Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 63.172 | Lawyer Caselaw & Research
F.S. 63.172 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 63.172

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
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.

F.S. 63.172 on Google Scholar

F.S. 63.172 on Casetext

Amendments to 63.172


Arrestable Offenses / Crimes under Fla. Stat. 63.172
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.172.



Annotations, Discussions, Cases:

Cases from cite.case.law:

I. B. J. S. v. In ADOPTION OF Z. E. S. a, 238 So. 3d 847 (Fla. App. Ct. 2018)

. . . finding that the entry of judgment of adoption would sever the father's parental rights under section 63.172 . . . See § 63.172(1)(a)-(b) (emphasis added). . . . adoption as the act of creating the legal relationship between parent and child where it did not exist); § 63.172 . . . While a myopic reading of subparagraphs 63.172(1)(a) and (b) allows a birth parent to be "a petitioner . . .

RUSSELL, v. A. PASIK,, 178 So. 3d 55 (Fla. Dist. Ct. App. 2015)

. . . See § 63.172(1)(c), Fla. Stat. (2014). . . .

KEMP ASSOCIATES, INC. v. CHISHOLM,, 162 So. 3d 172 (Fla. Dist. Ct. App. 2015)

. . . Pursuant to sections 63.172 and 732.108, Florida Statutes, "an adoption terminates the legal relationship . . .

In ADOPTION OF D. P. P. G. P. v. C. P., 158 So. 3d 633 (Fla. Dist. Ct. App. 2014)

. . . never had subject matter jurisdiction to grant the adoption pursuant to sections 63.042, 63.102 and 63.172 . . .

EMBRY, v. RYAN,, 11 So. 3d 408 (Fla. Dist. Ct. App. 2009)

. . . Section 63.172(1)(c), Florida Statutes (2007), also provides that an adoption judgment, whether entered . . .

BEAM, v. STATE, 1 So. 3d 331 (Fla. Dist. Ct. App. 2009)

. . . only Florida case addressing incest and adoption, the court held that the adoption statute, section 63.172 . . . well as blood relatives is persuasive because the Connecticut adoption statute is similar to section 63.172 . . . adoption judgment, that do not expressly exclude an adopted person from their operation or effect. § 63.172 . . .

G. S. v. T. B., 985 So. 2d 978 (Fla. 2008)

. . . See, e.g., §§ 63.032(2), 63.172, Fla. Stat. (2005). . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. P. K. N. K. D. K. S. S. D. P., 893 So. 2d 678 (Fla. Dist. Ct. App. 2005)

. . . See section 63.172 (adoption terminates all legal relationship between the adopted person and the adopted . . .

SCHROEDER v. GERHART, 825 So. 2d 442 (Fla. Dist. Ct. App. 2002)

. . . See § 63.172, Fla. Stat. (2000). But our analysis cannot stop there. . . . Section 63.172, Florida Statutes provides: (1) A judgment of adoption, whether entered by a court of . . .

L. R. L. R. v. DEPARTMENT OF CHILDREN FAMILIES,, 822 So. 2d 527 (Fla. Dist. Ct. App. 2002)

. . . See § 63.172, Fla. Stat. (2001). . . .

Y. H. v. F. L. H. K. W. H., 784 So. 2d 565 (Fla. Dist. Ct. App. 2001)

. . . Section 63.172(l)(b), Florida Statutes (1999) states that a judgment of adoption terminates all legal . . .

In ESTATE OF DELLINGER, v. H., 760 So. 2d 1016 (Fla. Dist. Ct. App. 2000)

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

S. J. I. J. M. W. D. B. v. W. L. L. L., 755 So. 2d 753 (Fla. Dist. Ct. App. 2000)

. . . See § 63.172(l)(b), Fla. Stat. (1999). . . .

L. J. R. L. J. R. II, v. T. T., 739 So. 2d 1283 (Fla. Dist. Ct. App. 1999)

. . . .” § 63.172(1)(c), Fla.Stat. (1997). . . .

D. LONON v. FERRELL, 739 So. 2d 650 (Fla. Dist. Ct. App. 1999)

. . . See § 63.172(l)(b), Fla. Stat. (1997). . . . they contend that section 752.07, Florida Statutes (1997), abrogates the absolute terms of section 63.172 . . . Von Eiff, 720 So.2d at 516 (citing § 63.172(l)(c), Fla. Stat. (1993)). . . . In the face of this discussion, we refuse to read section 752.07 as a limitation on section 63.172(1) . . .

VON EIFF v. AZICRI, 720 So. 2d 510 (Fla. 1998)

. . . .” § 63.172(l)(c), Fla. Stat. (1993). . . .

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

. . . . § 63.172 (West 1997). . . .

