Florida Statutes

Fla. Stat. § 63.112 (2025)

Petition for adoption; description; report or recommendation, exceptions; mailing.

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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;

(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.

(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.

Notes of Decisions

Cited in 16 cases, 1982–2018 · leading case: By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004).

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By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004). · cites it 2× “See § 63.112(2)(a), Fla. Stat. (2003) (explaining that an adoption petition must include "the required consent, unless such consent is excused by the court").”

Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). · cites it 4× “, followed by a final home investigation "to ascertain whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interest of the minor." Id. § 63.125(1); Fla.”

Dept. of Child. & Fam. Servs. v. Ps, 932 So. 2d 1195 (Fla. 1st DCA 2006). · cites it 5× “Section 63.112(2) & (3) was last amended in 2003, see Laws of Florida 2003-58, section 23; whereas sections 39.”

Hausmann Ex Rel. Doe v. LM, 806 So. 2d 511 (Fla. 4th DCA 2001). · cites it 3× “Stat. (1999). Thus, both petitions for adoption conform to all of the statutory requirements, one alleging consent and one alleging facts to waive consent.”

Rushing v. Bosse, 652 So. 2d 869 (Fla. 4th DCA 1995). · cites it 2× “See § 63.112, Fla. Stat. (1991). "For minors who have been voluntarily surrendered to an intermediary .”

Wylie v. Botos, 416 So. 2d 1253 (Fla. 4th DCA 1982). · cites it 3× “On June 16 the prospective adoptive parents, pursuant to Section 63.112, Florida Statutes (1977), filed their petition for adoption, incorporating Mrs.”

Lofton v. Kearney, 157 F. Supp. 2d 1372 (S.D. Fla. 2001). “§ 63.112(2)(b). During his May 19, 2000, preliminary home study interview, Houghton was informed that but for his homosexuality and the homosexual adoption provision he would have received a favorable preliminary home study evaluation.”

J.C.J. v. Heart of Adoptions, Inc., 942 So. 2d 906 (Fla. 2d DCA 2006). “Section 63.112 states that a petition for adoption shall attach a certified copy of the judgment of termination of parental rights.”

Yancey v. Dep't of Health & Rehabilitative Servs., 413 So. 2d 438 (Fla. 3d DCA 1982). “112(l)(h), Florida Statutes (1979), must obtain a judicial determination of abandonment as a predicate to the filing of the petition, a contention which, in our view, directly conflicts with the clear language of Section 63.112(l)(h) (directing that the “facts or circumstances…”

In Re Baby RPS, 942 So. 2d 906 (Fla. 2d DCA 2006). “Section 63.112 states that a petition for adoption shall attach a certified copy of the judgment of termination of parental rights.”

R.W.S. v. M.S.H., 538 So. 2d 477 (Fla. 5th DCA 1989). “” To allow the adopting parents and the natural mother (a minor herself) of a child born out of wedlock to circumvent the natural father’s (also a minor) potential rights and the requirements of section 63.112(1)(h) simply by an affidavit of the natural mother, stating “[t]hat…”

Iris Bergman & John Stiglich v. In Re: Adoption of Z.e.s., a Child, 238 So. 3d 847 (Fla. 4th DCA 2018). · cites it 5× “Section 63.112, Florida Statutes (2016), sets forth an explicit list of those items which must be included in the petition.”

Show all 16 citing cases →

— 63.112(1)(a) — 1 case

Brod v. Matter of an Adoption, 522 So. 2d 973 (Fla. 2d DCA 1988).

— 63.112(1)(h) — 1 case

— 63.112(1)(i) — 1 case

Iris Bergman & John Stiglich v. In Re: Adoption of Z.e.s., a Child, 238 So. 3d 847 (Fla. 4th DCA 2018). “Section 63.112, Florida Statutes (2016), sets forth an explicit list of those items which must be included in the petition.”

— 63.112(2) — 1 case

Dept. of Child. & Fam. Servs. v. Ps, 932 So. 2d 1195 (Fla. 1st DCA 2006). “Section 63.112(2) & (3) was last amended in 2003, see Laws of Florida 2003-58, section 23; whereas sections 39.”

— 63.112(2)(a) — 1 case

By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004). “See § 63.112(2)(a), Fla. Stat. (2003) (explaining that an adoption petition must include "the required consent, unless such consent is excused by the court").”

— 63.112(2)(b) — 3 cases

Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). “, followed by a final home investigation "to ascertain whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interest of the minor." Id. § 63.125(1); Fla.”

Dept. of Child. & Fam. Servs. v. Ps, 932 So. 2d 1195 (Fla. 1st DCA 2006). “Section 63.112(2) & (3) was last amended in 2003, see Laws of Florida 2003-58, section 23; whereas sections 39.”

— 63.112(l)(f) — 1 case

J.S.S. v. Florida Dep't of Health & Rehabilitative Servs., 646 So. 2d 775 (Fla. 2d DCA 1994).

— 63.112(l)(h) — 1 case

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