. Section 63.”
In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS (2015)
“For more information about situations where consent may not be required, see section 63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney.”
In re Amendments to the Florida Supreme Court Approved Family Law Forms (2010)
“For more information about situations where consent may not be required, see section 63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney.”
Amendments to Approved Family Law Forms (2009)
“For more information about situations where consent may not be required, see section 63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney.”
In Re: Amendments to the Florida Supreme Court Approved Family Law Forms (2015)
“For more information about situations where consent may not be required, see section 63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney.”
In re Amendments to the Florida Supreme Court Approved Family Law Forms (2015)
“For more information about situations where consent may not be required, see section 63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney.”
Children's Home Society of Florida v. V.D. (2016)
“at §§ 63.064(1) (governing actions required of an unmarried biological father to establish parental rights); 63.”
In Re Amend. to the Fla. Family Law Forms (2010)
“For more information about situations where consent may not be required, see section 63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney.”
— 63.064(1) — 3 cases
By v. Department of Children and Families (2004)
“…a court; or (3) the parent has been judicially declared incompetent and is medically unlikely to regain competence. § 63.064(1)-(3), Fla. Stat. (2003).”
JCJ v. Heart of Adoptions, Inc. (2008)
“while being able, makes no provision for the child's support and makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities.”
Children's Home Society of Florida v. V.D. (2016)
“at §§ 63.064(1) (governing actions required of an unmarried biological father to establish parental rights); 63.”
— 63.064(4) — 1 case
By v. Department of Children and Families (2004)
“…a court; or (3) the parent has been judicially declared incompetent and is medically unlikely to regain competence. § 63.064(1)-(3), Fla. Stat. (2003).”
— 63.064(5) — 1 case
By v. Department of Children and Families (2004)
“…a court; or (3) the parent has been judicially declared incompetent and is medically unlikely to regain competence. § 63.064(1)-(3), Fla. Stat. (2003).”
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