O. A. H. v. R. L. A. E. P. A., 712 So. 2d 4 (Fla. Dist. Ct. App. 1998)

. . . See § 63.172(l)(a), Fla. Stat. (1993). O.A.H. requested appointed counsel because he was indigent. . . . ] .... ” § 63.172(1)(a) and (b), Fla. Stat. (1993). . . .

VON EIFF v. AZICRI, 699 So. 2d 772 (Fla. Dist. Ct. App. 1997)

. . . See § 63.172(1)(c), Fla. Stat. (1996); Korbin v. . . . See § 63.172(l)(b) (1996) (adoption “terminates all legal relationships between the adopted person and . . . See § 63.172(l)(c), Fla. Stat. (1995). That is not the point here. . . .

PEREGOOD, a v. COSMIDES, 663 So. 2d 665 (Fla. Dist. Ct. App. 1995)

. . . . § 63.172, Fla.Stat. (1993). . . .

LEONARD, E. v. CROCKER,, 661 So. 2d 1244 (Fla. Dist. Ct. App. 1995)

. . . Section 63.172, Florida Statutes (1993), provides a judgment of adoption “... terminates all legal relationships . . .

L. KRANZ, v. KRANZ,, 661 So. 2d 876 (Fla. Dist. Ct. App. 1995)

. . . We hold that the debtor parent is not excused from those payments, and that section 63.172, Florida Statutes . . . By using the term “thereafter” in section 63.172(l)(b), the legislature intended that a judgment of adoption . . . Likewise, the term “thereafter” in section 63.172(l)(b), Florida Statutes, indicates that a judgment . . . We hold, therefore, that section 63.172, Florida Statutes, does not discharge child support arrearages . . . These payments are thus far more than “responsibilities" referred to in section 63.172; they are unpaid . . .

In C. T. D. a, 623 So. 2d 834 (Fla. Dist. Ct. App. 1993)

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

BARNETT BANKS TRUST COMPANY, N. A. v. POPE,, 46 Fla. Supp. 2d 192 (Fla. Cir. Ct. 1991)

. . . However, Trustee contends that § 63.172 Fla. . . . . § 63.172 Fla. . . . things can change before then — contingent beneficiaries may die, leaving as yet unborn children. §63.172 . . . his adoptive parents; and subsequently the legislature changed this policy with the enactment of § 63.172 . . . Since the statute in effect when the testamentary trust in the Martel case terminated was § 63.172, the . . .

HENDRY, v. STATE HENDRY, v. STATE, 571 So. 2d 94 (Fla. Dist. Ct. App. 1990)

. . . We recognize that the adoption statute includes in section 63.172(l)(b) the provision that adoption “ . . . Furthermore, we agree with the trial court that by the passage of section 63.172 the legislature did . . .

DAVIS v. DIXON, 545 So. 2d 318 (Fla. Dist. Ct. App. 1989)

. . . Such exemptions are granted by section 63.172(2), Florida Statutes (1987), effective May 14, 1987 and . . . Section 63.172(2) provides that grandparental rights delineated under Chapter 752, Florida Statutes do . . . Dixon to the child to ascertain whether or not she is a close relative within the meaning of section 63.172 . . . also In Re Adoption of H.Y.T., 458 So.2d 1127 (Fla.1984); Section 63.022(2)(/), Fla.Stat. (1987). . 63.172 . . . adopted person by name or by some designation not based on a parent and child or blood relationship. . 63.172 . . .

In R. C. E. III C. D. E, 535 So. 2d 673 (Fla. Dist. Ct. App. 1988)

. . . Thus, while section 63.172(l)(b) provides that an adopted person is a stranger to former natural relatives . . .

WORLEY, v. WORLEY,, 534 So. 2d 862 (Fla. Dist. Ct. App. 1988)

. . . Pursuant to Section 63.172(l)(b), Florida Statutes (1987), a judgment of adoption “terminates all legal . . . legal relationships between [appellant] and his relatives, including his natural parents,” Section 63.172 . . . Section 63.172(1) seeks to assure that the severance of family ties by adoption be complete so as to . . . that a new lineal descendancy was created by the adoption of that parent before their birth, Section 63.172 . . .

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

. . . . § 63.172, Fla. Stat. (1985). . . .

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

. . . Compare § 63.172(2), Fla.Stat. (1987). . . .

MAULDIN, v. RICHTER, 515 So. 2d 1030 (Fla. Dist. Ct. App. 1987)

. . . omission on her part, appellant no longer has any legal relation to her granddaughter by virtue of § 63.172 . . . In the chilling words of § 63.172(l)(b), appellant’s granddaughter is now “a stranger to [her] former . . .

