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Florida Statute 63.89 - Full Text and Legal Analysis
Florida Statute 63.089 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
F.S. 63.089
63.089 Proceeding to terminate parental rights pending adoption; hearing; grounds; dismissal of petition; judgment.
(1) HEARING.The court may terminate parental rights pending adoption only after a hearing.
(2) HEARING PREREQUISITES.The court may hold the hearing only when:
(a) For each person whose consent to adoption is required under s. 63.062:
1. A consent under s. 63.082 has been executed and filed with the court;
2. An affidavit of nonpaternity under s. 63.082 has been executed and filed with the court;
3. Notice has been provided under ss. 63.087 and 63.088; or
4. The certificate from the Office of Vital Statistics has been provided to the court stating that a diligent search has been made of the Florida Putative Father Registry created in s. 63.054 and that no filing has been found pertaining to the father of the child in question or, if a filing is found, stating the name of the putative father and the time and date of the filing.
(b) For each notice and petition that must be served under ss. 63.087 and 63.088:
1. At least 20 days have elapsed since the date of personal service and an affidavit of service has been filed with the court;
2. At least 30 days have elapsed since the first date of publication of constructive service and an affidavit of service has been filed with the court; or
3. An affidavit of nonpaternity, consent for adoption, or other document that affirmatively waives service has been executed and filed with the court.
(c) The minor named in the petition has been born.
(d) The petition contains all information required under s. 63.087 and all affidavits of inquiry, diligent search, and service required under s. 63.088 have been obtained and filed with the court.
(3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING ADOPTION.The court may enter a judgment terminating parental rights pending adoption if the court determines by clear and convincing evidence, supported by written findings of fact, that each person whose consent to adoption is required under s. 63.062:
(a) Has executed a valid consent under s. 63.082 and the consent was obtained according to the requirements of this chapter;
(b) Has executed an affidavit of nonpaternity and the affidavit was obtained according to the requirements of this chapter;
(c) Has been served with a notice of the intended adoption plan in accordance with the provisions of s. 63.062(3) and has failed to respond within the designated time period;
(d) Has been properly served notice of the proceeding in accordance with the requirements of this chapter and has failed to file a written answer or personally appear at the evidentiary hearing resulting in the judgment terminating parental rights pending adoption;
(e) Has been properly served notice of the proceeding in accordance with the requirements of this chapter and has been determined under subsection (4) to have abandoned the minor;
(f) Is a parent of the person to be adopted, which parent has been judicially declared incapacitated with restoration of competency found to be medically improbable;
(g) Is a person who has legal custody 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, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably;
(h) Has been properly served notice of the proceeding in accordance with the requirements of this chapter, but has been found by the court, after examining written reasons for the withholding of consent, to be unreasonably withholding his or her consent; or
(i) Is the spouse of the person to be adopted who has failed to consent, and 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.
(4) FINDING OF ABANDONMENT.A finding of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032. A finding of abandonment may also be based upon emotional abuse or a refusal to provide reasonable financial support, when able, to a birth mother during her pregnancy or on whether the person alleged to have abandoned the child, while being able, failed to establish contact with the child or accept responsibility for the child’s welfare.
(a) In making a determination of abandonment at a hearing for termination of parental rights under this chapter, the court shall consider, among other relevant factors not inconsistent with this section:
1. Whether the actions alleged to constitute abandonment demonstrate a willful disregard for the safety or welfare of the child or the unborn child;
2. Whether the person alleged to have abandoned the child, while being able, failed to provide financial support;
3. Whether the person alleged to have abandoned the child, while being able, failed to pay for medical treatment; and
4. Whether the amount of support provided or medical expenses paid was appropriate, taking into consideration the needs of the child and relative means and resources available to the person alleged to have abandoned the child.
(b) The child has been abandoned when the parent of a child is incarcerated on or after October 1, 2001, in a federal, state, or county correctional institution and:
1. The period of time for which the parent has been or is expected to be incarcerated will constitute a significant portion of the child’s minority. In determining whether the period of time is significant, the court shall consider the child’s age and the child’s need for a permanent and stable home. The period of time begins on the date that the parent enters into incarceration;
2. The incarcerated parent has been determined by a court of competent jurisdiction to be a violent career criminal as defined in s. 775.084, a habitual violent felony offender as defined in s. 775.084, convicted of child abuse as defined in s. 827.03, or a sexual predator as defined in s. 775.21; has been convicted of first degree or second degree murder in violation of s. 782.04 or a sexual battery that constitutes a capital, life, or first degree felony violation of s. 794.011; or has been convicted of a substantially similar offense in another jurisdiction. As used in this section, the term “substantially similar offense” means any offense that is substantially similar in elements and penalties to one of those listed in this subparagraph, and that is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction; or
3. The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, termination of the parental rights of the incarcerated parent is in the best interests of the child.
