Florida Statute 63.112 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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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;

(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.

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Amendments to 63.112

Annotations, Discussions, Cases:

Cases Citing Statute 63.112

Total Results: 16

By v. Department of Children and Families

887 So. 2d 1253, 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335

Supreme Court of Florida | Filed: Nov 10, 2004 | Docket: 466585

Cited 38 times | Published

petitions confirms such an interpretation. See § 63.112(2)(a), Fla. Stat. (2003) (explaining that an adoption

Rushing v. Bosse

652 So. 2d 869, 1995 WL 92294

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 1517966

Cited 19 times | Published

adoptive parents may file an adoption petition. See § 63.112, Fla. Stat. (1991). "For minors who have been

Hausmann Ex Rel. Doe v. LM

806 So. 2d 511, 2001 WL 1008157

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1713041

Cited 5 times | Published

grandparents. See § 63.042(3),(4), Fla. Stat. (1999). Section 63.112 sets forth the allegations a petition for adoption

Wylie v. Botos

416 So. 2d 1253

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 1654927

Cited 5 times | Published

the prospective adoptive parents, pursuant to Section 63.112, Florida Statutes (1977), filed their petition

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

his rights would already be considered final. Section 63.112 states that a petition for adoption shall attach

Lofton v. Kearney

157 F. Supp. 2d 1372, 2001 U.S. Dist. LEXIS 13425, 2001 WL 988038

District Court, S.D. Florida | Filed: Aug 30, 2001 | Docket: 2337114

Cited 4 times | Published

preliminary home study evaluation. See FLA. STAT. § 63.112(2)(b). During his May 19, 2000, preliminary home

Florida Department of Children & Families v. Adoption of X.X.G.

45 So. 3d 79, 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 1927936

Cited 3 times | Published

There must be a favorable preliminary home study, § 63.112(2)(b), Fla. Stat., followed by a final home investigation

Dept. of Children and Family Servs. v. Ps

932 So. 2d 1195

District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 1684776

Cited 3 times | Published

petitioner is a relative. The trial court noted that section 63.112(2)(b), Florida Statutes (2005), states that

IRIS BERGMAN and JOHN STIGLICH v. IN RE: ADOPTION OF Z.E.S., A CHILD

238 So. 3d 847

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326626

Published

Rodriguez, 219 So. 3d 944, 946 (Fla. 3d DCA 2017). Section 63.112, Florida Statutes (2016), sets forth an explicit

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

his rights would already be considered final. Section 63.112 states that a petition for adoption shall attach

J.S.S. v. Florida Department of Health & Rehabilitative Services

646 So. 2d 775, 1994 Fla. App. LEXIS 11174, 1994 WL 646341

District Court of Appeal of Florida | Filed: Nov 18, 1994 | Docket: 64752750

Published

for the care of the minors, as required by section 63.112(l)(f), Florida Statutes (1993). The trial court

Matter of Adoption of Kmc

606 So. 2d 1262, 1992 Fla. App. LEXIS 11345, 1992 WL 317557

District Court of Appeal of Florida | Filed: Oct 28, 1992 | Docket: 1511412

Published

adoptive parents may file an adoption petition. See § 63.112, Fla. Stat. Upon entry of the preliminary order

In the Interest of M.L. v. State

578 So. 2d 464, 1991 Fla. App. LEXIS 3849, 1991 WL 59998

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658269

Published

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

R.W.S. v. M.S.H.

538 So. 2d 477, 14 Fla. L. Weekly 292, 1989 Fla. App. LEXIS 315, 1989 WL 5251

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 64640378

Published

petition does not comply with the requirement of section 63.-112(1)(h), Florida Statutes (1985), in that it

Brod v. Matter of an Adoption

522 So. 2d 973, 1988 WL 24162

District Court of Appeal of Florida | Filed: Mar 23, 1988 | Docket: 1191990

Published

notice of hearing, or the judgment of adoption. Section 63.112(1)(a) through (c) provides that: A sufficient

Yancey v. Department of Health & Rehabilitative Services

413 So. 2d 438, 1982 Fla. App. LEXIS 20007

District Court of Appeal of Florida | Filed: May 4, 1982 | Docket: 64589682

Published

directly conflicts with the clear language of Section 63.112(l)(h) (directing that the “facts or circumstances