The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.207

63.207 Out-of-state placement.—

(1) Unless the parent placing a minor for adoption files an affidavit that the parent chooses to place the minor outside the state, giving the reason for that placement, or the minor is to be placed with a relative or with a stepparent, or the minor is a difficult-to-place child, as defined in s. 409.166(2), or for other good cause shown, an adoption entity may not:

(a) Take or send a minor out of the state for the purpose of placement for adoption; or

(b) Place or attempt to place a minor for the purpose of adoption with a family who primarily lives and works outside Florida in another state. If an adoption entity is acting under this subsection, the adoption entity must file a petition for declaratory statement pursuant to s. 63.102 for prior approval of fees and costs. The court shall review the costs pursuant to s. 63.097. The petition for declaratory statement must be converted to a petition for an adoption upon placement of the minor in the home. When a minor is placed for adoption with prospective adoptive parents who primarily live and work outside this state, the circuit court in this state may retain jurisdiction over the matter until the adoption becomes final. The prospective adoptive parents may finalize the adoption in this state.

(2) An adoption entity may not counsel a birth mother to leave the state for the purpose of giving birth to a child outside the state in order to secure a fee in excess of that permitted under s. 63.097 when it is the intention that the child is to be placed for adoption outside the state.

(3) When applicable, the Interstate Compact on the Placement of Children authorized in s. 409.401 shall be used in placing children outside the state for adoption.

History.—s. 12, ch. 75-226; s. 24, ch. 77-147; s. 8, ch. 78-190; s. 4, ch. 84-101; s. 9, ch. 87-397; s. 21, ch. 92-96; s. 30, ch. 2001-3; s. 34, ch. 2003-58; s. 2, ch. 2022-55.

F.S. 63.207 on Google Scholar

F.S. 63.207 on Casetext

Amendments to 63.207

Arrestable Offenses / Crimes under Fla. Stat. 63.207

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.207.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. S. In C. S. G. S. M. S., 932 So. 2d 1195 (Fla. Dist. Ct. App. 2006)

. . . On remand, the trial court also should consider the requirements of sections 63.207(3) (stating that . . .

C. S. J. S. v. S. H. K. H., 671 So. 2d 260 (Fla. Dist. Ct. App. 1996)

. . . See also § 63.207, Fla.Stat. (1993). . . .

RUSHING, a v. E. BOSSE, R. P. A., 652 So. 2d 869 (Fla. Dist. Ct. App. 1995)

. . . Patsner, to falsify Florida residency in order to circumvent section 63.185 and subsection 63.207(l)( . . .

FRIENDS OF CHILDREN, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 35 Fla. Supp. 2d 208 (Fla. Div. Admin. Hearings 1988)

. . . place their children with FRIENDS in Georgia, FRIENDS violated the statutory prohibition in Sections 63.207 . . .

PETITION FOR ADOPTION BY MARTYAK, 28 Fla. Supp. 2d 43 (Fla. Cir. Ct. 1988)

. . . Counsel for the petitioners urges Florida Statute 63.207 — Out of State Placement, and Florida Statute . . .

STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. FRIENDS OF CHILDREN, INC., 653 F. Supp. 1221 (N.D. Fla. 1986)

. . . HRS relies on Fla.Stat. § 63.207(l)(a) in support of its position. . . . Having rejected the interpretation urged by HRS, the court must also conclude that Section 63.207(1) . . . Fla Sta. § 63.207(1). . . . Accordingly, reading Section 63.207 as urged by HRS would necessarily lead this court to conclude the . . . A child may be taken out of state and placed for adoption under the terms of Section 63.207 as interpreted . . .

NATIONAL ADOPTION COUNSELING SERVICE, INC. v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 480 So. 2d 250 (Fla. Dist. Ct. App. 1985)

. . . National is charged in Count II with operating as a child-placing agency in violation of sections 63.207 . . .

In L. A. C. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. CASTAGNINO,, 429 So. 2d 102 (Fla. Dist. Ct. App. 1983)

. . . to have the petition for adoption dismissed on the grounds that the adoption would violate section 63.207 . . . The statute upon which the department relies reads as follows: 63.207 Out-of-state placement.— (1) No . . . department cannot argue that the legislature merely replaced the earlier residency requirement with section 63.207 . . . Section 63.207(1) is designed to prevent sending a child to another state for adoption in that state; . . .