The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.162

63.162 Hearings and records in adoption proceedings; confidential nature.—

(1) All hearings held in proceedings under this act shall be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses, counsel, persons who have not consented to the adoption and are required to consent, and representatives of the agencies who are present to perform their official duties.

(2) All papers and records pertaining to the adoption, including the original birth certificate, whether part of the permanent record of the court or a file in the office of an adoption entity are confidential and subject to inspection only upon order of the court; however, the petitioner in any proceeding for adoption under this chapter may, at the option of the petitioner, make public the reasons for a denial of the petition for adoption. The order must specify which portion of the records are subject to inspection, and it may exclude the name and identifying information concerning the parent or adoptee. Papers and records of the department, a court, or any other governmental agency, which papers and records relate to adoptions, are exempt from s. 119.07(1). In the case of an adoption not handled by the department or a child-placing agency licensed by the department, the department must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. In the case of an agency adoption, the licensed child-placing agency must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. This subsection does not prohibit the department from inspecting and copying any official record pertaining to the adoption that is maintained by the department or from inspecting and copying any of the official records maintained by an agency licensed by the department and does not prohibit an agency from inspecting and copying any official record pertaining to the adoption that is maintained by that agency.

(3) The court files, records, and papers in the adoption of a minor shall be indexed only in the name of the petitioner, and the name of the minor shall not be noted on any docket, index, or other record outside the court file, except that closed agency files may be cross-referenced in the original and adoptive names of the minor.

(4)(a) A person may disclose the following from the records without a court order:

1. The name and identity of the birth parent, if the birth parent authorizes in writing the release of his or her name and the adoptee is 18 years of age or older. If the adoptee is younger than 18 years of age, the adoptive parent must also provide written consent to disclose the birth parent’s name;

2. The name and identity of the adoptee, if the adoptee is 18 years of age or older and authorizes in writing the release of his or her name; or, if the adoptee is younger than 18 years of age, written consent to disclose the adoptee’s name is obtained from an adoptive parent; or

3. The name and identity of the adoptive parent, if the adoptive parent authorizes in writing the release of his or her name.

(b) A person may disclose from the records the name and identity of a birth parent, an adoptive parent, or an adoptee upon order of the court for good cause shown. In determining whether good cause exists, the court shall give primary consideration to the best interests of the adoptee, but must also give due consideration to the interests of the adoptive and birth parents. Factors to be considered in determining whether good cause exists include, but are not limited to:

1. The reason the information is sought;

2. The existence of means available to obtain the desired information without disclosing the identity of the birth parents, such as by having the court, a person appointed by the court, the department, or the licensed child-placing agency contact the birth parents and request specific information;

3. The desires, to the extent known, of the adoptee, the adoptive parents, and the birth parents;

4. The age, maturity, judgment, and expressed needs of the adoptee; and

5. The recommendation of the department, licensed child-placing agency, or professional that prepared the preliminary study and home investigation, or the department if no such study was prepared, concerning the advisability of disclosure.

(5) The adoptee or other person seeking information under this subsection shall pay the department or agency making reports or recommendations as required hereunder a reasonable fee for its services and expenses.

(6) Subject to the provisions of subsection (4), identifying information regarding the birth parents, adoptive parents, and adoptee may not be disclosed unless a birth parent, adoptive parent, or adoptee has authorized in writing the release of such information concerning himself or herself. Specific names or identifying information must not be given in a family medical history. All nonidentifying information, including the family medical history and social history of the adoptee and the birth parents, when available, must be furnished to the adoptive parents before the adoption becomes final and to the adoptee, upon the adoptee’s request, after he or she reaches majority. Upon the request of the adoptive parents, all nonidentifying information obtained before or after the adoption has become final must be furnished to the adoptive parents.

(7) The court may, upon petition of an adult adoptee or birth parent, for good cause shown, appoint an intermediary or a licensed child-placing agency to contact a birth parent or adult adoptee, as applicable, who has not registered with the adoption registry pursuant to s. 63.165 and advise both of the availability of the intermediary or agency and that the birth parent or adult adoptee, as applicable, wishes to establish contact.

History.—s. 16, ch. 73-159; s. 10, ch. 75-226; s. 2, ch. 77-140; s. 22, ch. 77-147; s. 2, ch. 77-446; s. 3, ch. 78-190; s. 5, ch. 80-296; s. 4, ch. 82-166; s. 3, ch. 84-101; s. 2, ch. 85-189; s. 2, ch. 87-16; s. 19, ch. 90-360; s. 16, ch. 92-96; s. 341, ch. 95-147; s. 23, ch. 96-406; s. 25, ch. 99-2; s. 27, ch. 2001-3; s. 30, ch. 2003-58; s. 20, ch. 2012-81; s. 1, ch. 2020-42.

