Florida Statute 63.172 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.172

63.172 Effect of judgment of adoption.—

(1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect:

(a) It relieves the birth parents of the adopted person, except a birth parent who is a petitioner or who is married to a petitioner, of all parental rights and responsibilities.

(b) It terminates all legal relationships between the adopted person and the adopted person’s relatives, including the birth parents, except a birth parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his or her former relatives for all purposes, including the interpretation or construction of documents, statutes, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship, except that rights of inheritance shall be as provided in the Florida Probate Code.

(c) Except for rights of inheritance, it creates the relationship between the adopted person and the petitioner and all relatives of the petitioner that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock. This relationship shall be created for all purposes, including applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly exclude an adopted person from their operation or effect.

(2) If one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child thereafter adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption and, unless the court orders otherwise, the adoption will not terminate any grandparental rights delineated under chapter 752. For purposes of this subsection, a close relative of a child is the child’s brother, sister, grandparent, aunt, or uncle.

History.—s. 17, ch. 73-159; s. 11, ch. 75-226; s. 1, ch. 79-369; s. 1, ch. 87-27; s. 1, ch. 90-139; s. 18, ch. 92-96; s. 1, ch. 93-192; s. 342, ch. 95-147; s. 1, ch. 2001-226.

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Amendments to 63.172

Annotations, Discussions, Cases:

Cases Citing Statute 63.172

Total Results: 44

Von Eiff v. Azicri

720 So. 2d 510, 1998 WL 804685

Supreme Court of Florida | Filed: Nov 12, 1998 | Docket: 1719204

Cited 56 times | Published

were [the adoptive parent's] blood descendant." § 63.172(1)(c), Fla. Stat. (1993). Besides the constitutional

In Re Will of Martell

457 So. 2d 1064

District Court of Appeal of Florida | Filed: Jun 29, 1984 | Docket: 1522336

Cited 15 times | Published

child did not inherit from his natural kindred. Section 63.172, Florida Statutes (1979), provides in pertinent

Ramey v. Thomas

382 So. 2d 78

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

Cited 14 times | Published

grandparents in dissolution proceedings). [7] § 63.172 Fla. Stat. (1979). [8] Rule 1.540(b), Fla.Rules

Peregood v. Cosmides

663 So. 2d 665, 1995 WL 627459

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 1313758

Cited 13 times | Published

on Michael's behalf under the previous order. § 63.172, Fla. Stat. (1993). During the adoption proceedings

Lewis v. Green

389 So. 2d 235, 11 A.L.R. 4th 927

District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 1683038

Cited 13 times | Published

relationships for purposes of intestate succession. Section 63.172, Florida Statutes (1979), provides: (1) A judgment

Matter of Adoption of Cottrill

388 So. 2d 302

District Court of Appeal of Florida | Filed: Sep 16, 1980 | Docket: 420156

Cited 11 times | Published

effect made her the natural parent of the child, Section 63.172(1)(c), Florida Statutes (1977), and a further

Schroeder v. Gebhart

825 So. 2d 442, 2002 WL 1585834

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 1312519

Cited 10 times | Published

effect of excluding the adopted out children. See § 63.172, Fla. Stat. (2000).[1] But our analysis cannot

Lonon v. Ferrell

739 So. 2d 650, 1999 WL 550673

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 2540254

Cited 8 times | Published

Lonons are statutory strangers to the child. See § 63.172(1)(b), Fla. Stat. (1997). But they contend that

Oah v. Rla

712 So. 2d 4, 1998 WL 210570

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 1471423

Cited 8 times | Published

a non-consenting parent's parental rights. See § 63.172(1)(a), Fla. Stat. (1993). O.A.H. requested appointed

Yh v. Flh

784 So. 2d 565, 2001 WL 505254

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 1743978

Cited 7 times | Published

stranger without an opportunity to be heard. Section 63.172(1)(b), Florida Statutes (1999) states that

LR v. Department of Children & Families

822 So. 2d 527, 2002 Fla. App. LEXIS 10078, 2002 WL 1614058

District Court of Appeal of Florida | Filed: Jul 17, 2002 | Docket: 1757188

Cited 6 times | Published

sole discretion of *530 the adoptive parents. See § 63.172, Fla. Stat. (2001). Immediately thereafter, the

