Florida Statute 63.162 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 63.162

Total Results: 20

Margaret Janik v. In re: The Adoption of M.D.J., etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: Miami-Dade County Circuit Court, pursuant to section 63.162(4)(b) of the Florida Statutes. The statute

GUARDIAN AD LITEM, K.F. AND J.F., ADOPTIVE PARENTS OF RA.W. vs DEPARTMENT OF CHILDREN AND FAMILIES, R.W., JR., AND T.W., BIOLOGICAL/FORMER PARENTS, R.W., SR., AND C.W., MATERNAL GRANDPARENTS/ADOPTIVE PARENTS OF R.W., III

Court: District Court of Appeal of Florida | Date Filed: 2023-10-18

Snippet: that, subject to the provisions of s. 63.162, a child and the parents of the child

STATEWIDE GUARDIAN AD LITEM v. AMAURY ALBERTO

Court: District Court of Appeal of Florida | Date Filed: 2022-10-19

Snippet: except that, subject to the provisions of s. 63.162, a child and the parents of the child and

C.G. and C.G. v. R.C.

Court: District Court of Appeal of Florida | Date Filed: 2019-09-12

Snippet: records to “the provisions of section 63.162 . . . .” Section 63.162(2), Florida Statutes, states in pertinent

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

Court: Supreme Court of Florida | Date Filed: 2015-01-22

Citation: 156 So. 3d 499, 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113, 2015 WL 263902

Snippet: 0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (in) Social Security, bank account

In re Adoption of K.A.G.

Court: District Court of Appeal of Florida | Date Filed: 2014-12-24

Citation: 152 So. 3d 1271, 2014 Fla. App. LEXIS 20849, 2014 WL 7331269

Snippet: proceedings are closed to all but the parties.3 See § 63.162, Fla. Stat. (2013). The trial court then heard

D.M. v. Elizabeth R. Berkowitz, PA

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

Citation: 112 So. 3d 575, 2013 WL 1438253, 2013 Fla. App. LEXIS 5714

Snippet: adoption of the minor and are subject to s. 63.162. Section 63.162(2) provides that the records are confidential

In re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2013-03-28

Citation: 124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Snippet: 0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account

City of Plant City v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2012-11-28

Citation: 101 So. 3d 407, 2012 Fla. App. LEXIS 20327, 2012 WL 5935665

Snippet: therein, except that, subject to the provisions of s. 63.162 [pertaining to adoption], a child and the parents

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 68 So. 3d 228, 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473

Snippet: form is not required.) _____ Adoption records. § 63.162, Fla. Stat. (If the document is filed within a

R.L.F. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2011-06-17

Citation: 63 So. 3d 902, 2011 Fla. App. LEXIS 8973, 2011 WL 2416019

Snippet: therein, except that, subject to the provisions of s. 63.162, a child and the parents of the child and their

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2010-03-18

Citation: 31 So. 3d 756, 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075

Snippet: 39.0132(3), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account

The News & Observer Publishing Co. v. A.Q.

Court: District Court of Appeal of Florida | Date Filed: 2007-04-04

Citation: 953 So. 2d 686, 2007 Fla. App. LEXIS 4878, 2007 WL 980752

Snippet: remain confidential under the provisions of section 63.162, Florida Statutes. After a hearing on the defendants’

A.D. v. M.D.M.

Court: District Court of Appeal of Florida | Date Filed: 2006-02-22

Citation: 920 So. 2d 857, 2006 Fla. App. LEXIS 2279, 2006 WL 401316

Snippet: records are protected from disclosure by section 63.162(2), Florida Statutes. In his petition for writ

Barker v. Barker

Court: District Court of Appeal of Florida | Date Filed: 2005-07-06

Citation: 909 So. 2d 333, 2005 WL 1553953

Snippet: ground that such disclosure would violate section 63.162, Florida Statutes (2004), which provides that adoption

State, Department of Children & Family Services v. I.B.

Court: District Court of Appeal of Florida | Date Filed: 2005-01-31

Citation: 891 So. 2d 1168, 2005 Fla. App. LEXIS 803

Snippet: possible future use as provided in ss. 63.082 and 63.162 or as may be otherwise provided by law. (7) Whenever

State, Dcfs v. Ib

Court: District Court of Appeal of Florida | Date Filed: 2005-01-31

Citation: 891 So. 2d 1168

Snippet: possible future use as provided in ss. 63.082 and 63.162 or as may be otherwise provided by law. (7) Whenever

D.J. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2004-12-22

Citation: 890 So. 2d 370, 2004 Fla. App. LEXIS 19697, 2004 WL 2952859

Snippet: inspect and copy records from the that case. See § 63.162(2), Fla. Stat. (2003). See also Dep’t. of Health

Amendments to Florida Supreme Court Approved Family Law Forms—Stepparent Adoption Forms

Court: Supreme Court of Florida | Date Filed: 2002-03-28

Citation: 821 So. 2d 263, 27 Fla. L. Weekly Supp. 285, 2002 Fla. LEXIS 542, 2002 WL 464628

Snippet: 63.022-.039, 63.0425-.0427, 63.052-.132, 63.142, 63.162-.165, 63.202-.219, 63.2325, 63.235, Florida Statutes

Natural Parents of JB v. FLORIDA DCFS.

Court: Supreme Court of Florida | Date Filed: 2001-02-22

Citation: 780 So. 2d 6, 2001 WL 169664

Snippet: as a matter of public policy. Adoptions (section 63.162, Florida Statutes (1999)), actions establishing