(5) DISMISSAL OF PETITION.If the court does not find by clear and convincing evidence that parental rights of a parent should be terminated pending adoption, the court must dismiss the petition and that parent’s parental rights that were the subject of such petition shall remain in full force under the law. The order must include written findings in support of the dismissal, including findings as to the criteria in subsection (4) if rejecting a claim of abandonment.
(a) Parental rights may not be terminated based upon a consent that the court finds has been timely revoked under s. 63.082 or a consent to adoption or affidavit of nonpaternity that the court finds was obtained by fraud or duress.
(b) The court must enter an order based upon written findings providing for the placement of the minor, but the court may not proceed to determine custody between competing eligible parties. The placement of the child should revert to the parent or guardian who had physical custody of the child at the time of the placement for adoption unless the court determines upon clear and convincing evidence that this placement is not in the best interests of the child or is not an available option for the child. The court may not change the placement of a child who has established a bonded relationship with the current caregiver without providing for a reasonable transition plan consistent with the best interests of the child. The court may direct the parties to participate in a reunification or unification plan with a qualified professional to assist the child in the transition. The court may order scientific testing to determine the paternity of the minor only if the court has determined that the consent of the alleged father would be required, unless all parties agree that such testing is in the best interests of the child. The court may not order scientific testing to determine paternity of an unmarried biological father if the child has a father as described in s. 63.088(4)(a)-(d) whose rights have not been previously terminated. Further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742.
(6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING ADOPTION.
(a) The judgment terminating parental rights pending adoption must be in writing and contain findings of fact as to the grounds for terminating parental rights.
(b) Within 7 days after filing, the court shall mail a copy of the judgment to the department. The clerk shall execute a certificate of the mailing.
(c) The judgment terminating parental rights pending adoption legally frees the child for subsequent adoption, adjudicates the child’s status, and may not be challenged by a person claiming parental status who did not establish parental rights before the filing of the petition for termination, except as specifically provided in this chapter.
(7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.
(a) A motion for relief from a judgment terminating parental rights must be filed with the court originally entering the judgment. The motion must be filed within a reasonable time, but not later than 1 year after the entry of the judgment. An unmarried biological father does not have standing to seek relief from a judgment terminating parental rights if the mother did not identify him to the adoption entity before the date she signed a consent for adoption or if he was not located because the mother failed or refused to provide sufficient information to locate him.
(b) No later than 30 days after the filing of a motion under this subsection, the court must conduct a preliminary hearing to determine what contact, if any, shall be permitted between a parent and the child pending resolution of the motion. Such contact shall be considered only if it is requested by a parent who has appeared at the hearing and may not be awarded unless the parent previously established a bonded relationship with the child and the parent has pled a legitimate legal basis and established a prima facie case for setting aside the judgment terminating parental rights. If the court orders contact between a parent and child, the order must be issued in writing as expeditiously as possible and must state with specificity any provisions regarding contact with persons other than those with whom the child resides.
(c) At the preliminary hearing, the court, upon the motion of any party or upon its own motion, may order scientific testing to determine the paternity of the minor if the person seeking to set aside the judgment is alleging to be the child’s father and that fact has not previously been determined by legitimacy or scientific testing. The court may order visitation with a person for whom scientific testing for paternity has been ordered and who has previously established a bonded relationship with the child.
(d) Unless otherwise agreed between the parties or for good cause shown, the court shall conduct a final hearing on the motion for relief from judgment within 45 days after the filing and enter its written order as expeditiously as possible thereafter.
(e) If the court grants relief from the judgment terminating parental rights and no new pleading is filed to terminate parental rights, the placement of the child should revert to the parent or guardian who had physical custody of the child at the time of the original placement for adoption unless the court determines upon clear and convincing evidence that this placement is not in the best interests of the child or is not an available option for the child. The court may not change the placement of a child who has established a bonded relationship with the current caregiver without providing for a reasonable transition plan consistent with the best interests of the child. The court may direct the parties to participate in a reunification or unification plan with a qualified professional to assist the child in the transition. The court may not direct the placement of a child with a person other than the adoptive parents without first obtaining a favorable home study of that person and any other persons residing in the proposed home and shall take whatever additional steps are necessary and appropriate for the physical and emotional protection of the child.
(8) RECORDS; CONFIDENTIAL INFORMATION.All papers and records pertaining to a petition to terminate parental rights pending adoption are related to the subsequent adoption of the minor and are subject to s. 63.162. An unmarried biological father does not have standing to seek the court case number or access the court file if the mother did not identify him to the adoption entity before the date she signed the consent for adoption. The confidentiality provisions of this chapter do not apply to the extent information regarding persons or proceedings is made available as specified under s. 63.088.
History.s. 18, ch. 2001-3; s. 19, ch. 2003-58; s. 13, ch. 2004-371; s. 14, ch. 2008-151; s. 17, ch. 2012-81; s. 17, ch. 2016-24; s. 17, ch. 2017-37; s. 9, ch. 2017-107; s. 8, ch. 2024-71; s. 22, ch. 2025-156.

