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Florida Statute 63.112 | Lawyer Caselaw & Research
F.S. 63.112 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 63.112

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
F.S. 63.112
63.112 Petition for adoption; description; report or recommendation, exceptions; mailing.
(1) The petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court and shall state:
(a) The date and place of birth of the person to be adopted, if known;
(b) The name to be given to the person to be adopted;
(c) The date petitioner acquired custody of the minor and the name of the adoption entity placing the minor, if any;
(d) The full name, age, and place and duration of residence of the petitioner;
(e) The marital status of the petitioner, including the date and place of marriage, if married, and divorces, if applicable to the adoption by a stepparent;
(f) A statement that the petitioner is able to provide for the material needs of the child;
(g) A description and estimate of the value of any property of the person to be adopted;
(h) The case style and date of entry of the judgment terminating parental rights or, if the adoptee is an adult or a minor relative or a stepchild of the petitioner, the address, if known, of any person whose consent to the adoption is required and, if such person has not consented, the facts or circumstances that excuse the lack of consent to justify a termination of parental rights; and
(i) The reasons why the petitioner desires to adopt the person.
(2) The following documents are required to be filed with the clerk of the court at the time the petition is filed:
(a) A certified copy of the court judgment terminating parental rights under chapter 39 or under this chapter or, if the adoptee is an adult or a minor relative or stepchild of the petitioner, the required consent, unless such consent is excused by the court.
(b) The favorable preliminary home study of the department, licensed child-placing agency, or professional pursuant to s. 63.092, as to the suitability of the home in which the minor has been placed, unless the petitioner is a stepparent or a relative.
(c) A copy of any declaratory statement previously entered by the court pursuant to s. 63.102.
(d) Documentation that an interview was held with the minor, if older than 12 years of age, unless the court, in the best interest of the minor, dispenses with the minor’s consent under s. 63.062(1)(c).
(3) Unless ordered by the court, no report or recommendation is required when the placement is a stepparent adoption or an adult adoption or when the minor is a relative of one of the adoptive parents.
History.s. 11, ch. 73-159; s. 8, ch. 75-226; s. 19, ch. 77-147; s. 5, ch. 83-215; s. 12, ch. 92-96; s. 22, ch. 2001-3; s. 23, ch. 2003-58.

F.S. 63.112 on Google Scholar

F.S. 63.112 on Casetext

Amendments to 63.112


Arrestable Offenses / Crimes under Fla. Stat. 63.112
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.112.



Annotations, Discussions, Cases:

Cases from cite.case.law:

I. B. J. S. v. In ADOPTION OF Z. E. S. a, 238 So. 3d 847 (Fla. App. Ct. 2018)

. . . Section 63.112, Florida Statutes (2016), sets forth an explicit list of those items which must be included . . . [t ]he reasons why the petitioner desires to adopt the person ." § 63.112(1)(i), Fla. Stat. . . . adopted person were a blood descendant of the petitioner born within wedlock") (emphasis added); § 63.112 . . .

RODRIGUEZ, v. In ADOPTION OF RODRIGUEZ,, 219 So. 3d 944 (Fla. Dist. Ct. App. 2017)

. . . Sections 63.102 and 63.112 establish the required content of the petition. . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. In ADOPTION OF X. X. G. N. R. G., 45 So. 3d 79 (Fla. Dist. Ct. App. 2010)

. . . There must be a favorable preliminary home study, § 63.112(2)(b), Fla. . . .

In BABY R. P. S. J. C. J. v., 942 So. 2d 906 (Fla. Dist. Ct. App. 2006)

. . . Section 63.112 states that a petition for adoption shall attach a certified copy of the judgment of termination . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. S. In C. S. G. S. M. S., 932 So. 2d 1195 (Fla. Dist. Ct. App. 2006)

. . . The trial court noted that section 63.112(2)(b), Florida Statutes (2005), states that the favorable preliminary . . . correctly observes that the trial court based its ruling, in large measure, on the language in section 63.112 . . . Sections 63.062(7) and 63.112(2)(b) & (3) can be read in pari materia by applying the latter provisions . . . where the children’s parental rights have previously been terminated under chapter 39, whereas section 63.112 . . . Section 63.112(2) & (3) was last amended in 2003, see Laws of Florida 2003-58, section 23; whereas sections . . .

B. Y. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 887 So. 2d 1253 (Fla. 2004)

. . . See § 63.112(2)(a), Fla. . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- STEPPARENT ADOPTION FORMS, 870 So. 2d 791 (Fla. 2004)

. . . statutes related to adoption, in-eluding sections 63.022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112 . . .

LOFTON, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, H. R. S. XI X, 358 F.3d 804 (11th Cir. 2004)

. . . . §§ 63.092(3), 63.112(2)(b). . . .

HAUSMANN, DOE, v. L. M. J. M., 806 So. 2d 511 (Fla. Dist. Ct. App. 2001)

. . . Section 63.112 sets forth the allegations a petition for adoption must contain, but nothing in that section . . . See § 63.112, Fla. Stat. (1999). . . .

LOFTON E. Jr. v. A. KEARNEY, s XI s, 157 F. Supp. 2d 1372 (S.D. Fla. 2001)

. . . . § 63.112(2)(b). . . .

RUSHING, a v. E. BOSSE, R. P. A., 652 So. 2d 869 (Fla. Dist. Ct. App. 1995)

. . . See § 63.112, Fla.Stat. (1991). . . .

In ADOPTION OF S. A. S. S. M. S. S. M. S. J. S. S. v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 646 So. 2d 775 (Fla. Dist. Ct. App. 1994)

. . . facilities and resources of the petitioner available for the care of the minors, as required by section 63.112 . . .

In ADOPTION K. M. C., 606 So. 2d 1262 (Fla. Dist. Ct. App. 1992)

. . . See § 63.112, Fla.Stat. . . .

In M. L. A v. STATE, 578 So. 2d 464 (Fla. Dist. Ct. App. 1991)

. . . Appellant pled guilty to escape, a third degree felony, § 63.112, Fla.Stat. (1989), which carries a maximum . . .

In ADOPTION OF R. M. H. R. W. S. v. M. S. H. M. R. H. M. D. L., 538 So. 2d 477 (Fla. Dist. Ct. App. 1989)

. . . to circumvent the natural father’s (also a minor) potential rights and the requirements of section 63.112 . . .

In M. BROD, v. MATTER OF AN ADOPTION,, 522 So. 2d 973 (Fla. Dist. Ct. App. 1988)

. . . Section 63.112(l)(a) through (c) provides that: A sufficient number of copies of the petition for adoption . . .

WYLIE v. E. BOTOS,, 416 So. 2d 1253 (Fla. Dist. Ct. App. 1982)

. . . On June 16 the prospective adoptive parents, pursuant to Section 63.112, Florida Statutes (1977), filed . . . Section 63.112 requires that a petition for adoption identify all persons whose consent is required and . . .

C. YANCEY, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, A., 413 So. 2d 438 (Fla. Dist. Ct. App. 1982)

. . . that the children have been abandoned so as to excuse the lack of consent, see Sections 63.072 and 63.112 . . . the petition, a contention which, in our view, directly conflicts with the clear language of Section 63.112 . . .