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Florida Statute 63.088 - Full Text and Legal Analysis
Florida Statute 63.088 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
63.088 Proceeding to terminate parental rights pending adoption; notice and service; diligent search.—
(1) NOTICE REQUIRED.—An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur and that he has a duty to protect his own rights and interest. He is, therefore, entitled to notice of a birth or adoption proceeding with regard to that child only as provided in this chapter. If a mother fails to identify an unmarried biological father to the adoption entity by the date she signs her consent for adoption, the unmarried biological father’s claim that he did not receive actual notice of the adoption proceeding is not a defense to the termination of his parental rights.
(2) INITIATE LOCATION PROCEDURES.—When the location of a person whose consent to an adoption is required but is not known, the adoption entity must begin the inquiry and diligent search process required by this section within a reasonable time period after the date on which the person seeking to place a minor for adoption has evidenced in writing to the adoption entity a desire to place the minor for adoption with that entity, or not later than 30 days after the date any money is provided as permitted under this chapter by the adoption entity for the benefit of the person seeking to place a minor for adoption.
(3) LOCATION AND IDENTITY KNOWN.—Before the court may determine that a minor is available for adoption, each person whose consent is required under s. 63.062, who has not executed a consent for adoption or an affidavit of nonpaternity, and whose location and identity have been determined by compliance with the procedures in this section must be personally served, pursuant to chapter 48, at least 20 days before the hearing with a copy of the petition to terminate parental rights pending adoption and with notice in substantially the following form:

NOTICE OF PETITION AND HEARING
TO TERMINATE PARENTAL RIGHTS
PENDING ADOPTION

A petition to terminate parental rights pending adoption has been filed. A copy of the petition is being served with this notice. There will be a hearing on the petition to terminate parental rights pending adoption on   (date)   at   (time)   before   (judge)   at   (location, including complete name and street address of the courthouse)  . The court has set aside   (amount of time)   for this hearing.

UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY FILE A WRITTEN RESPONSE TO THIS NOTICE AND THE PETITION WITH THE COURT AND TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE OR ASSERT REGARDING THE MINOR CHILD.

(4) REQUIRED INQUIRY.—In proceedings initiated under s. 63.087, the court shall conduct an inquiry of the person who is placing the minor for adoption and of any relative or person having legal custody of the minor who is present at the hearing and likely to have the following information regarding the identity of:
(a) Any man to whom the mother of the minor was married at any time when conception of the minor may have occurred or at the time of the birth of the minor;
(b) Any man who has filed an affidavit of paternity pursuant to s. 382.013(2)(c) before the date that a petition for termination of parental rights is filed with the court;
(c) Any man who has adopted the minor;
(d) Any man who has been adjudicated by a court as the father of the minor child before the date a petition for termination of parental rights is filed with the court; and
(e) Any man whom the mother identified to the adoption entity as a potential biological father before the date she signed the consent for adoption.

The information sought under this subsection may be provided to the court in the form of a sworn affidavit by a person having personal knowledge of the facts, addressing each inquiry enumerated in this subsection, except that, if the inquiry identifies a father under paragraph (a), paragraph (b), paragraph (c), or paragraph (d), the inquiry may not continue further. The inquiry required under this subsection may be conducted before the birth of the minor.

(5) LOCATION UNKNOWN; IDENTITY KNOWN.—If the inquiry by the court under subsection (4) identifies any person who has not executed a consent to adoption or an affidavit of nonpaternity, and the location of the person is unknown, the adoption entity must conduct a diligent search for that person which must include inquiries concerning:
(a) The person’s current address, or any previous address, through an inquiry of the United States Postal Service through the Freedom of Information Act;
(b) The last known employment of the person, including the name and address of the person’s employer;
(c) Names and addresses of relatives to the extent they can be reasonably obtained from the petitioner or other sources, contacts with those relatives, and inquiry as to the person’s last known address. The petitioner must pursue any leads to any addresses where the person may have moved;
(d) Information as to whether or not the person may have died and, if so, the date and location;
(e) Telephone listings in the area where the person last resided;
(f) Inquiries of law enforcement agencies in the area where the person last resided;
(g) Highway patrol records in the state where the person last resided;
(h) Department of Corrections records in the state where the person last resided;
(i) Hospitals in the area where the person last resided;
(j) Records of utility companies, including water, sewer, cable television, and electric companies, in the area where the person last resided;
(k) Records of the Armed Forces of the United States as to whether there is any information as to the person;
(l) Records of the tax assessor and tax collector in the area where the person last resided; and
(m) Search of one Internet databank locator service.

A person contacted by a petitioner or adoption entity requesting records under this subsection must release the requested records to the petitioner or adoption entity without the necessity of a subpoena or a court order, except when prohibited by law. An affidavit of diligent search conducted in accordance with this section must be filed with the court. The diligent search may be conducted before the birth of the minor. A judgment terminating parental rights and approving a diligent search that fails to locate a person is valid and is not subject to direct or collateral attack because the mother failed or refused to provide the adoption entity with sufficient information to locate the person.

(6) CONSTRUCTIVE SERVICE.—This subsection only applies if, as to any person whose consent is required under s. 63.062 and who has not executed a consent to adoption or an affidavit of nonpaternity, the location of the person is unknown and the inquiry under subsection (4) fails to locate the person. The unlocated person must be served notice under subsection (3) by constructive service in the manner provided in chapter 49. The notice shall be published in the county where the person was last known to have resided. The notice, in addition to all information required under chapter 49, must include a physical description, including, but not limited to, age, race, hair and eye color, and approximate height and weight of the person, the minor’s date of birth, and the place of birth of the minor. Constructive service by publication shall not be required to provide notice to an identified birth father whose consent is not required pursuant to ss. 63.062 and 63.064.
History.—s. 17, ch. 2001-3; s. 18, ch. 2003-58; s. 13, ch. 2008-151; s. 16, ch. 2012-81.

F.S. 63.088 on Google Scholar

F.S. 63.088 on CourtListener

Amendments to 63.088


Annotations, Discussions, Cases:

Cases Citing Statute 63.088

Total Results: 20  |  Sort by: Relevance  |  Newest First

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Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007).

Cited 134 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660

...with a summons, notice of petition, and notice of hearing to terminate parental rights pending adoption. [5] The summons informed J.A. that he was "required to serve written defenses to the . . . petition." The notice of petition and notice of hearing, which were in the form prescribed by section 63.088(3), Florida Statutes (2005), informed J.A....
...ried biological father has a "parental interest" that is subject to termination under chapter 63 if the unmarried biological father does not take the actions available to him to preserve his right to consent to the termination and adoption. Finally, section 63.088, Florida Statutes (2005), which is titled " Proceeding to terminate parental rights pending adoption; notice and service; diligent search," states *198 that an unmarried biological father is deemed to be on notice, by virtue of the fact that he has engaged in a sexual relationship with a woman, that a pregnancy might occur and that an adoption proceeding might be brought and, therefore, has a duty to protect his own rights and interests. See § 63.088(1), Fla....
...e adoptive home, would be rendered meaningless. Section 63.062(3)(b) provides that "[i]f the [birth] mother identifies a potential unmarried biological father whose location is unknown, the adoption entity shall conduct a diligent search pursuant to s. 63.088." (Emphasis supplied.) If an adoption entity is not required to serve the notice of adoption plan on a known, locatable, unmarried biological father, the Legislature's mandate that the adoption entity conduct a diligent search to locate a potential father would be meaningless....
...n and a search of the Florida Putative Father Registry fails to reveal a match, the adoption entity shall request in the petition for termination of parental rights pending adoption that the court declare the diligent search to be in compliance with s. 63.088 and to further declare that the adoption entity shall have no further obligation to provide notice to the potential unmarried biological father and the potential unmarried biological father's consent to the adoption shall not be required....
...ctively and summarily terminate parental rights. A review of the statutory scheme reveals a reasonable construction that would comport with these constitutional parameters and the legislative intent of finality and stability in adoption proceedings. Section 63.088(1) states that "[a]n unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur." § 63.088(1), Fla....
...Construing the notice provision in section 63.062(3) as mandatory simply directs the adoption entity to provide the notice of intended adoption plan along with the adoption disclosure. In addition, if the inquiry conducted by the court pursuant to section 63.088 reveals a locatable unmarried biological father, both the adoption disclosure requirement under section 63.085 and the notice of intended adoption plan requirement under section 63.062(3) will be triggered....
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Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004).

Cited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732

...n intermediary, attorney, or agency is seeking fees, costs, or other expenses in excess of those provided under section 63.097 or 63.212(5), Florida Statutes; (E) an affidavit of diligent search and inquiry is filed in lieu of personal service under section 63.088(4), Florida Statutes; or (F) the court is otherwise aware that any person having standing objects to the termination of parental rights pending adoption....
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Bb v. Pjm, 933 So. 2d 57 (Fla. 1st DCA 2006).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 1373243

...ying" a man as a child's father is distinguishable from the concept of "establishing" whether the man is the child's legal father. The validity of this *70 distinction is buttressed by the inclusion in the Florida Adoption Act of the requirements of section 63.088(4), Florida Statutes (2004): In proceedings initiated under s....
...This statutory requirement merely allows for the identification of potentially interested men who might be "fathers" whose consent to the adoption might be required pursuant to section 63.062(1)(b), Florida Statutes (2004). The identification of potential fathers required by section 63.088(4) is comparable to DCF's "identification" of B.B. as the child's "father" in the dependency proceedings. The inevitable result of the majority's interpretation of section 63.062(1)(b)3. will be that, by filing the affidavit authorized by section 63.088(4), a party having personal knowledge of the facts in an adoption case will always be "establishing by court proceeding" that the unmarried biological father of the child is the child's legal father entitled to consent to the child's adoption pursuant to section 63.062(1)(b)3....
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In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896

...Because Judge Fleming's decision has altered the course of this case, it is worth emphasizing that her ruling has support within the applicable statutes and was not challenged in this court by writ of certiorari or prohibition. Proceedings to terminate parental rights pending adoption are explained in section 63.088, Florida Statutes (2004)....
...Subsection 4 of that statute is entitled "REQUIRED INQUIRY" and tells the trial court that it "must" conduct an inquiry regarding the identity of "any man with whom the mother was cohabiting at any time when conception of the minor may have occurred." § 63.088(4)(d)....
...n of any rights, inchoate or otherwise, that the father may have. The legislature's intent to treat an unmarried biological father such as A.S. as a "non-parent" who has no established rights requiring termination is further demonstrated in sections 63.088 and 63.089....
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The Florida Bar v. Dove, 985 So. 2d 1001 (Fla. 2008).

Cited 2 times | Published | Supreme Court of Florida | 2008 WL 2373903

...[3] Dove misrepresented *1005 facts known to her relating the birth father and the sufficiency of the documents presented to the trial court. The referee found that had Dove accurately represented these material facts, she would not have obtained a signed order terminating parental rights. See §§ 63.087; 63.088, Fla....
...Child" on July 19, 2002, stating that the "birth mother of this child has surrendered her parental rights by affidavit, and named a legal father. The legal father has surrendered his parental rights by affidavit." Cf. §§ 63.062(1)(d)3., 63.062(6), 63.088(2), Fla....
...Dove concealed this communication of the Biological Father from the circuit court and never disclosed the true facts. Cf. § 63.135(1)(c), Fla. Stat. (2002). The Biological Father was entitled to notice and his consent to the adoption was required. See §§ 63.062(1)(d)3., 63.062(6), 63.088(2), Fla....
...obtaining a written consent to adoption or an affidavit of nonpaternity from that identified person. Dove also was aware or should have been aware of the notice and search requirements relating to any "person whose consent is required" set forth in section 63.088, Florida Statutes (2002)....
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Amendments to Fl. Fam. Law Rules of Proc., 962 So. 2d 302 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 501, 2007 Fla. LEXIS 1235, 2007 WL 2002673

...alleged biological father. Chapter 2007-85, section 7 amends section 409.257, Florida Statutes (2006) to require that before such service of process may be made on a legal father in such a proceeding, the diligent search and inquiry requirements of section 63.088, Florida Statutes, must be satisfied by the petitioner, and the petitioner must "execute an affidavit of diligent search and file it with the court confirming each aspect of the diligent search enumerated in s[ection] 63.088(5) and specifying the results." However, chapter 409 applies only to actions brought by the Department of Revenue....
...result in termination of the legal father's parental rights. In conjunction with the amendment to rule 12.070, the Committee also proposes new form 12.913(c) (Affidavit of Diligent Search) to provide a *303 form affidavit meeting the requirements of section 63.088, Florida Statutes....
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SDT v. Bundle of Hope Ministries, Inc., 949 So. 2d 1132 (Fla. 1st DCA 2007).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 597042

...[2] This provision states in part: (1) Unless supported by one or more of the grounds enumerated under s. 63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088 to: ....
...A simultaneous hearing was conducted in both cases, and the trial court considered first the adoption agency's motion, granted it because of the father's failure to comply with chapter 63 requirements, and thereafter dismissed the parentage action as moot. [5] Neither section 63.088, Florida Statutes (2005), relating to proceedings to terminate parental rights, nor section 63.062(3)(a), pertaining to adoption proceedings, requires an adoption agency to provide notice of same to an unmarried biological father who does not have the status of parent as defined in chapter 63....
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In Re: Amendments to the Florida Fam. Law Rules of Procedure—2017 Regular-cycle Report, 227 So. 3d 115 (Fla. 2017).

Published | Supreme Court of Florida | 2017 WL 4416328

is filed in lieu of personal service under section 63.088(4), Florida Statutes; or '(F) the court
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Amendments to the Florida Fam. Law Rules of Procedure, 833 So. 2d 682 (Fla. 2002).

Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 822, 2002 Fla. LEXIS 1952, 2002 WL 31190920

is filed in lieu of personal service under section 63.088(4), Florida Statutes; or (F) the court is otherwise
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D. v. C.L.G., 37 So. 3d 897 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 6233

whether the trial court erred in ruling that (1) section 63.088(1), Florida Statutes (2007), runs afoul of
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Dp v. Clg, 37 So. 3d 897 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 WL 1791911

...Miller, Jacksonville, and Diane H. Tutt, Davie, for Appellants. Moses Meide, Jr., Jacksonville; Michael J. Korn and Mary C. Coxe of Korn & Zehmer, P.A., Jacksonville, for Appellees. BENTON, J. We are asked to decide whether the trial court erred in ruling that (1) section 63.088(1), Florida Statutes (2007), runs afoul of due process guarantees insofar as it deems unmarried biological fathers on notice that section 63.054, Florida Statutes (2007), requires them to file a claim of paternity with the Florida Puta...
...2d 800, 801-02 (N.Y.App.Div.1994) (holding Act did not toll six-month period unwed father had in which to assure that biological connection with child ripened into constitutionally protected liberty interest). In addition, the trial court ruled that section 63.088(1) could not be applied constitutionally in C.L.G.'s case, opining that "to find that [C.L.G.] had given up all rights to his child under these circumstances would be a violation of his due process and privacy rights." In reaching this...
...But the trial court's rulings overlook the fact that the registration requirement for preservation of paternal rights applies only to an "unmarried biological father." § 63.054(1), Fla. Stat. (2007). C.L.G. was no longer "unmarried," when the trial court ruled. Section 63.088(1) ceased to apply to C.L.G....
...hts. See Cashatt v. State, 873 So.2d 430, 436 (Fla. 1st DCA 2004) ("a statute is to be construed where fairly possible so as to avoid substantial constitutional questions"). A fortiori, any consequence the Act might have had for section 63.054(1) or 63.088(1) had no bearing on C.L.G.'s rights, once he was married to the child's mother....
...lost the statutory right to file a claim of paternity under section 63.054(1). When he married A.R.L., however, his failure to file a timely claim of paternity with the Registry became immaterial, because he was no longer subject to section 63.054(1) or 63.088(1)....
...er, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur and that he has a duty to protect his own rights and interest." § 63.088(1), Fla....
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Amendments to the Florida Fam. Law Rules of Procedure, 824 So. 2d 95 (Fla. 2002).

Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 542, 2002 Fla. LEXIS 1154, 2002 WL 1066145

inquiry is filed in lieu of personal sendee under section 63.088(4), Florida Statutes; or (EF) the court is
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B.B. v. P.J.M., 933 So. 2d 57 (Fla. 1st DCA 2006).

Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 8011

Florida Adoption Act of the requirements of section 63.088(4), Florida Statutes (2004): In proceedings
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Child.'s Home Soc'y of Florida v. V.D., 188 So. 3d 920 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 4700, 2016 WL 1178018

under Chapter 63 of the Florida Statutes. See § 63.088(4), Fla. Stat. (2016) (authorizing court inquiry
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In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms-12.913(a)(3)., 246 So. 3d 1131 (Fla. 2018).

Published | Supreme Court of Florida

obtain constructive service, as required by section 63.088(6), Florida Statutes (2017), in conjunction
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In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms - 12.913(A)(3) (Fla. 2018).

Published | Supreme Court of Florida

obtain constructive service, as required by section 63.088(6), Florida Statutes (2017), in conjunction
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In re Amendments to the Florida Fam. Law Rules of Procedure, 905 So. 2d 865 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100

is filed in lieu of personal service under section 63.088(4), Florida Statutes; or (F) the court is otherwise
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Amendments to the Florida Fam. Law Rules of Procedure, 853 So. 2d 303 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 627, 2003 Fla. LEXIS 1163, 2003 WL 21543753

is filed in lieu of personal service under section 63.088(4), Florida Statutes; or (F) the court is otherwise
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G.P. v. State, 842 So. 2d 1059 (Fla. 4th DCA 2003).

Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 5743

governed by section 63.088, Florida Statutes. Appellants challenge only subsection (5) of section 63.088, which
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GP v. State, 842 So. 2d 1059 (Fla. 4th DCA 2003).

Published | Florida 4th District Court of Appeal | 2003 WL 1917260

...on to terminate their parental rights. Because, in each case, the identity of the fathers is unknown, constructive notice is required under the challenged statutory provisions. Appellants moved for declaratory relief, challenging sections 63.087 and 63.088(5) as violative of their right to privacy guaranteed under the Fourteenth Amendment of the United States Constitution and Article I, § 23 of the Florida Constitution....
...g the county and state in which that city is located, of: a. The minor's mother; *1062 b. Any man who the mother reasonably believes may be the minor's father.... § 63.087(6)(f)1-3, Fla. Stat. (2002). Notice and service requirements are governed by section 63.088, Florida Statutes. Appellants challenge only subsection (5) of section 63.088, which states: (5) LOCATION UNKNOWN OR IDENTITY UNKNOWN....
...uding the county and state in which the city is located, in which conception may have occurred. If any of the facts that must be included in the notice under this subsection are unknown and cannot be reasonably ascertained, the notice must so state. § 63.088(5), Fla....
...In deciding whether this constitutional right is impacted, the courts consider both the individual's subjective expectation and the values of privacy that our society seeks to foster. Jackson v. State, 833 So.2d 243 (Fla. 4th DCA 2002). The concern as to sections 63.087 and 63.088(5) is that the offending provisions substantially interfere with both a woman's independence in choosing adoption as an alternative and with the right not to disclose the intimate personal information that is required when the father is unknown....

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