F.S. 63.089 on Google Scholar

F.S. 63.089 on CourtListener

Amendments to 63.089


Annotations, Discussions, Cases:

Cases Citing Statute 63.089

Total Results: 41

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

and contained the following warning: UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN

Js v. Sa

912 So. 2d 650, 2005 WL 2292311

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1755682

Cited 7 times | Published

the requirements of Chapter 63. See Fla. Stat. § 63.089(3)(a)(2004). A minor mother may consent to the

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

requirements of section 63.062. See § 63.089(3).[2] Section 63.089(3) provides that "[t]he court may enter

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

misapplied the burden of proof. Pursuant to section 63.089, Florida Statutes (2013), the court should

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

There are numerous grounds for termination in section 63.089(3), but these refer only to "each person whose

Maf v. Ejs

917 So. 2d 236, 2005 WL 3327780

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 2533465

Cited 3 times | Published

being able, failed to provide financial support; § 63.089(4)(a)(2), Fla. Stat. (2004) (emphasis added).

JCJ v. Heart of Adoptions, Inc.

989 So. 2d 32, 2008 WL 2596365

District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 1665228

Cited 2 times | Published

toward the child's mother during her pregnancy. § 63.089(4). Section 63.032(1) defines abandoned, in relevant

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

given notice and has abandoned the child. See § 63.089(3)(e). “Abandonment” is defined as a situation

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

was made after S.C. was appointed counsel. See § 63.089(3)(e). Thus, the termination of his parental rights

M.S.B. v. R.B.

93 So. 3d 532, 2012 WL 3136496, 2012 Fla. App. LEXIS 12641

District Court of Appeal of Florida | Filed: Aug 2, 2012 | Docket: 60310655

Cited 1 times | Published

ORFINGER, C.J., and TORPY, J., concur. . Section 63.089(4)(b), Florida Statutes (2011), provides that

D.T.S. v. J.M.

33 So. 3d 106, 2010 Fla. App. LEXIS 5527

District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 60289930

Cited 1 times | Published

with section 63.082, Florida Statutes (2009). Section 63.089, Florida Statutes (2009), permits the circuit

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

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

District Court of Appeal of Florida | Filed: Feb 3, 2009 | Docket: 60305470

Cited 1 times | Published

parental rights pending adoption are contained in section 63.089(3), Florida Statutes. A trial court’s determination

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

their merits and tracking the provisions of section 63.089(4), Florida Statutes (2005), relating to a

A.D. v. M.D.M.

920 So. 2d 857, 2006 Fla. App. LEXIS 2279, 2006 WL 401316

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64842389

Cited 1 times | Published

adoption proceedings is protected by statute. See § 63.089(8), Fla. Stat., as to termination proceedings

J.S. v. S.A.

912 So. 2d 650, 2005 Fla. App. LEXIS 14744

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840646

Cited 1 times | Published

the requirements of Chapter 63. See Fla. Stat. § 63.089(3)(a)(2004). A minor mother may consent to the

D.C. and G.C. v. In Re: The Matter of the adoption of N.L.W.

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929418

Published

defined in section 63.032. § 63.089(3)(e), Fla. Stat. And section 63.089(4) identifies additional factors

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463

Published

sexual predator or a sexually violent offender); § 63.089(3), (5)–(7), Fla. Stat. (2023) (expressly requiring

C.G. and C.G. v. R.C.

District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16189564

Published

interlocking interpretation of the factors in section 63.089, Florida Statutes (2017). Those factors placed

D.M., etc. v. M.D., etc.

272 So. 3d 1229

Supreme Court of Florida | Filed: Jun 6, 2019 | Docket: 15737695

Published

be in the best interests of the children. See § 63.089(4)(b)1. & 3., Fla. Stat. (2015). Following an

S.B.-B. v. J.M.B.-S.

260 So. 3d 370

District Court of Appeal of Florida | Filed: Nov 16, 2018 | Docket: 64699751

Published

alleging that he abandoned Child pursuant to section 63.089(4), Florida Statutes (2016). We affirm. We

S.B.-B. v. J.M.B.-S.

