Florida Statutes

Fla. Stat. § 63.172 (2025)

Effect of judgment of adoption.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 49 cases (2 in the last 5 years), 1979–2025 · leading case: In Re Will of Martell, 457 So. 2d 1064 (Fla. 2d DCA 1984).

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In Re Will of Martell, 457 So. 2d 1064 (Fla. 2d DCA 1984). · cites it 10× “Section 63.172, Florida Statutes (1979), provides in pertinent part: (1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect: .”

Kranz v. Kranz, 661 So. 2d 876 (Fla. 3d DCA 1995). · cites it 12× “We hold that the debtor parent is not excused from those payments, and that section 63.172, Florida Statutes, (1991) only relieves that parent from the obligation to make future support payments once the child has been adopted.”

Schroeder v. Gebhart, 825 So. 2d 442 (Fla. 5th DCA 2002). · cites it 4× “See § 63.172, Fla. Stat. (2000). [1] But our analysis cannot stop there.”

Beard v. Hamilton, 512 So. 2d 1088 (Fla. 2d DCA 1987). · cites it 7× “Section 63.172, Florida Statutes (1985), provides that "a judgment of adoption .”

Von Eiff v. Azicri, 720 So. 2d 510 (Fla. 1998). · cites it 2× “" § 63.172(1)(c), Fla. Stat. (1993). Besides the constitutional infirmity, there is an inherent problem with utilizing a best interest analysis as the basis for government interference in the private lives of a family, rather than requiring a showing of demonstrable harm to the…”

Lonon v. Ferrell, 739 So. 2d 650 (Fla. 2d DCA 1999). · cites it 6× “07, Florida Statutes (1997), [4] abrogates the absolute terms of section 63.172 by providing for survival of grandparents' rights to visitation when a *653 stepparent adopts a child.”

Davis v. Dixon, 545 So. 2d 318 (Fla. 3d DCA 1989). · cites it 7× “Pursuant to section 63.172(1)(b), Florida Statutes (1987) [4] all legal relationships between an adopted person and his relatives including his natural parents terminates upon a judgment of adoption becoming final.”

Matter of Adoption of Cottrill, 388 So. 2d 302 (Fla. 3d DCA 1980). · cites it 4× “[2] Section 63.172(1), Florida Statutes (1977), sets forth the legal effects of a judgment of adoption.”

Ramey v. Thomas, 382 So. 2d 78 (Fla. 5th DCA 1980). · cites it 3× “[7] § 63.172 Fla. Stat. (1979). [8] Rule 1.540(b), Fla.”

Von Eiff v. Azicri, 699 So. 2d 772 (Fla. 3d DCA 1997). · cites it 5× “See § 63.172(1)(b) (1996) (adoption "terminates all legal relationships between the adopted person and the adopted person's relatives,.”

Embry v. Ryan, 11 So. 3d 408 (Fla. 2d DCA 2009). · cites it 4× “[2] Section 63.172(1)(c), Florida Statutes (2007), also provides that an adoption judgment, whether entered by a court of this state or another state, has the effect of creating a relationship between the adopted child and the petitioner that would have existed if the adopted…”

Beam v. State, 1 So. 3d 331 (Fla. 5th DCA 2009). · cites it 5× “that incest encompasses adopted as well as blood relatives is persuasive because the Connecticut adoption statute is similar to section 63.172, Florida Statutes, which provides in relevant part: (1) A judgment of adoption, whether entered by a court of this state, another state,…”

Show all 49 citing cases →

— 63.172(1) — 4 cases

Matter of Adoption of Cottrill, 388 So. 2d 302 (Fla. 3d DCA 1980). “[2] Section 63.172(1), Florida Statutes (1977), sets forth the legal effects of a judgment of adoption.”

Lonon v. Ferrell, 739 So. 2d 650 (Fla. 2d DCA 1999). “07, Florida Statutes (1997), [4] abrogates the absolute terms of section 63.172 by providing for survival of grandparents' rights to visitation when a *653 stepparent adopts a child.”

Worley v. Worley, 534 So. 2d 862 (Fla. 1st DCA 1988).

Iris Bergman & John Stiglich v. In Re: Adoption of Z.e.s., a Child, 238 So. 3d 847 (Fla. 4th DCA 2018).

— 63.172(1)(a) — 4 cases

O.A.H. v. R.L.A., 712 So. 2d 4 (Fla. 2d DCA 1998).

Oah v. Rla, 712 So. 2d 4 (Fla. 2d DCA 1998).

Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas (Fla. 2025).

Iris Bergman & John Stiglich v. In Re: Adoption of Z.e.s., a Child, 238 So. 3d 847 (Fla. 4th DCA 2018).

— 63.172(1)(b) — 15 cases

In Re Will of Martell, 457 So. 2d 1064 (Fla. 2d DCA 1984). “Section 63.172, Florida Statutes (1979), provides in pertinent part: (1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect: .”

Ramey v. Thomas, 483 So. 2d 747 (Fla. 5th DCA 1986).

Kranz v. Kranz, 661 So. 2d 876 (Fla. 3d DCA 1995). “We hold that the debtor parent is not excused from those payments, and that section 63.172, Florida Statutes, (1991) only relieves that parent from the obligation to make future support payments once the child has been adopted.”

Worley v. Worley, 534 So. 2d 862 (Fla. 1st DCA 1988).

— 63.172(1)(c) — 12 cases

Von Eiff v. Azicri, 720 So. 2d 510 (Fla. 1998). “" § 63.172(1)(c), Fla. Stat. (1993). Besides the constitutional infirmity, there is an inherent problem with utilizing a best interest analysis as the basis for government interference in the private lives of a family, rather than requiring a showing of demonstrable harm to the…”

Embry v. Ryan, 11 So. 3d 408 (Fla. 2d DCA 2009). “[2] Section 63.172(1)(c), Florida Statutes (2007), also provides that an adoption judgment, whether entered by a court of this state or another state, has the effect of creating a relationship between the adopted child and the petitioner that would have existed if the adopted…”

Von Eiff v. Azicri, 699 So. 2d 772 (Fla. 3d DCA 1997). “See § 63.172(1)(b) (1996) (adoption "terminates all legal relationships between the adopted person and the adopted person's relatives,.”

Russell v. Pasik, 178 So. 3d 55 (Fla. 2d DCA 2015).

Matter of Adoption of Cottrill, 388 So. 2d 302 (Fla. 3d DCA 1980). “[2] Section 63.172(1), Florida Statutes (1977), sets forth the legal effects of a judgment of adoption.”

— 63.172(2) — 4 cases

Davis v. Dixon, 545 So. 2d 318 (Fla. 3d DCA 1989). “Pursuant to section 63.172(1)(b), Florida Statutes (1987) [4] all legal relationships between an adopted person and his relatives including his natural parents terminates upon a judgment of adoption becoming final.”

Dixon v. Melton, 515 So. 2d 1309 (Fla. 1st DCA 1987).

Kay v. Swartz, 506 So. 2d 1101 (Fla. 3d DCA 1987).

Turner v. Weeks, 384 So. 2d 193 (Fla. 2d DCA 1980).

— 63.172(b) — 1 case

Pacha v. Salfi, 381 So. 2d 373 (Fla. 5th DCA 1980).

— 63.172(l)(a) — 2 cases

O.A.H. v. R.L.A., 712 So. 2d 4 (Fla. 2d DCA 1998).

In re C.T.D., 623 So. 2d 834 (Fla. 4th DCA 1993).

— 63.172(l)(b) — 3 cases

Y.H. v. F.L.H., 784 So. 2d 565 (Fla. 1st DCA 2001).

S.J. ex rel. M.W. v. W.L., 755 So. 2d 753 (Fla. 4th DCA 2000).

Barnett Banks Trust Co. v. Pope, 46 Fla. Supp. 2d 192 (Fla. Cir. Ct. 1991).

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