Florida Statute 63.102 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.102

63.102 Filing of petition for adoption or declaratory statement; venue; proceeding for approval of fees and costs.—

(1) PETITION FOR ADOPTION.—A petition for adoption may not be filed until after the entry of the judgment or decree terminating parental rights unless the adoptee is an adult or the petitioner is a stepparent or a relative. After a judgment terminating parental rights has been entered, a proceeding for adoption may be commenced by filing a petition entitled, “In the Matter of the Adoption of ” in the circuit court. The person to be adopted shall be designated in the caption in the name by which he or she is to be known if the petition is granted. Except for a joint petition for the adoption of a stepchild, a relative, or an adult, any name by which the minor was previously known may not be disclosed in the petition, the notice of hearing, the judgment of adoption, or the court docket as provided in s. 63.162(3).

(2) VENUE.—A petition for adoption or for a declaratory statement as to the adoption contract must be filed in the county where the petition for termination of parental rights was filed or granted or where the adoption entity is located. The circuit court in this state shall retain jurisdiction over the matter until a final judgment is entered on the adoption, either within or outside the state. The Uniform Child Custody Jurisdiction and Enforcement Act does not apply until a final judgment is entered on the adoption.

(3) FILING OF ADOPTION PETITION REQUIRED.—Unless leave of court is granted for good cause shown, a petition for adoption shall be filed not later than 60 days after entry of the final judgment terminating parental rights.

(4) CONFIDENTIALITY.—If the filing of the petition for adoption or for a declaratory statement as to the adoption contract in the county where the petitioner or minor resides would tend to endanger the privacy of the petitioner or minor, the petition for adoption may be filed in a different county, provided the substantive rights of any person will not thereby be affected.

(5) PRIOR APPROVAL OF FEES AND COSTS.—A proceeding for prior approval of fees and costs may be commenced any time after an agreement is reached between the birth mother and the adoptive parents by filing a petition for declaratory statement on the agreement entitled “In the Matter of the Proposed Adoption of a Minor Child” in the circuit court.

(a) The petition must be filed by the adoption entity with the consent of the parties to the agreement.

(b) A contract for the payment of fees, costs, and expenses permitted under this chapter must be in writing, and any person who enters into the contract has 3 business days in which to cancel the contract unless placement of the child has occurred. To cancel the contract, the person must notify the adoption entity in writing by certified United States mail, return receipt requested, no later than 3 business days after signing the contract. For the purposes of this subsection, the term “business day” means a day on which the United States Postal Service accepts certified mail for delivery. If the contract is canceled within the first 3 business days, the person who cancels the contract does not owe any legal, intermediary, or other fees, but may be responsible for the adoption entity’s actual costs during that time.

(c) The court may grant approval only of fees and expenses permitted under s. 63.097. A prior approval of prospective fees and costs shall create a presumption that these items will subsequently be approved by the court under s. 63.132. The court, under s. 63.132, may order an adoption entity to refund any amounts paid under this subsection that are subsequently found by the court to be greater than fees, costs, and expenses actually incurred.

(d) The contract may not require, and the court may not approve, any amount that constitutes payment for locating a minor for adoption.

(e) A declaratory statement as to the adoption contract, regardless of when filed, shall be consolidated with any related petition for adoption. The clerk of the court shall only assess one filing fee that includes the adoption action, the declaratory statement petition, and the petition for termination of parental rights.

(f) Prior approval of fees and costs by the court does not obligate the parent to ultimately relinquish the minor for adoption.

(6) STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.—Petitions for the adoption of a stepchild, a relative, or an adult shall not require the filing of a separate judgment or separate proceeding terminating parental rights pending adoption. The final judgment of adoption shall have the effect of terminating parental rights simultaneously with the granting of the decree of adoption.

History.—s. 10, ch. 73-159; s. 7, ch. 75-226; s. 5, ch. 87-397; s. 2, ch. 90-55; s. 11, ch. 92-96; s. 339, ch. 95-147; s. 21, ch. 2001-3; s. 22, ch. 2003-58; s. 9, ch. 2005-2; s. 16, ch. 2008-151.

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Amendments to 63.102

Arrestable Offenses / Crimes under Fla. Stat. 63.102

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.102.