Von Eiff v. Azicri

699 So. 2d 772, 1997 WL 574644

District Court of Appeal of Florida | Filed: Sep 17, 1997 | Docket: 1502941

Cited 6 times | Published

in parenting decisions as natural parents. See § 63.172(1)(c), Fla. Stat. (1996); Korbin v. Ginsberg,

Ramey v. Thomas

483 So. 2d 747, 11 Fla. L. Weekly 261

District Court of Appeal of Florida | Filed: Jan 23, 1986 | Docket: 159917

Cited 6 times | Published

her maternal grandparents. In this context, section 63.172(1)(b), Florida Statutes (1983) terminates all

Beam v. State

1 So. 3d 331, 2009 Fla. App. LEXIS 1879, 2009 WL 151096

District Court of Appeal of Florida | Filed: Jan 23, 2009 | Docket: 1653933

Cited 5 times | Published

the court held that the adoption statute, section 63.172, cannot erase the biological fact of lineal

Y.H. v. F.L.H.

784 So. 2d 565, 2001 Fla. App. LEXIS 6636

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 64805229

Cited 5 times | Published

stranger without an opportunity to be heard. Section 63.172(l)(b), Florida Statutes (1999) states that

Ljr v. Tt

739 So. 2d 1283, 1999 WL 743565

District Court of Appeal of Florida | Filed: Sep 14, 1999 | Docket: 1688742

Cited 5 times | Published

descendant of the petitioner born within wedlock." § 63.172(1)(c), Fla.Stat. (1997). This provision "purports

Kranz v. Kranz

661 So. 2d 876, 1995 WL 581377

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 532317

Cited 5 times | Published

is not excused from those payments, and that section 63.172, Florida Statutes, (1991) only relieves that

Beard v. Hamilton

512 So. 2d 1088, 12 Fla. L. Weekly 2285

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 473312

Cited 5 times | Published

case nor provided us with briefs. We reverse. Section 63.172, Florida Statutes (1985), provides that "a

Calderon v. Torres

445 So. 2d 1040

District Court of Appeal of Florida | Filed: Jan 17, 1984 | Docket: 2542078

Cited 5 times | Published

lost all parental right to the child under Section 63.172, Florida Statutes (1981), including visitation

Russell v. Pasik

178 So. 3d 55, 2015 Fla. App. LEXIS 15177

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 60294109

Cited 4 times | Published

the rights of a parent that she now seeks. See § 63.172(1)(c), Fla. Stat. (2014).3 In order to prevent

In Re Estate of Dellinger

760 So. 2d 1016, 2000 WL 763762

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 1695288

Cited 4 times | Published

relationship. Crocker, 661 So.2d at 1244 (citing § 63.172, Fla. Stat. (1993)) (emphasis added). As such

Dixon v. Melton

515 So. 2d 1309, 1987 WL 1330

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 1467913

Cited 4 times | Published

proceedings was married to Ms. Dixon. Compare § 63.172(2), Fla. Stat. (1987). On June 30, 1987, the Meltons

Green v. Quincy State Bank

368 So. 2d 451

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 1723234

Cited 4 times | Published

This statute with slight variation appears as Section 63.172, Florida Statutes (1977). Chapter 73-159 contains

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

the adopted child and her blood relatives. See § 63.172(1)(b), Fla. Stat. (1999). On the other hand, section

Hendry v. State

571 So. 2d 94, 1990 WL 202691

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 352821

Cited 3 times | Published

recognize that the adoption statute includes in section 63.172(1)(b) the provision that adoption "terminates

Worley v. Worley

534 So. 2d 862, 1988 WL 128267

District Court of Appeal of Florida | Filed: Dec 5, 1988 | Docket: 1295622

Cited 3 times | Published

to the adult, appellant James. Pursuant to Section 63.172(1)(b), Florida Statutes (1987), a judgment

Mauldin v. Richter

515 So. 2d 1030, 1987 WL 4135

District Court of Appeal of Florida | Filed: Oct 28, 1987 | Docket: 1467315

Cited 3 times | Published

legal relation to her granddaughter by virtue of § 63.172 Fla. Stat. which provides that a judgment of adoption

Embry v. Ryan

11 So. 3d 408, 2009 Fla. App. LEXIS 4633, 2009 WL 1311599

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1656659

Cited 2 times | Published

required to recognize the Washington judgment. . Section 63.172(1)(c), Florida Statutes (2007), also provides