F.S. 63.162 on Google Scholar

F.S. 63.162 on Casetext

Amendments to 63.162

Arrestable Offenses / Crimes under Fla. Stat. 63.162

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.162.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . § 63.162, Fla. Stat. . . .

In ADOPTION OF K. A. G. a, 152 So. 3d 1271 (Fla. Dist. Ct. App. 2014)

. . . See § 63.162, Fla. Stat. (2013). The trial court then heard testimony from Grandmother and Aunt. . . .

D. M. v. ELIZABETH R. BERKOWITZ, PA,, 112 So. 3d 575 (Fla. Dist. Ct. App. 2013)

. . . Section 63.162(2) provides that the records are confidential subject to release by order of the court . . . See § 63.162(4), Fla. Stat. . . . of his request for access to the file to the Department of Children and Families pursuant to section 63.162 . . . After several hearings, the trial court denied the motion, citing extensively to section 63.162(4) and . . . , 347 So.2d 450 (Fla. 3d DCA 1977), requires good cause to access the documents even though section 63.162 . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . . § 63.162, Fla. Stat. . . . the document is filed within-a Chapter-39-ease, this-form-is-aotreqair-edA ===-Adoption records. § 63.162 . . .

In J. B. a v. Ad, 101 So. 3d 407 (Fla. Dist. Ct. App. 2012)

. . . deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . . § 63.162, Fla. Stat. . . .

R. L. F. M. A. W. R. J. W. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 63 So. 3d 902 (Fla. Dist. Ct. App. 2011)

. . . deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

. . . . § 63.162, Fla. Stat. . . . the document is filed within a Chapter 39 case, this form is not required.) ,_ Adoption records. § 63.162 . . .

THE NEWS AND OBSERVER PUBLISHING COMPANY, d b a, v. A. Q., 953 So. 2d 686 (Fla. Dist. Ct. App. 2007)

. . . The adoption file must of course remain confidential under the provisions of section 63.162, Florida . . . We conclude that petitioner’s interpretation of the scope of protections provided for by section 63.162 . . .

A. D. C. D. v. M. D. M., 920 So. 2d 857 (Fla. Dist. Ct. App. 2006)

. . . access to any other pleadings in the case, because such records are protected from disclosure by section 63.162 . . . Stat., as to termination proceedings, and § 63.162(2), Fla. Stat., as to adoption proceedings. . . . The confidentiality provisions of section 63.162(2) protect the identities of the parties and the child . . . Section 63.162(2) provides that confidential information may be released from the adoption file by court . . . See § 63.162(2), Fla. Stat. (2005). . . .

BARKER v. R. BARKER J. M. R., 909 So. 2d 333 (Fla. Dist. Ct. App. 2005)

. . . The Petitioners objected on the ground that such disclosure would violate section 63.162, Florida Statutes . . . dispute, the circuit court denied the Petitioners’ motion to declare the action subject to section 63.162 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. I. B. D. B., 891 So. 2d 1168 (Fla. Dist. Ct. App. 2005)

. . . shall be kept on file by the department or agency for possible future use as provided in ss. 63.082 and 63.162 . . .

D. J. L. J. D. J. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 890 So. 2d 370 (Fla. Dist. Ct. App. 2004)

. . . See § 63.162(2), Fla. Stat. (2003). See also Dep’t. of Health, Office of Vital Statistics v. . . . petition and direct the judge in the closed adoption case to conduct proceedings pursuant to section 63.162 . . .

ARTEVA SPECIALTIES S. A. R. L. d b a KoSa, v. ENVIRONMENTAL PROTECTION AGENCY, v. S. a. r. l. d b a KoSa, v., 323 F.3d 1088 (D.C. Cir. 2003)

. . . . §§ 63.162(b)(1)). . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- STEPPARENT ADOPTION FORMS, 821 So. 2d 263 (Fla. 2002)

. . . Florida Legislature enacted new adoption laws, sections 63.022-.039, 63.0425-.0427, 63.052-.132, 63.142, 63.162 . . .

NATURAL PARENTS OF J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 780 So. 2d 6 (Fla. 2001)

. . . Adoptions (section 63.162, Florida Statutes (1999)), actions establishing parental status in situations . . .

DEPARTMENT OF HEALTH, OFFICE OF VITAL STATISTICS, v. ADOPTION OF GILLI,, 746 So. 2d 1172 (Fla. Dist. Ct. App. 1999)

. . . That court is obviously the court referred to throughout section 63.162 of the Florida Statutes. . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, STATE OF FLORIDA, v. NATURAL PARENTS OF J. B., 736 So. 2d 111 (Fla. Dist. Ct. App. 1999)

. . . a matter of 'public policy, has expressly made certain civil proceedings confidential (adoptions, § 63.162 . . . See § 63.162 Fla. Stat. (1997). . . .

