Florida Statute 63.087 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.087

63.087 Proceeding to terminate parental rights pending adoption; general provisions.—

(1) JURISDICTION.—A court of this state which is competent to decide child welfare or custody matters has jurisdiction to hear all matters arising from a proceeding to terminate parental rights pending adoption.

(2) VENUE.—

(a) A petition to terminate parental rights pending adoption must be filed:

1. In the county where the child resides; or

2. In the county where the adoption entity is located.

(b) If a petition for termination of parental rights has been filed and a parent whose consent is required objects to venue, there must be a hearing in which the court shall determine whether that parent intends to assert legally recognized grounds to contest a termination of parental rights and, if so, the court may transfer venue to a proper venue under this subsection. For purposes of selecting venue, the court shall consider the ease of access to the court for the parent and the factors set forth in s. 47.122.

For purposes of the hearing under this subsection, witnesses located in another jurisdiction may testify by deposition or testify by telephone, audiovisual means, or other electronic means before a designated court or at another location. Documentary evidence transmitted from another location by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. The court on its own motion may otherwise prescribe the manner and terms upon which the testimony is taken.

(3) PREREQUISITE FOR ADOPTION.—A petition for adoption may not be filed until after the date the court enters the judgment terminating parental rights pending adoption. The clerk of the court shall issue a separate case number and maintain a separate court file for a petition for adoption. A petition for adoption may not be maintained in the same court file as the proceeding to terminate parental rights. Adoptions of relatives, adult adoptions, or adoptions of stepchildren are not required to file a separate termination of parental rights proceeding pending adoption. In such cases, the petitioner may file a joint petition for termination of parental rights and adoption, attaching all required consents, affidavits, notices, and acknowledgments. Unless otherwise provided by law, this chapter applies to joint petitions.

(4) PETITION.—

(a) A proceeding seeking to terminate parental rights pending adoption pursuant to this chapter must be initiated by the filing of an original petition after the birth of the minor.

(b) The petition may be filed by a parent or person having physical custody of the minor. The petition may be filed by an adoption entity only if a parent or person having physical or legal custody who has executed a consent to adoption pursuant to s. 63.082 also consents in writing to the adoption entity filing the petition. The original of such consent must be filed with the petition.

(c) The petition must be entitled: “In the Matter of the Termination of Parental Rights for the Proposed Adoption of a Minor Child.”

(d) The petition to terminate parental rights pending adoption must be in writing and signed by the petitioner under oath stating the petitioner’s good faith in filing the petition. A written consent to adoption, affidavit of nonpaternity, or affidavit of diligent search under s. 63.088, for each person whose consent to adoption is required under s. 63.062, must be executed and attached.

(e) The petition must include:

1. The child’s name, gender, date of birth, and place of birth. The petition must contain all names by which the child is or has been known, excluding the child’s prospective adoptive name but including the child’s legal name at the time of the filing of the petition.

2. All information required by the Uniform Child Custody Jurisdiction and Enforcement Act and the Indian Child Welfare Act.

3. A statement of the grounds under s. 63.089 upon which the petition is based.

4. The name, address, and telephone number of any adoption entity seeking to place the child for adoption.

5. The name, address, and telephone number of the division of the circuit court in which the petition is to be filed.

6. A certification that the petitioner will comply with the requirements of s. 63.0425 regarding notice to grandparents of an impending adoption.

7. A copy of the original birth certificate of the child, attached to the petition or filed with the court before the final hearing on the petition to terminate parental rights.

(5) SUMMONS TO BE ISSUED.—The petitioner shall cause a summons to be issued substantially in the form provided in Form 1.902, Florida Rules of Civil Procedure. Petition and summons shall be served upon any person whose consent has been provided but who has not waived service of the pleadings and notice of the hearing thereon and also upon any person whose consent is required but who has not provided that consent.

(6) ANSWER AND APPEARANCE REQUIRED.—An answer to the petition or any pleading requiring an answer must be filed in accordance with the Florida Family Law Rules of Procedure. Failure to file a written response to the petition constitutes grounds upon which the court may terminate parental rights. Failure to personally appear at the hearing constitutes grounds upon which the court may terminate parental rights. Any person present at the hearing to terminate parental rights pending adoption whose consent to adoption is required under s. 63.062 must:

(a) Be advised by the court that he or she has a right to ask that the hearing be reset for a later date so that the person may consult with an attorney; and

(b) Be given an opportunity to admit or deny the allegations in the petition.