260 So. 3d 370

District Court of Appeal of Florida | Filed: Nov 16, 2018 | Docket: 64699750

Published

alleging that he abandoned Child pursuant to section 63.089(4), Florida Statutes (2016). We affirm. We

GIFT OF LIFE ADOPTIONS, INC. v. S. R. B.

252 So. 3d 788

District Court of Appeal of Florida | Filed: Jul 27, 2018 | Docket: 7531996

Published

part of the adoption process, pursuant to section 63.089, Florida Statutes (2017), GLA initiated the

D.M. v. M.D.

247 So. 3d 713

District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 64682313

Published

be in the best interests of the children. See § 63.089(4)(b)1. & 3., Fla. Stat. (2015). Following an

D.M. v. M.D.

District Court of Appeal of Florida | Filed: May 28, 2018 | Docket: 7094847

Published

best interests of the children. See § 63.089(4)(b)1. & 3., Fla. Stat. (2015). Following

S.M.K. v. S.L.E.

238 So. 3d 925

District Court of Appeal of Florida | Filed: Mar 2, 2018 | Docket: 64674186

Published

Nonetheless, a finding of abandonment under section 63.089(3) waives the consent requirement of any persons

S.M.K. v. S.L.E.

District Court of Appeal of Florida | Filed: Feb 26, 2018 | Docket: 6329010

Published

Nonetheless, a finding of abandonment under section 63.089(3) waives the consent requirement of any persons

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

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

Published

given notice and has abandoned the child. See § 63.089(3)(e). "Abandonment" is defined as a

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

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

District Court of Appeal of Florida | Filed: Mar 28, 2016 | Docket: 60254366

Published

No putative father had standing here.' Under section 63:089, “[a]n unmarried biological father does not

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

that the trial court erred in interpreting section 63.089, Florida Statutes (2014) and *968

Home at Last Adoption Agency, Inc. v. V.M.

126 So. 3d 1236, 2013 WL 6031048, 2013 Fla. App. LEXIS 18158

District Court of Appeal of Florida | Filed: Nov 14, 2013 | Docket: 60236275

Published

dependent was improper. In support, Appellee cited section 63.089(5), Florida Statutes (2010),1 which provides:

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

relying on the confidentiality provision of section 63.089(8), Florida Statutes, which provides: All papers

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

chapter 39, or a paternity action under chapter 742. § 63.089(5), Fla. Stat. (2010) (emphasis added).2 During

Dts v. Jm

33 So. 3d 106, 2010 WL 1642789

District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 629291

Published

with section 63.082, Florida Statutes (2009). Section 63.089, Florida Statutes (2009), permits the circuit

J.Q. v. E.B.

23 So. 3d 1282, 2010 Fla. App. LEXIS 14, 2010 WL 22688

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 60281984

Published

806(l)(d)l, Florida Statutes (2008), to interpret section 63.089(4), Florida Statutes (2008), we find the error

Jh v. Kdm

8 So. 3d 372, 2009 WL 275173

District Court of Appeal of Florida | Filed: Feb 3, 2009 | Docket: 1654124

Published

parental rights pending adoption are contained in section 63.089(3), Florida Statutes. A trial court's determination

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

requirements of section 63.062. See § 63.089(3).2 Section 63.089(3) provides that “[t]he court may enter

M.A.F. v. E.J.S.

917 So. 2d 236, 2005 Fla. App. LEXIS 19810

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 64841564

Published

being able, failed to provide financial support; § 63.089(4)(a)(2), Fla. Stat. (2004) (emphasis added).

Mangiafico v. Bellefiuer

915 So. 2d 246, 2005 Fla. App. LEXIS 18920, 2005 WL 3234912

District Court of Appeal of Florida | Filed: Dec 2, 2005 | Docket: 64841021

Published

PER CURIAM. AFFIRMED. See § 63.089(7)(a), Fla. Stat. (2003) (a motion for relief from judgment terminating

M.G.C. v. M.C.

899 So. 2d 486, 2005 Fla. App. LEXIS 5213, 2005 WL 856067

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 64837655

Published

actions supported a finding of abandonment under section 63.089(3)(d), Florida Statutes (2002). On rehearing

Amendments to Florida Supreme Court Approved Family Law Forms-Stepparent Adoption Forms

832 So. 2d 684, 27 Fla. L. Weekly Supp. 809, 2002 Fla. LEXIS 1953, 2002 WL 31190929

Supreme Court of Florida | Filed: Oct 3, 2002 | Docket: 64819484

Published

filing a written objection with the court. UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN

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

821 So. 2d 263, 27 Fla. L. Weekly Supp. 285, 2002 Fla. LEXIS 542, 2002 WL 464628

Supreme Court of Florida | Filed: Mar 28, 2002 | Docket: 64816391

Published

filing a written objection with the court. UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN