Florida Statute 63.122 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.122

63.122 Notice of hearing on petition.—

(1) The hearing on the petition to adopt a minor may not be held sooner than 30 days after the date the judgment terminating parental rights was entered or sooner than 90 days after the date the minor was placed in the physical custody of the petitioner, unless good cause is shown for a shortening of these time periods. The minor must remain under the supervision of the adoption entity until the adoption becomes final. When the adoptee is an adult, the hearing may be held immediately after the filing of the petition. If the petitioner is a stepparent or a relative of the adoptee, the hearing may be held immediately after the filing of the petition if all persons whose consent is required have executed a valid consent and the consent has been filed with the court.

(2) Notice of hearing must be given as prescribed by the Florida Family Law Rules of Procedure, and service of process must be made as specified by law for civil actions.

(3) Upon a showing by the petitioner or parent that the privacy, safety, or welfare of the petitioner, parent, or minor may be endangered, the court may order that the names of the petitioner, parent, minor, or all be deleted from the notice of hearing and from the copy of the petition attached thereto if the substantive rights of any person are not affected.

(4) Notice of the hearing must be given by the petitioner to the adoption entity that places the minor.

(5) After filing the petition to adopt an adult, the court may order an appropriate investigation to assist in determining whether the adoption is in the best interest of the persons involved and is in accordance with state law.

History.—s. 12, ch. 73-159; s. 9, ch. 75-226; s. 20. ch. 77-147; s. 13, ch. 92-96; s. 23, ch. 2001-3; s. 24, ch. 2003-58; s. 17, ch. 2008-151; s. 3, ch. 2023-257.

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Amendments to 63.122

Annotations, Discussions, Cases:

Cases Citing Statute 63.122

Total Results: 17

Matter of Adoption of Doe

543 So. 2d 741, 1989 WL 36465

Supreme Court of Florida | Filed: Apr 13, 1989 | Docket: 1420866

Cited 33 times | Published

of fraud or duress. On the issue of notice, section 63.122(4)(c) requires that notice be given to any

Solomon v. McLucas

382 So. 2d 339

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 1255011

Cited 16 times | Published

that such a study is mandated or authorized by § 63.122(5) (to be filed within 90 days) but that study

Ramey v. Thomas

382 So. 2d 78

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 1254943

Cited 14 times | Published

serious problem with our adoption statute. Section 63.122(4), Florida Statute (1977), requires notice

Berhow v. Crow

423 So. 2d 371

District Court of Appeal of Florida | Filed: Oct 12, 1982 | Docket: 544741

Cited 13 times | Published

give the Berhows notice of the petition to adopt. § 63.122(4)(c), Fla. Stat. Third, in view of the Berhows'

SJ Ex Rel. MW v. WL

755 So. 2d 753, 2000 WL 314472

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1699276

Cited 3 times | Published

being entitled to notice of the adoption. See § 63.122(4), Fla. Stat. (1999) (notice of hearing on adoption

STATE OF FLA., DEPT. OF HRS v. Friends of Children

653 F. Supp. 1221, 55 U.S.L.W. 2511, 1986 U.S. Dist. LEXIS 16013

District Court, N.D. Florida | Filed: Dec 24, 1986 | Docket: 2246431

Cited 1 times | Published

suitability of the adoption, are discussed in Section 63.122. These studies must also be considered separate

S.J. ex rel. M.W. v. W.L.

755 So. 2d 753, 2000 Fla. App. LEXIS 3682

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 64796746

Published

being entitled to notice of the adoption. See § 63.122(4), Fla. Stat. (1999) (notice of hearing on adoption

Ago

Florida Attorney General Reports | Filed: Nov 13, 1998 | Docket: 3256798

Published

entry of a judgment of adoption. Pursuant to section 63.122(1), Florida Statutes, a hearing on a petition

Henriquez v. Adoption Centre, Inc.

690 So. 2d 613, 1997 Fla. App. LEXIS 1004, 1997 WL 63674

District Court of Appeal of Florida | Filed: Feb 13, 1997 | Docket: 64772153

Published

were thus denied an opportunity to be heard. See § 63.122(2), Fla. Stat. (1995); Fla. R. Civ. P. 1.080;

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

placed in the adoptive *1264 parents' custody. See § 63.122, Fla. Stat. Some two weeks after entry of the

Doe v. Roe

543 So. 2d 741, 14 Fla. L. Weekly 201, 1989 Fla. LEXIS 327

Supreme Court of Florida | Filed: Apr 13, 1989 | Docket: 64642693

Published

of fraud or duress. On the issue of notice, section 63.122(4)(c) requires that notice be given to any

State Department of Health & Rehabilitative Services v. Castagnino

429 So. 2d 102, 1983 Fla. App. LEXIS 18973

District Court of Appeal of Florida | Filed: Apr 8, 1983 | Docket: 64596020

Published

determine the suitability of the adoptive home. § 63.122, Fla.Stat. (1981). Additionally, the prospective

Department of Health & Rehabilitative Services v. J.W.A.

421 So. 2d 25, 1982 Fla. App. LEXIS 21430

District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 64592924

Published

in the care of the adoptive parents. Though section 63.122(1) would appear to require that supervision

Department of Health & Rehabilitative Services v. Lasky Baby

416 So. 2d 1148, 1982 Fla. App. LEXIS 19748

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64591252

Published

and/or Clarification is denied. *1149Pursuant to Section 63.122, Florida Statutes, HRS is charged with the

Mooney v. Mooney

395 So. 2d 608, 1981 Fla. App. LEXIS 19029

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 64581149

Published

approved persons were willing to adopt him. Section 63.122(4), Florida Statutes (1979), requires notice

Canaday v. Gresham

362 So. 2d 82

District Court of Appeal of Florida | Filed: Aug 15, 1978 | Docket: 402976

Published

Adoption of Shaw, 198 So.2d 87 (Fla. 3d DCA 1967); Section 63.122(2), Florida Statutes (1977). As appellant,

In re Adoption of DeGroot

335 So. 2d 845, 1976 Fla. App. LEXIS 13950

District Court of Appeal of Florida | Filed: Jul 9, 1976 | Docket: 64554616

Published

notice was given to the father as required by Section 63.122 Florida Statutes; and (3) that the order of