History.—s. 16, ch. 2001-3; s. 17, ch. 2003-58; s. 8, ch. 2005-2; s. 12, ch. 2008-151; s. 15, ch. 2012-81; s. 2, ch. 2023-257.

F.S. 63.087 on Google Scholar

F.S. 63.087 on Casetext

Amendments to 63.087

Arrestable Offenses / Crimes under Fla. Stat. 63.087

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.087.

Annotations, Discussions, Cases:

Cases Citing Statute 63.087

Total Results: 20

In Re: Amendments To Florida Family Law Rules Of Procedure – Forms 12.900(h) and 12.928

Court: Supreme Court of Florida | Date Filed: 2024-03-15

Snippet: proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to

In Re: Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928

Court: Supreme Court of Florida | Date Filed: 2024-03-14

Snippet: proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to

In Re: Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928

Court: Supreme Court of Florida | Date Filed: 2024-02-22

Snippet: proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to

HEART OF ADOPTIONS, INC. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-09-08

Snippet: terminate parental rights pending adoption. See §§ 63.087(4), .089. Heart of Adoptions could also file a

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

Court: District Court of Appeal of Florida | Date Filed: 2022-01-26

Snippet: 39 are exempt from the jurisdiction of section 63.087, as that section dealt with the termination of

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to

M.A.G. and W.H.M. v. ADOPTION OF J.S.M., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

Snippet: county where the adoption entity is located.” § 63.087(2)(a)2., Fla. Stat. (2020). Because the adoption

In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2020-11-12

Snippet: proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to

M.M. v. K.P.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

Citation: 228 So. 3d 718

Snippet: this warning written in all-caps: Under sections 63.087 and 63.089, Florida Statutes, failure to timely

M.M. v. K.P.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

Snippet: written in all-caps: Under sections 63.087 and 63.089, Florida Statutes, failure

N.A.G. v. J.L.G.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-12

Citation: 198 So. 3d 1025, 2016 Fla. App. LEXIS 12180, 2016 WL 4261865

Snippet: rights and subsequently adopt the-child. See § 63.087(4); see also V.C.B, v. Shakir, 145 So.3d 967, 968

N.A.G. v. J.L.G.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-12

Snippet: rights and subsequently adopt the child. See § 63.087(4); see also V.C.B. v. Shakir, 145 So. 3d 967

In re Adoption of K.A.G.

Court: District Court of Appeal of Florida | Date Filed: 2014-12-24

Citation: 152 So. 3d 1271, 2014 Fla. App. LEXIS 20849, 2014 WL 7331269

Snippet: complied with the statutory requirements under section 63.087, Florida Statutes (2013), for an adoption by a

V.C.B. and E.G.B. v. Sultan Shakir

Court: District Court of Appeal of Florida | Date Filed: 2014-08-27

Citation: 145 So. 3d 967, 2014 Fla. App. LEXIS 13445

Snippet: rights and adopt a child in the same petition. § 63.087(3), Fla. Stat. (2014). If a duly executed consent

Dinuro Investments, LLC v. Camacho

Court: District Court of Appeal of Florida | Date Filed: 2014-07-09

Citation: 141 So. 3d 731, 2014 WL 3290609, 2014 Fla. App. LEXIS 10511

Snippet: Limited Liability Companies, 58 Baylor L. Rev. 63, 87-110 (2006); Elizabeth J. Thompson, Direct

In re Amendments to the Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2013-11-14

Citation: 126 So. 3d 228, 38 Fla. L. Weekly Supp. 837, 2013 WL 6014354, 2013 Fla. LEXIS 2475

Snippet: proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital

Slowinski v. Sweeney

Court: District Court of Appeal of Florida | Date Filed: 2013-06-27

Citation: 117 So. 3d 73, 2013 WL 3215232, 2013 Fla. App. LEXIS 10236

Snippet: procedures. §§ 39.801, et seq., Fla. Stat.; see also §§ 63.087, 742.18, Fla. Stat. Upon the mother’s death in

D.M. v. Elizabeth R. Berkowitz, PA

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

Citation: 112 So. 3d 575, 2013 WL 1438253, 2013 Fla. App. LEXIS 5714

Snippet: the father’s rights was filed pursuant to section 63.087, Florida Statutes. That section requires an answer

S.C. v. Gift of Life Adoptions

Court: District Court of Appeal of Florida | Date Filed: 2012-11-09

Citation: 100 So. 3d 774, 2012 Fla. App. LEXIS 19447, 2012 WL 5458083

Snippet: consent for adoption is required under section 63.087(5) and (6). But under *776section 63.062(2)(d)