BEARD v. HAMILTON, 512 So. 2d 1088 (Fla. Dist. Ct. App. 1987)

. . . lost standing to petition the court for grandparent visitation pursuant to Florida Statutes Chapter 63.172 . . . Section 63.172, Florida Statutes (1985), provides that “a judgment of adoption ... terminates all legal . . . Although section 63.172(l)(b) is written in absolute terms, we perceive an ambiguity in that statute . . . The court noted further that section 63.172 is “[sjomewhat ambiguous regarding maintaining the status . . . Section 63.172 seeks to assure that the severance of family ties by adoption be complete so as to protect . . .

In ESTATE OF KANEVSKY, KAY, v. SWARTZ,, 506 So. 2d 1101 (Fla. Dist. Ct. App. 1987)

. . . In reaching its conclusion that Perry should share in the estate under sections 63.172(2), 732.108(1) . . . This exception is recognized in both the Florida Adoption Act (F.S. § 63.172(2)) and the Florida Probate . . .

In SANDERS, v. L. SANDERS,, 498 So. 2d 1063 (Fla. Dist. Ct. App. 1986)

. . . . § 63.172(l)(b), Fla.Stat. (1985). . . . Section 63.172(l)(b) “terminates all legal relationships between the adopted person and [her] former . . .

RAMEY v. B. THOMAS M., 483 So. 2d 747 (Fla. Dist. Ct. App. 1986)

. . . In this context, section 63.172(l)(b), Florida Statutes (1983) terminates all legal relationships between . . . Section 63.172(l)(b) provides that adoption "... terminates all legal relationships between the adopted . . .

In WILL OF J. MARTELL,, 457 So. 2d 1064 (Fla. Dist. Ct. App. 1984)

. . . Section 63.172, Florida Statutes (1979), provides in pertinent part: (1) A judgment of adoption, whether . . . Pursuant to section 63.172(l)(b), Florida Statutes (1979), the testator could have insured the inclusion . . . Moreover, we find section 63.172, Florida Statutes (1979), is not unconstitutional as applied to the . . . Since section 63.172, Florida Statutes (1979), was the law in effect when the testamentary trust terminated . . . This statute with slight variation appears as section 63.172, Florida Statutes (1979). . . . .

CALDERON, v. D TORRES,, 445 So. 2d 1040 (Fla. Dist. Ct. App. 1984)

. . . proceeding, as plainly "the natural mother by statute lost all parental right to the child under Section 63.172 . . .

In ESTATE OF MOONEY, MOONEY, v. MOONEY,, 395 So. 2d 608 (Fla. Dist. Ct. App. 1981)

. . . However, pursuant to sections 63.172 and 732.108, Florida Statutes (1979), which were in effect at the . . . unconstitutionally applied in this case did not deprive Ray Alan of any vested rights and therefore sections 63.172 . . .

G. LEWIS, v. GREEN, III, 389 So. 2d 235 (Fla. Dist. Ct. App. 1980)

. . . Section 63.172, Florida Statutes (1979), provides: (1) A judgment of adoption . . . has the following . . .

In ADOPTION COTTRILL. COLLINS, v. COTTRILL,, 388 So. 2d 302 (Fla. Dist. Ct. App. 1980)

. . . That act in effect made her the natural parent of the child, Section 63.172(1)(c), Florida Statutes ( . . . Section 63.172(1), Florida Statutes (1977), sets forth the legal effects of a judgment of adoption. . . .

TURNER v. WEEKS S., 384 So. 2d 193 (Fla. Dist. Ct. App. 1980)

. . . The second statute was Section 63.172, Florida Statutes (1979), which provides in pertinent part: (1) . . . The Turners contend on the other hand that this resolution overlooks subsection (2) of Section 63.172 . . . Not only did Baker predate the passage of Section 63.172, but it dealt with whether an adopted child . . . Section 63.172(2) evinces a legislative recognition that the mere fact that a child is adopted by the . . . We are confident that the legislature used the word “inheritance” in Section 63.172(2) in its modern . . .

A. PACHA, v. J. SALFI,, 381 So. 2d 373 (Fla. Dist. Ct. App. 1980)

. . . The petitioner’s argument is simple: Section 63.172(b), Florida Statutes (1978) provides, in part, that . . . Since Section 68.08, Florida Statutes, was enacted subsequent to the quoted language of Section 63.172 . . .

RAMEY L. v. B. THOMAS M., 382 So. 2d 78 (Fla. Dist. Ct. App. 1980)

. . . . § 63.172, Florida Statutes (1977). . § 744.391, Florida Statutes (1977). . . . . § 63.172 Fla.Stat. (1979). . Rule 1.540(b), Fla.Rules of Civil Procedure; Milgram v. . . .

A. GREEN, II, v. QUINCY STATE BANK, 368 So. 2d 451 (Fla. Dist. Ct. App. 1979)

. . . (Emphasis supplied) This statute with slight variation appears as Section 63.172, Florida Statutes (1977 . . . The able trial judge considered Section 63.172 above referred to as having retroactive application to . . .