Florida Statute 63.112 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 63.112

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 238 So. 3d 847

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

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

Dish Network Service L.L.C. v. Myers

Court: District Court of Appeal of Florida | Date Filed: 2012-04-25

Citation: 87 So. 3d 72, 2012 WL 1414936, 2012 Fla. App. LEXIS 6480

Snippet: 130 S.Ct. at 1673 (citing Dague, 505 U.S. at 562-63, 112 S.Ct. 2638; Pennsylvania v. Delaware Valley Citizens’

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

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

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

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

J.C.J. v. Heart of Adoptions, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-09-20

Citation: 942 So. 2d 906, 2006 Fla. App. LEXIS 15505

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

In Re Baby RPS

Court: District Court of Appeal of Florida | Date Filed: 2006-09-20

Citation: 942 So. 2d 906, 2006 WL 2683776

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

Dept. of Children and Family Servs. v. Ps

Court: District Court of Appeal of Florida | Date Filed: 2006-07-03

Citation: 932 So. 2d 1195

Snippet: a relative. The trial court noted that section 63.112(2)(b), Florida Statutes (2005), states that the

By v. Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2004-11-10

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

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

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: 022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida Statutes

Hausmann Ex Rel. Doe v. LM

Court: District Court of Appeal of Florida | Date Filed: 2001-11-07

Citation: 806 So. 2d 511, 2001 WL 1008157

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

Rushing v. Bosse

Court: District Court of Appeal of Florida | Date Filed: 1995-03-08

Citation: 652 So. 2d 869, 1995 WL 92294

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

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

Court: District Court of Appeal of Florida | Date Filed: 1994-11-18

Citation: 646 So. 2d 775, 1994 Fla. App. LEXIS 11174

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

Matter of Adoption of Kmc

Court: District Court of Appeal of Florida | Date Filed: 1992-10-28

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 1991-04-23

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

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 1989-01-27

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

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

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

Wylie v. Botos

Court: District Court of Appeal of Florida | Date Filed: 1982-07-21

Citation: 416 So. 2d 1253

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

Yancey v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1982-05-04

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

Snippet: excuse the lack of consent, see Sections 63.072 and 63.112(l)(h), Florida Statutes (1979), must obtain a judicial

Florida Department of Health & Rehabilitative Services v. Kimmick

Court: District Court of Appeal of Florida | Date Filed: 1980-11-26

Citation: 390 So. 2d 1218, 1980 Fla. App. LEXIS 18179

Snippet: adoption proceedings. See Fla.Stat. (1979) §§ 63.-112(2)(b) and 63.122(6). Furthermore, the issue of

Burns v. Hartford Accident and Indemnity Company

Court: District Court of Appeal of Florida | Date Filed: 1963-10-29

Citation: 157 So. 2d 84

Snippet: BUSINESS IN THE STATE OF FLORIDA, APPELLEE. No. 63-112 District Court of Appeal of Florida, Third District