Annotations, Discussions, Cases:

Cases Citing Statute 63.102

Total Results: 15

Rodriguez v. in Re: The Adoption of Mariana Andrea Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

Citation: 219 So. 3d 944, 2017 WL 2348581, 2017 Fla. App. LEXIS 7809

Snippet: statutory scheme that governs adoptions. Sections 63.102 and 63.112 establish the required content of the

Makaros v. Cichocki

Court: District Court of Appeal of Florida | Date Filed: 2015-03-13

Citation: 159 So. 3d 957, 2015 Fla. App. LEXIS 3584, 2015 WL 1071067

Snippet: 1305 (Fla. 2d DCA 1995) (holding that section 63.102, Florida Statutes (1993), gave the circuit court

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: ..” § 63.087(3), Fla. Stat. (2013); see also § 63.102(6), Fla. Stat. (2013) (“Petitions for the adoption

Adoption of D.P.P. v. C.P.

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

Citation: 158 So. 3d 633, 2014 Fla. App. LEXIS 7815, 2014 WL 2109130

Snippet: grant the adoption pursuant to sections 63.042, 63.102 and 63.172, Florida Statutes, because G.P. was

Kuvin v. City of Coral Gables

Court: District Court of Appeal of Florida | Date Filed: 2010-08-25

Citation: 45 So. 3d 836, 2010 Fla. App. LEXIS 20776, 2010 WL 3324938

Snippet: (1985); see Zobel v. Williams, 457 U.S. 55, 61-63, 102 S.Ct. 2309, 72 L.Ed.2d 672 (1982); United States

Kuvin v. City of Coral Gables

Court: District Court of Appeal of Florida | Date Filed: 2010-08-25

Citation: 62 So. 3d 625, 2010 Fla. App. LEXIS 12416, 2010 WL 6570552

Snippet: (1985); see Zobel v. Williams, 457 U.S. 55, 61-63, 102 S.Ct. 2309, 72 L.Ed.2d 672 (1982); United States

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

Court: Supreme Court of Florida | Date Filed: 2004-03-25

Citation: 870 So. 2d 791, 2004 WL 583720

Snippet: sections 63.022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida

Justice Coalition v. FIRST DCA JNC

Court: District Court of Appeal of Florida | Date Filed: 2002-07-16

Citation: 823 So. 2d 185

Snippet: See American Tobacco Co. v. Patterson, 456 U.S. 63, 102 S.Ct. 1534, 71 L.Ed.2d 748 (1982). The words should

B.M.D. v. Steinberg

Court: District Court of Appeal of Florida | Date Filed: 1995-10-25

Citation: 685 So. 2d 1305, 1995 Fla. App. LEXIS 11415, 1995 WL 621537

Snippet: the child’s home state.1 We conclude that section 63.102, Florida Statutes (1993), gave the circuit court

Brod v. Matter of an Adoption

Court: District Court of Appeal of Florida | Date Filed: 1988-03-23

Citation: 522 So. 2d 973, 1988 WL 24162

Snippet: the statutes are interpreted literally. Section 63.102(1) provides that: A proceeding for adoption shall

St. Petersburg Yacht Charters v. Morgan Yacht

Court: District Court of Appeal of Florida | Date Filed: 1984-05-04

Citation: 457 So. 2d 1028

Snippet: with "competitive efficiencies." 457 U.S. at 362-63, 102 S.Ct. at 2482-83, 73 L.Ed.2d at 70. It seems plain

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-09-06

Snippet: complaint or petition. Fla.R.Civ.P. 1.050. See, s 63.102(1), F.S., which provides inter alia, that an adoption

Broward County v. Narco Realty, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1978-05-23

Citation: 359 So. 2d 509

Snippet: Jackson & Morris, Inc. v. Smuczynski, 345 Ill. App. 63, 102 N.E.2d 168 (1951); People v. Village of Deerfield

Peterson, Howell & Heather v. O'NEILL

Court: District Court of Appeal of Florida | Date Filed: 1975-06-10

Citation: 314 So. 2d 808

Snippet: purpose of the venue statutes, e.g., Fla. Stat. §§ 63.102, 78.03, 83.11, 910.005 et seq., that the lawsuit

Snyderman v. Koppelman

Court: District Court of Appeal of Florida | Date Filed: 1963-02-14

Citation: 150 So. 2d 299, 1963 Fla. App. LEXIS 4091

Snippet: PER CURIAM. Prohibition denied.