Davis v. Dixon

545 So. 2d 318, 1989 WL 47174

District Court of Appeal of Florida | Filed: May 9, 1989 | Docket: 1344819

Cited 2 times | Published

with the following observations. Pursuant to section 63.172(1)(b), Florida Statutes (1987)[4] all legal

Sanders v. Sanders

498 So. 2d 1063, 12 Fla. L. Weekly 69

District Court of Appeal of Florida | Filed: Dec 18, 1986 | Docket: 109228

Cited 2 times | Published

Jordan of any legal rights regarding the child. § 63.172(1)(b), Fla. Stat. (1985). *1064 Despite the lack

Pacha v. Salfi

381 So. 2d 373

District Court of Appeal of Florida | Filed: Mar 26, 1980 | Docket: 1718820

Cited 2 times | Published

parties. The petitioner's argument is simple: Section 63.172(b), Florida Statutes (1978) provides, in part

Department of Children and Families v. PK

893 So. 2d 678, 2005 WL 386881

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 690891

Cited 1 times | Published

provision would not be legally enforceable. See section 63.172 (adoption terminates all legal relationship

Leonard v. Crocker

661 So. 2d 1244, 1995 Fla. App. LEXIS 10967, 1995 WL 608227

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 64759589

Cited 1 times | Published

designation in the IRA account. We entirely agree. Section 63.172, Florida Statutes (1993), provides a judgment

In Interest of RCE

535 So. 2d 673, 1988 WL 138509

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 1711116

Cited 1 times | Published

grandparental rights." (emphasis added). Thus, while section 63.172(1)(b) provides that an adopted person is a

Atwell v. Sacred Heart Hosp. of Pensacola

520 So. 2d 30, 13 Fla. L. Weekly 90, 1988 Fla. LEXIS 168, 1988 WL 10271

Supreme Court of Florida | Filed: Feb 11, 1988 | Docket: 1300330

Cited 1 times | Published

may no longer inherit from his natural parents. § 63.172, Fla. Stat. (1985). Upon adoption, the original

Kay v. Swartz

506 So. 2d 1101, 12 Fla. L. Weekly 1161, 1987 Fla. App. LEXIS 8081

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 64626996

Cited 1 times | Published

recognized in both the Florida Adoption Act (F.S. § 63.172(2)) and the Florida Probate Code (F.S. § 732.108(l)(b))

JOHN TAULBEE and ANN TAULBEE, etc. v. AMY JEANNE KOZEL, etc.

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738037

Published

examination of several intersecting sources of law. Section 63.172, Florida Statutes (2021), entitled “Effect

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

238 So. 3d 847

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326626

Published

would sever the father’s parental rights under section 63.172(1), Florida Statutes (2016). The cited subsection

Russell v. Pasik

178 So. 3d 55, 2015 WL 5947198

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919902

Published

the rights of a parent that she now seeks. See § 63.172(1)(c), Fla. Stat. (2014). 3 In

Levy v. Dellinger

760 So. 2d 1016, 2000 Fla. App. LEXIS 7233

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64798115

Published

relationship. Crocker, 661 So.2d at 1244 (citing § 63.172, Fla. Stat. (1993)) (emphasis added). As such

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

the adopted child and her blood relatives. See § 63.172(l)(b), Fla. Stat. (1999). On the other hand, section

O.A.H. v. R.L.A.

712 So. 2d 4, 1998 Fla. App. LEXIS 871

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 64781283

Published

a non-consenting parent’s parental rights. See § 63.172(l)(a), Fla. Stat. (1993). O.A.H. requested appointed

In re C.T.D.

623 So. 2d 834, 1993 Fla. App. LEXIS 8966, 1993 WL 337479

District Court of Appeal of Florida | Filed: Sep 8, 1993 | Docket: 64698548

Published

parental rights. The court reasoned that under Section 63.172(l)(a) and (b), Florida Statutes (1991), her

Turner v. Weeks

384 So. 2d 193, 1980 Fla. App. LEXIS 16151

District Court of Appeal of Florida | Filed: May 16, 1980 | Docket: 64576450

Published

appears in the will. The second statute was Section 63.172, Florida Statutes (1979), which provides in