Florida Statute 63.172 | Lawyer Caselaw & Research

The 2024 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.

F.S. 63.172 on Google Scholar

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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 Citing Statute 63.172

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2023-01-18

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 238 So. 3d 847

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

Russell v. Pasik

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

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

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

Russell v. Pasik

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

Citation: 178 So. 3d 55, 2015 WL 5947198

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

Kemp & Associates, Inc. v. Chisholm

Court: District Court of Appeal of Florida | Date Filed: 2015-02-06

Citation: 162 So. 3d 172, 2015 Fla. App. LEXIS 1555, 2015 WL 477856

Snippet: 609 (Fla. 5th DCA 1981). Pursuant to sections 63.172 and 732.108, Florida Statutes, "an adoption terminates

Adoption of D.P.P. v. C.P.

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

Citation: 158 So. 3d 633, 2014 Fla. App. LEXIS 7815, 2014 WL 2109130

Snippet: adoption pursuant to sections 63.042, 63.102 and 63.172, Florida Statutes, because G.P. was not a step-parent

Embry v. Ryan

Court: District Court of Appeal of Florida | Date Filed: 2009-05-13

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

Snippet: recognize the Washington judgment. . Section 63.172(1)(c), Florida Statutes (2007), also provides that

Beam v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-01-23

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

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

G.S. v. T.B.

Court: Supreme Court of Florida | Date Filed: 2008-05-22

Citation: 985 So. 2d 978

Snippet: children and natural parents. See, e.g., §§ 63.032(2), 63.172, Fla. Stat. (2005).1 CONCLUSION Based on the above

Gs v. Tb

Court: Supreme Court of Florida | Date Filed: 2008-05-22

Citation: 985 So. 2d 978, 33 Fla. L. Weekly Supp. 325, 2008 Fla. LEXIS 1243

Snippet: children and natural parents. See, e.g., §§ 63.032(2), 63.172, Fla. Stat. (2005).[1] CONCLUSION Based on the

Department of Children and Families v. PK

Court: District Court of Appeal of Florida | Date Filed: 2005-02-18

Citation: 893 So. 2d 678, 2005 WL 386881

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

Schroeder v. Gebhart

Court: District Court of Appeal of Florida | Date Filed: 2002-07-19

Citation: 825 So. 2d 442, 2002 WL 1585834

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

LR v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2002-07-17

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2001-05-15

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

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

Yh v. Flh

Court: District Court of Appeal of Florida | Date Filed: 2001-05-15

Citation: 784 So. 2d 565, 2001 WL 505254

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

Levy v. Dellinger

Court: District Court of Appeal of Florida | Date Filed: 2000-06-14

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

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

In Re Estate of Dellinger

Court: District Court of Appeal of Florida | Date Filed: 2000-06-14

Citation: 760 So. 2d 1016, 2000 WL 763762

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2000-03-29

Citation: 755 So. 2d 753, 2000 Fla. App. LEXIS 3682

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

SJ Ex Rel. MW v. WL

Court: District Court of Appeal of Florida | Date Filed: 2000-03-29

Citation: 755 So. 2d 753, 2000 WL 314472

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

L.J.R. v. T.T.

Court: District Court of Appeal of Florida | Date Filed: 1999-09-14

Citation: 739 So. 2d 1283, 1999 Fla. App. LEXIS 12179

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