UNITED STATES v. H. KOURI- PEREZ, 8 F. Supp. 2d 133 (D.P.R. 1998)

. . . . § 63.162 (1997). . . .

RUSHING, a v. E. BOSSE, R. P. A., 652 So. 2d 869 (Fla. Dist. Ct. App. 1995)

. . . See §§ 63.022(1), 63.022(2)(/), 63.032(11), 63.062(l)(c), 63.092(1), 63.092(3)(a)4„ 63.142(4), 63.162 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. W. COX M., 627 So. 2d 1210 (Fla. Dist. Ct. App. 1993)

. . . . § 63.162, Fla.Stat. (1991). . . .

In INVESTIGATION FLORIDA STATUTE SUBPOENA OF ROCHE, v. STATE, 589 So. 2d 978 (Fla. Dist. Ct. App. 1991)

. . . re: Adoption of H.Y.T., 458 So.2d 1127 (Fla.1984), the court upheld the constitutionality of section 63.162 . . .

In P. A. G. a DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, v. M. G., 584 So. 2d 600 (Fla. Dist. Ct. App. 1991)

. . . The order was entered on a petition pursuant to section 63.162, Florida Statutes (1989). . . . mother intends to use the names in a pending habeas corpus proceeding, we conclude that the section 63.162 . . . order was entered prior to a full, evidentiary hearing to evaluate the factors described in section 63.162 . . . The statute permitting disclosure states: 63.162 Hearings and records in adoption proceedings; confidential . . . Sections 63.162(l)(d)4.a., ,162(l)(d)4.b., Fla.Stat. (1989). . . .

FLORIDA PUBLISHING COMPANY, a v. E. BROOKE,, 576 So. 2d 842 (Fla. Dist. Ct. App. 1991)

. . . deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 . . .

C. E. B. a v. M. BIRKEN, a, 566 So. 2d 907 (Fla. Dist. Ct. App. 1990)

. . . deemed by the court to have a proper interest therein, except that, subject to the provisions of section 63.162 . . . Since the present action does not implicate a section 63.162 restriction, we are of the view that petitioner . . .

In ADOPTION OF LESSEM, a ANDY, v. LESSEM, a, 536 So. 2d 343 (Fla. Dist. Ct. App. 1988)

. . . See §§ 63.122 and 63.162, Fla.Stat. (1987). . . .

J. BARRON, v. FLORIDA FREEDOM NEWSPAPERS, INC., 531 So. 2d 113 (Fla. 1988)

. . . a matter of public policy, has expressly made certain civil proceedings confidential (adoptions, § 63.162 . . .

In M. L. M. a, 528 So. 2d 54 (Fla. Dist. Ct. App. 1988)

. . . determining whether the names should be disclosed, it considered all of the factors enumerated in § 63.162 . . . The court weighed the purpose of the grandparents’ request for disclosure pursuant to § 63.162(1)(d)4 . . .

MAYER, v. STATE, 523 So. 2d 1171 (Fla. Dist. Ct. App. 1988)

. . . Section 63.162(1) provides that: All hearings held in proceedings under this act shall be held in closed . . . It was section 63.162(1) that our supreme court in H.Y.T. specifically considered in a media attack based . . . The supreme court in H.Y.T. held section 63.162(1) to be constitutionally sound in the face of that media . . . Inasmuch as we are unable on any ground to distinguish the constitutional implications of section 63.162 . . .

ATWELL, v. SACRED HEART HOSPITAL OF PENSACOLA,, 520 So. 2d 30 (Fla. 1988)

. . . . § 63.162(2), Fla.Stat. (1985). Atwell, however, was not legally adopted. . . .

DIXON, v. H. MELTON,, 515 So. 2d 1309 (Fla. Dist. Ct. App. 1987)

. . . the names of the adoptive parents, but she refused, citing the confidentiality requirement of section 63.162 . . . Section 63.162(4) provides in pertinent part: (4) No person shall disclose from the records the name . . . Subsections (a) through (c) of § 63.162(4) provide for disclosure when authorized by an individual who . . .

ATWELL, v. SACRED HEART HOSPITAL OF PENSACOLA, 504 So. 2d 1367 (Fla. Dist. Ct. App. 1987)

. . . ), and a declaratory judgment construing him to hold the status of an “adoptee” pursuant to section 63.162 . . . not rule upon the applicability of the provisions of the “good cause” analysis set forth in section 63.162 . . . construed to limit the public’s right of access to public records and meetings as provided by law. . s. 63.162 . . .

SENTINEL COMMUNICATIONS COMPANY, v. D. C. SMITH,, 493 So. 2d 1048 (Fla. Dist. Ct. App. 1986)

. . . . § 63.162(2), Fla.Stat. (1985); § 742.09, Fla.Stat. (1985); § 39.12, Fla.Stat. (1985); cf. . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. TALLAHASSEE DEMOCRAT, INC., 481 So. 2d 958 (Fla. Dist. Ct. App. 1986)

. . . the hearing would be a licensing proceeding pursuant to § 409.175, Florida Statutes, and ruled that § 63.162 . . . The hearing officer did further note that §§ 63.162(2) and (6), Florida Statutes, provide for “limited . . . Section 63.162(1) provides that “hearings held in proceedings under this Act shall be held in closed . . . Nevertheless, as the hearing officer recognized, §§ 63.162(2) and (6) do provide confidentiality for . . . In the event that HRS utilizes live testimony, the confidentiality required by §§ 63.162(2) and (6) would . . .

In ADOPTION OF H. Y. T. a S. WALLACE, v. C. SMITH, III,, 458 So. 2d 1127 (Fla. 1984)

. . . The child’s attorney-ad-litem moved the court to close all the proceedings pursuant to section 63.162 . . . The court ruled section 63.162(1) unconstitutional, reasoning that if the constitutional guarantee of . . . We reverse the order of the circuit court and find section 63.162(1) constitutional. . . . Section 63.162 provides, in pertinent part: Notwithstanding any other law concerning public hearings . . . order of the circuit court and direct that all proceedings be conducted in compliance with section 63.162 . . .

FORSBERG v. HOUSING AUTHORITY OF CITY OF MIAMI BEACH, 455 So. 2d 373 (Fla. 1984)

. . . . § 63.162 (adoption proceeding records): § 112.533(2) (law enforcement complaint records); § 213.053 . . .

In ADOPTION OF M. A. H. a, 411 So. 2d 1380 (Fla. Dist. Ct. App. 1982)

. . . We have used only the child’s initials in the style of this case in accordance with Section 63.162(3) . . .

FLORIDA DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, v. KIMMICK,, 390 So. 2d 1218 (Fla. Dist. Ct. App. 1980)

. . . HRS asserts that Florida Statutes (1979), Section 63.162(2) which states in pertinent part “. .. the . . . That court is obviously the court referred to throughout Section 63.162 of the Florida Statutes. . . . headquarters as discussed in the Carlile case, supra, is not applicable to a proceeding under Section 63.162 . . .

In LAY,, 382 So. 2d 814 (Fla. Dist. Ct. App. 1980)

. . . The narrow issue before us is whether § 63.162(4), Florida Statutes (1979), precludes disclosure of adoption . . . Section 63.162(4), Florida Statutes, provides: Except as authorized in writing by the adoptive parent . . .

In ADOPTION OF RAND, 347 So. 2d 450 (Fla. Dist. Ct. App. 1977)

. . . order to obtain the release of medical information contained in such court file pursuant to Section 63.162 . . . Section 63.162, Florida Statutes (1975), provides in relevant part as follows: “Notwithstanding any other . . . attained the age of eighteen, or upon court order for good cause shown in exceptional cases under Section 63.162 . . .

ENGLISH, v. L. McCRARY, Jr., 348 So. 2d 293 (Fla. 1977)

. . . See Sections 39.09(1)(b), 63.162 and 742.031, Fla.Stat. (1975), involving respectively juvenile proceedings . . .

Q. MARSTON, G. v. GAINESVILLE SUN PUBLISHING CO. INC., 341 So. 2d 783 (Fla. Dist. Ct. App. 1976)

. . . Adoption Act, ch. 73-159, § 24, Fla.Laws, which provides for confidentiality of adoption records in § 63.162 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, HEALTH PROGRAM OFFICE, v. MULLARKEY,, 340 So. 2d 123 (Fla. Dist. Ct. App. 1976)

. . . Sec. 63.162, F.S. . . .

MIAMI HERALD PUBLISHING COMPANY v. COLLAZO,, 329 So. 2d 333 (Fla. Dist. Ct. App. 1976)

. . . See, e. g., § 39.03 Fla.Stat., F.S.A., (certain juvenile proceedings) ; § 63.162 Fla.Stat., F.S.A., ( . . .

STATE GORE NEWSPAPERS COMPANY v. W. TYSON, Jr., 313 So. 2d 777 (Fla. Dist. Ct. App. 1975)

. . . See Section 63.162, F.S. . . . (bastardy proceedings) ; sec. 39.03(1) (b) (certain juvenile proceedings) ; sec. 63.162 (adoption proceedings . . .