Florida Statutes

Fla. Stat. § 63.207 (2025)

Out-of-state placement.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 5 cases, 1983–1996 · leading case: Rushing v. Bosse, 652 So. 2d 869 (Fla. 4th DCA 1995).

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Rushing v. Bosse, 652 So. 2d 869 (Fla. 4th DCA 1995). · cites it 2× “185 and subsection 63.207(1)(b), Florida Statutes (1991), which prohibit adoptions by out-of-state residents.”

C.S. v. S.H., 671 So. 2d 260 (Fla. 4th DCA 1996). · cites it 2× “212(l)(c), Florida Statutes (1995), which provides that "it is unlawful for any person except [HRS], an agency, or any intermediary to place or attempt to place within the state, the child for adoption unless the child is placed with a relative within the third degree or with a…”

STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986). · cites it 11× “2 DCA 1983), HRS argued that a Massachusetts couple could not adopt a child in Florida because such an adoption would violate Section 63.207, which prohibits out of state placement.”

State Dep't of Health & Rehabilitative Servs. v. Castagnino, 429 So. 2d 102 (Fla. 2d DCA 1983). · cites it 4× “The Department of Health and Rehabilitative Services moved to have the petition for adoption dismissed on the grounds that the adoption would violate section 63.207, Florida Statutes (1981), and that because respondents live in Massachusetts, the department could not conduct a…”

Cs v. Sh, 671 So. 2d 260 (Fla. 4th DCA 1996). · cites it 2× “212(1)(c), Florida Statutes (1995), which provides that "it is unlawful for any person except [HRS], an agency, or any intermediary to place or attempt to place within the state, the child for adoption unless the child is placed with a relative within the third degree or with a…”

— 63.207(1) — 2 cases

STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986). “2 DCA 1983), HRS argued that a Massachusetts couple could not adopt a child in Florida because such an adoption would violate Section 63.207, which prohibits out of state placement.”

State Dep't of Health & Rehabilitative Servs. v. Castagnino, 429 So. 2d 102 (Fla. 2d DCA 1983). “The Department of Health and Rehabilitative Services moved to have the petition for adoption dismissed on the grounds that the adoption would violate section 63.207, Florida Statutes (1981), and that because respondents live in Massachusetts, the department could not conduct a…”

— 63.207(1)(b) — 1 case

Rushing v. Bosse, 652 So. 2d 869 (Fla. 4th DCA 1995). “185 and subsection 63.207(1)(b), Florida Statutes (1991), which prohibit adoptions by out-of-state residents.”

— 63.207(l)(a) — 1 case

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