Florida Statutes

Fla. Stat. § 63.142 (2025)

Hearing; judgment of adoption.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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63.142 Hearing; judgment of adoption.—

(1) APPEARANCE.—The petitioner and the person to be adopted shall appear either in person or, with the permission of the court, telephonically before a person authorized to administer an oath at the hearing on the petition for adoption, unless:

(a) The person is a minor under 12 years of age; or

(b) The appearance of either is excused by the court for good cause.

(2) CONTINUANCE.—The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.

(3) DISMISSAL.—

(a) If the petition is dismissed, further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742.

(b) If the petition is dismissed, the court shall state with specificity the reasons for the dismissal.

(4) JUDGMENT.—At the conclusion of the hearing, after the court determines that the date for a parent to file an appeal of a valid judgment terminating that parent’s parental rights has passed and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. A judgment terminating parental rights pending adoption is voidable and any later judgment of adoption of that minor is voidable if, upon a parent’s motion for relief from judgment, the court finds that the adoption substantially fails to meet the requirements of this chapter. The motion must be filed within a reasonable time, but not later than 1 year after the date the judgment terminating parental rights was entered.

History.—s. 14, ch. 73-159; s. 3, ch. 77-140; s. 26, ch. 2001-3; s. 28, ch. 2003-58; s. 20, ch. 2008-151.

Notes of Decisions

Cited in 16 cases, 1977–2014 · leading case: Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010).

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Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). · cites it 4× “§ 63.142(4). [7] Simply put, the statute calls for an individual, case-by-case evaluation to determine if the proposed adoption is in the best interest of the child.”

LR v. Dep't of Child. & Families, 822 So. 2d 527 (Fla. 4th DCA 2002). · cites it 4× “See § 63.142(4), Fla. Stat. (2001). Still, we are mindful there appears to be some inherent tension between Chapter 39, Part XI (Termination of Parental Rights) and Chapter 63 (Adoption), regarding the adoption of children placed in DCF's care.”

In Re Adoption of a Minor Child, 593 So. 2d 185 (Fla. 1991). · cites it 2× “" § 63.142, Fla. Stat. (1987). We will use the latter term throughout the opinion.”

In re Adoption of K.A.G., 152 So. 3d 1271 (Fla. 5th DCA 2014). · cites it 3× “Section 63.142(4), Florida Statutes (2013), concerning the procedures for determining whether a child should be adopted following a termination of parental rights, provides, in pertinent part: (4) Judgment.”

Solomon v. McLucas, 382 So. 2d 339 (Fla. 2d DCA 1980). “Section 63.142 permits the entry of a judgment of adoption when the trial judge determines that all necessary consents have been obtained and that the adoption is in the best interests of the person to be adopted.”

Davis v. Dixon, 545 So. 2d 318 (Fla. 3d DCA 1989). · cites it 2× “" Section 63.142(4) Florida Statutes (1987) states: "(4) At the conclusion of the hearing, when the court determines that all necessary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered.”

In Re Adoption of RAB, 426 So. 2d 1203 (Fla. 4th DCA 1983). · cites it 2× “That is what appellant prayed for below and the trial judge correctly denied the relief sought although he failed to state with specificity the grounds for dismissal as required by Section 63.142(3)(b), Florida Statutes (1981).”

A.D. v. M.D.M., 920 So. 2d 857 (Fla. 4th DCA 2006). · cites it 2× “claims that fraud was committed in the termination of his parental rights and seeks relief from judgment, allowed pursuant to section 63.142(4), Florida Statutes, which must be done within one year from judgment.”

Dillon v. Robb, 597 So. 2d 891 (Fla. 5th DCA 1992). · cites it 2× “…dissents with opinion. . See Davis v. Dixon, 545 So.2d 318 (Fla. 3d DCA), rev. denied, 551 So.2d 460 (Fla.1989). . § 63.142(4), Fla.Stat. (1989).”

G.S. v. T.B., 969 So. 2d 1049 (Fla. 1st DCA 2007). · cites it 2× “§ 63.142(4), Fla. Stat., (2006). We conclude from these provisions that in adoption proceedings, the legislature vested broad discretion in the trial courts of this state to determine the best interest of children sought to be adopted, and did not limit the traditional trial…”

Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 377 F.3d 1275 (11th Cir. 2004). “This Senate amendment is now codified as Fla. Stat. § 63.142 (3)(b) (2003). . Tape recording of the Florida Senate Judiciary Civil Committee proceedings, May 3, 1977.”

SDT v. Bundle of Hope Ministries, Inc., 949 So. 2d 1132 (Fla. 1st DCA 2007). · cites it 2× “Section 63.142(4), Florida Statutes (2005), provides that a judgment of termination on which the later judgment of adoption is based is voidable, not void, if it is found by the court in considering a motion for relief from judgment that the judgment did not comply with the…”

Show all 16 citing cases →

— 63.142(3)(a) — 2 cases

In re C.T.D., 623 So. 2d 834 (Fla. 4th DCA 1993).

H.L. ex rel. A.W. v. State, Dep't of Child. & Families, 718 So. 2d 236 (Fla. 2d DCA 1998).

— 63.142(3)(b) — 1 case

In Re Adoption of RAB, 426 So. 2d 1203 (Fla. 4th DCA 1983). “That is what appellant prayed for below and the trial judge correctly denied the relief sought although he failed to state with specificity the grounds for dismissal as required by Section 63.142(3)(b), Florida Statutes (1981).”

— 63.142(4) — 9 cases

Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). “§ 63.142(4). [7] Simply put, the statute calls for an individual, case-by-case evaluation to determine if the proposed adoption is in the best interest of the child.”

LR v. Dep't of Child. & Families, 822 So. 2d 527 (Fla. 4th DCA 2002). “See § 63.142(4), Fla. Stat. (2001). Still, we are mindful there appears to be some inherent tension between Chapter 39, Part XI (Termination of Parental Rights) and Chapter 63 (Adoption), regarding the adoption of children placed in DCF's care.”

In re Adoption of K.A.G., 152 So. 3d 1271 (Fla. 5th DCA 2014). “Section 63.142(4), Florida Statutes (2013), concerning the procedures for determining whether a child should be adopted following a termination of parental rights, provides, in pertinent part: (4) Judgment.”

Davis v. Dixon, 545 So. 2d 318 (Fla. 3d DCA 1989). “" Section 63.142(4) Florida Statutes (1987) states: "(4) At the conclusion of the hearing, when the court determines that all necessary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered.”

A.D. v. M.D.M., 920 So. 2d 857 (Fla. 4th DCA 2006). “claims that fraud was committed in the termination of his parental rights and seeks relief from judgment, allowed pursuant to section 63.142(4), Florida Statutes, which must be done within one year from judgment.”

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