Florida Statute 63.088 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.088

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;

(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 Casetext

Amendments to 63.088

Arrestable Offenses / Crimes under Fla. Stat. 63.088

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.088.

Annotations, Discussions, Cases:

Cases Citing Statute 63.088

Total Results: 20

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms - 12.913(A)(3)

Court: Supreme Court of Florida | Date Filed: 2018-06-21

Snippet: obtain constructive service, as required by section 63.088(6), Florida Statutes (2017), in conjunction with

In RE: AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS-12.913(A)(3).

Court: Supreme Court of Florida | Date Filed: 2018-06-21

Citation: 246 So. 3d 1131

Snippet: obtain constructive service, as required by section 63.088(6), Florida Statutes (2017), in conjunction with

In RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2017 REGULAR-CYCLE REPORT

Court: Supreme Court of Florida | Date Filed: 2017-10-05

Citation: 227 So. 3d 115, 2017 WL 4416328

Snippet: filed in lieu of personal service under section 63.088(4), Florida Statutes; or '(F) the court is

Children's Home Society of Florida v. V.D.

Court: District Court of Appeal of Florida | Date Filed: 2016-03-28

Citation: 188 So. 3d 920, 2016 Fla. App. LEXIS 4700, 2016 WL 1178018

Snippet: shall conduct a diligent search pursuant to s. 63.088., § 63.062(3), (3)(b), Fla. Stat. (2015) (emphasis

D. v. C.L.G.

Court: District Court of Appeal of Florida | Date Filed: 2010-05-06

Citation: 37 So. 3d 897, 2010 Fla. App. LEXIS 6233

Snippet: the trial court erred in ruling that (1) section 63.088(1), Florida Statutes (2007), runs afoul of due

Dp v. Clg

Court: District Court of Appeal of Florida | Date Filed: 2010-05-06

Citation: 37 So. 3d 897, 2010 WL 1791911

Snippet: the trial court erred in ruling that (1) section 63.088(1), Florida Statutes (2007), runs afoul of due

ENVIRONMENTAL SERVICES, INC. v. Carter

Court: District Court of Appeal of Florida | Date Filed: 2009-04-24

Citation: 9 So. 3d 1258, 29 I.E.R. Cas. (BNA) 633, 2009 Fla. App. LEXIS 3459, 2009 WL 1097261

Snippet: created by the former employees, in exchange for a 63.88 percent ownership interest in NRC. ESI subsequently

J.H. v. K.D.M.

Court: District Court of Appeal of Florida | Date Filed: 2009-02-03

Citation: 8 So. 3d 372, 2009 Fla. App. LEXIS 14110

Snippet: of the minor or notice has been served under s. 63.088.... ” § 63.062(1), Fla. Stat. (2004). In order

Jh v. Kdm

Court: District Court of Appeal of Florida | Date Filed: 2009-02-03

Citation: 8 So. 3d 372, 2009 WL 275173

Snippet: of the minor or notice has been served under s. 63.088...." § 63.062(1), Fla. Stat. (2004). In order to

Ellis v. Hunter

Court: District Court of Appeal of Florida | Date Filed: 2009-01-16

Citation: 3 So. 3d 373, 2009 Fla. App. LEXIS 1974, 2009 WL 102221

Snippet: sentence the trial court assessed a total of $1,063.88 in fines, court costs, and fees. At the time of

The Florida Bar v. Dove

Court: Supreme Court of Florida | Date Filed: 2008-06-12

Citation: 985 So. 2d 1001, 2008 WL 2373903

Snippet: order terminating parental rights. See §§ 63.087; 63.088, Fla. Stat. (2002). Dove violated the Rules of

Rios v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-07-25

Citation: 975 So. 2d 488, 2007 WL 2120135

Snippet: omitted.)); cf. Sibron v. New York, 392 U.S. 40, 63, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968) ("It is axiomatic

Heart of Adoptions, Inc. v. JA

Court: Supreme Court of Florida | Date Filed: 2007-07-12

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

Snippet: hearing, which were in the form prescribed by section 63.088(3), Florida Statutes (2005), informed J.A. of the

Amendments to Fl. Family Law Rules of Proc.

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 962 So. 2d 302, 32 Fla. L. Weekly Supp. 501, 2007 Fla. LEXIS 1235, 2007 WL 2002673

Snippet: diligent search and inquiry requirements of section 63.088, Florida Statutes, must be satisfied by the petitioner

SDT v. Bundle of Hope Ministries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-02-28

Citation: 949 So. 2d 1132, 2007 WL 597042

Snippet: of the minor or notice has been served under s. 63.088 to: . . . . (b) The father of the minor, if: 1

In Re Adoption of Baby A.

Court: District Court of Appeal of Florida | Date Filed: 2006-07-21

Citation: 944 So. 2d 380, 2006 WL 2033896

Snippet: rights pending adoption are explained in section 63.088, Florida Statutes (2004). Subsection 4 of that

Dept. of Children and Family Servs. v. Ps

Court: District Court of Appeal of Florida | Date Filed: 2006-07-03

Citation: 932 So. 2d 1195

Snippet: parental rights pending adoption provided in s. 63.088; and procedures for terminating parental rights

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

Court: District Court of Appeal of Florida | Date Filed: 2006-05-22

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

Snippet: Florida Adoption Act of the requirements of section 63.088(4), Florida Statutes (2004): In proceedings initiated

Bb v. Pjm

Court: District Court of Appeal of Florida | Date Filed: 2006-05-22

Citation: 933 So. 2d 57, 2006 WL 1373243

Snippet: Florida Adoption Act of the requirements of section 63.088(4), Florida Statutes (2004): In proceedings initiated

In re Amendments to the Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2005-06-02

Citation: 905 So. 2d 865, 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100

Snippet: filed in lieu of personal service under section 63.088(4), Florida Statutes; or (F) the court is otherwise