Florida Statute 63.87 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

View Entire Chapter

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 CourtListener

Amendments to 63.087

Annotations, Discussions, Cases:

Cases Citing Statute 63.087

Total Results: 37

Heart of Adoptions, Inc. v. JA

963 So. 2d 189, 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2371655

Cited 134 times | Published

of parental rights against J.A. Pursuant to section 63.087, Florida Statutes (2005), HOA served J.A. with

In Re SNW

912 So. 2d 368, 2005 WL 2467056

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 1755613

Cited 9 times | Published

terminate parental rights pending adoption. See § 63.087, Fla. Stat. (2004). The petition was not filed

In Re Baby RPS

942 So. 2d 906, 2006 WL 2683776

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 1471529

Cited 4 times | Published

parental rights pending adoption pursuant to section 63.087. The trial court found that J.C.J.'s consent

In re Adoption of K.A.G.

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

District Court of Appeal of Florida | Filed: Dec 24, 2014 | Docket: 60244726

Cited 3 times | Published

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

In Re Adoption of Baby A.

944 So. 2d 380, 2006 WL 2033896

District Court of Appeal of Florida | Filed: Jul 21, 2006 | Docket: 1649311

Cited 3 times | Published

by Gift of Life Adoptions, Inc., pursuant to section 63.087, Florida Statutes (2004). He also appeals an

Bb v. Pjm

933 So. 2d 57, 2006 WL 1373243

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 1712103

Cited 3 times | Published

their Petition for Family Adoption pursuant to section 63.087, Florida Statutes (2004). The petition specifically

Adoption Miracles, LLC v. S.C.W.

912 So. 2d 368, 2005 Fla. App. LEXIS 16035

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 64840609

Cited 3 times | Published

terminate parental rights pending adoption. See § 63.087, Fla. Stat. (2004). The petition was not filed

In Re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation

30 So. 3d 477, 34 Fla. L. Weekly Supp. 576, 2009 Fla. LEXIS 1795, 2009 WL 3296237

Supreme Court of Florida | Filed: Oct 15, 2009 | Docket: 1120602

Cited 2 times | Published

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

D.S. v. J.L.

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

District Court of Appeal of Florida | Filed: Aug 10, 2009 | Docket: 60251962

Cited 2 times | Published

Termination of Parental Rights, pursuant to section 63.087(4), Florida Statutes (2008). Appellee alleged

Ds v. Jl

18 So. 3d 1103, 2009 WL 2424306

District Court of Appeal of Florida | Filed: Aug 10, 2009 | Docket: 1640592

Cited 2 times | Published

Termination of Parental Rights, pursuant to section 63.087(4), Florida Statutes (2008). Appellee alleged

The Florida Bar v. Dove

985 So. 2d 1001, 2008 WL 2373903

Supreme Court of Florida | Filed: Jun 12, 2008 | Docket: 1254395

Cited 2 times | Published

termination of parental rights as required by section 63.087(6)(e), Florida Statutes (2002). On July 26

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

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

District Court of Appeal of Florida | Filed: Aug 12, 2016 | Docket: 60256378

Cited 1 times | Published

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

S.C. v. Gift of Life Adoptions

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

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225956

Cited 1 times | Published

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

M.M.F./Adoption Entity v. K.O.

4 So. 3d 39, 2009 Fla. App. LEXIS 1095

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 60295064

Cited 1 times | Published

venue.” § 63.062(9), Fla. Stat. Further, under section 63.087(2)(b), Florida Statutes, the affected parent

SDT v. Bundle of Hope Ministries, Inc.

949 So. 2d 1132, 2007 WL 597042

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1375295

Cited 1 times | Published

3. Venue is proper in Duval County pursuant to § 63.087(4)(a)(3), Fla. Stat., as the location of the Adoption

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

Supreme Court of Florida | Filed: Mar 15, 2024 | Docket: 68344279

Published

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

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

Supreme Court of Florida | Filed: Mar 14, 2024 | Docket: 68272545

Published

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

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

Supreme Court of Florida | Filed: Feb 22, 2024 | Docket: 68272545

Published

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

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

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 67774356

Published

the child—to petition for adoption because section 63.087(4)(b) provides that [t]he petition [seeking

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

District Court of Appeal of Florida | Filed: Jan 26, 2022 | Docket: 62628739

Published

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

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

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

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

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

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

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

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

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627051

Published

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

Supreme Court of Florida | Filed: Nov 12, 2020 | Docket: 18620269

Published

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

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

District Court of Appeal of Florida | Filed: Aug 12, 2016 | Docket: 4119210

Published

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

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

145 So. 3d 967, 2014 Fla. App. LEXIS 13445, 2014 WL 4209216

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1145910

Published

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

In re Amendments to the Florida Family Law Rules of Procedure

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

Supreme Court of Florida | Filed: Nov 14, 2013 | Docket: 60236344

Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231167

Published

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

Y.M. v. Home At Last Adoption Agency

93 So. 3d 1112, 2012 WL 3044277, 2012 Fla. App. LEXIS 12219

District Court of Appeal of Florida | Filed: Jul 24, 2012 | Docket: 60310440

Published

Statutes, involves private adoptions. Pursuant to section 63.087(4), a petition to terminate parental rights

mmf/adoption Entity v. Ko

4 So. 3d 39, 2009 WL 331013

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 2525526

Published

venue." § 63.062(9), Fla. Stat. Further, under section 63.087(2)(b), Florida Statutes, the affected parent

J.C.J. v. Heart of Adoptions, Inc.

942 So. 2d 906, 2006 Fla. App. LEXIS 15505

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 64848004

Published

parental rights pending adoption pursuant to section 63.087. The trial court found that J.C.J.’s consent

B.B. v. P.J.M.

933 So. 2d 57, 2006 Fla. App. LEXIS 8011

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 64845699

Published

their Petition for Family Adoption pursuant to section 63.087, Florida Statutes (2004). The petition specifically

S.K.R. v. Department of Children & Family Services & Gift of Life Adoptions, Inc.

902 So. 2d 328, 2005 Fla. App. LEXIS 8061, 2005 WL 1249208

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838424

Published

parental rights pending adoption set out in section 63.087. It appears that the trial court overlooked

C.S. v. I.V.

899 So. 2d 444, 2005 Fla. App. LEXIS 4662, 2005 WL 767055

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 64837639

Published

having physical custody of the minor child.” See § 63.087(4)(b), Fla. Stat. (2003) (emphasis added).

Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms

870 So. 2d 791, 2004 WL 583720

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 64829869

Published

relative, and adult adoptions by amending section 63.087(5), Florida Statutes (2002), to provide that

GP v. State

842 So. 2d 1059, 2003 WL 1917260

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1730510

Published

that may have led to the child's conception. Section 63.087(6)(f) provides, in relevant part: (f) The petition

G.P. v. State

842 So. 2d 1059, 2003 Fla. App. LEXIS 5743

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 64822207

Published

that may have led to the child’s conception. Section 63.087(6)(f) provides, in relevant part: (f) The petition