The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.212

63.212 Prohibited acts; penalties for violation.—

(1) It is unlawful for any person:

(a) To place or attempt to place a minor for adoption with a person who primarily lives and works outside this state unless all of the requirements of the Interstate Compact for the Placement of Children, when applicable, have been met.

(b) Except an adoption entity, to place or attempt to place within the state a minor for adoption unless the minor is placed with a relative or with a stepparent. This prohibition, however, does not apply to a person who is placing or attempting to place a minor for the purpose of adoption with the adoption entity.

(c) To sell or surrender, or to arrange for the sale or surrender of, a child to another person for money or anything of value or to receive such child for such payment or thing of value. If a child is being adopted by a relative or by a stepparent, or is being adopted through an adoption entity, this paragraph does not prohibit the person who is contemplating adopting the child from paying, under ss. 63.097 and 63.132, the actual prenatal care and living expenses of the mother of the child to be adopted, or from paying, under ss. 63.097 and 63.132, the actual living and medical expenses of such mother for a reasonable time, not to exceed 6 weeks after the birth of the child.

(d) Having the rights and duties of a parent with respect to the care and custody of a minor to assign or transfer such parental rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties.

(e) To assist in the commission of any act prohibited in paragraphs (a)-(d). In the case of a stepparent adoption, this paragraph does not preclude the forgiveness of vested child support arrearages owed by a parent.

(f) Except an adoption entity, to charge or accept any fee or compensation of any nature from anyone for making a referral in connection with an adoption.

(g) Except an adoption entity, to place an advertisement or offer to the public, in any way, by any medium whatever that a minor is available for adoption or that a minor is sought for adoption; and, further, it is unlawful for any person purchasing advertising space or purchasing broadcast time to advertise adoption services to fail to include in any publication or fail to include in the broadcast for such advertisement the Florida license number of the adoption entity or The Florida Bar number of the attorney placing the advertisement.

1. Only a person who is an attorney licensed to practice law in this state or an adoption entity licensed under the laws of this state may place a paid advertisement or paid listing of the person’s telephone number, on the person’s own behalf, in a telephone directory that:

a. A child is offered or wanted for adoption; or

b. The person is able to place, locate, or receive a child for adoption.

2. A person who publishes a telephone directory that is distributed in this state shall include, at the beginning of any classified heading for adoption and adoption services, a statement that informs directory users that only attorneys licensed to practice law in this state and licensed adoption entities may legally provide adoption services under state law.

3. A person who places an advertisement described in subparagraph 1. in a telephone directory must include the following information:

a. For an attorney licensed to practice law in this state, the person’s Florida Bar number.

b. For a child-placing agency licensed under the laws of this state, the number on the person’s adoption entity license.

(h) To contract for the purchase, sale, or transfer of custody or parental rights in connection with any child, in connection with any fetus yet unborn, or in connection with any fetus identified in any way but not yet conceived, in return for any valuable consideration. Any such contract is void and unenforceable as against the public policy of this state. However, fees, costs, and other incidental payments made in accordance with statutory provisions for adoption, foster care, and child welfare are permitted, and a person may agree to pay expenses in connection with a preplanned adoption agreement as specified in s. 63.213, but the payment of such expenses may not be conditioned upon the transfer of parental rights. Each petition for adoption which is filed in connection with a preplanned adoption agreement must clearly identify the adoption as a preplanned adoption arrangement and must include a copy of the preplanned adoption agreement for review by the court.

(2) Any person who is a birth mother, or a woman who holds herself out to be a birth mother, who is interested in making an adoption plan and who knowingly or intentionally benefits from the payment of adoption-related expenses in connection with that adoption plan commits adoption deception if:

(a) The person knows or should have known that the person is not pregnant at the time the sums were requested or received;

(b) The person accepts living expenses assistance from a prospective adoptive parent or adoption entity without disclosing that she is receiving living expenses assistance from another prospective adoptive parent or adoption entity at the same time in an effort to adopt the same child; or

(c) The person knowingly makes false representations to induce the payment of living expenses and does not intend to make an adoptive placement.

Any person who willfully commits adoption deception commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the sums received by the birth mother or woman holding herself out to be a birth mother do not exceed $300, and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the sums received by the birth mother or woman holding herself out to be a birth mother exceed $300. In addition, the person is liable for damages caused by such acts or omissions, including reasonable attorney fees and costs incurred by the adoption entity or the prospective adoptive parent. Damages may be awarded through restitution in any related criminal prosecution or by filing a separate civil action.

(3) This section does not prohibit an adoption entity from charging fees permitted under this chapter and reasonably commensurate to the services provided.

(4) It is unlawful for any adoption entity to fail to report to the court, within a reasonable time period, the intended placement of a minor for purposes of adoption with any person not a stepparent or a relative, if the adoption entity participates in such intended placement.

(5) It is unlawful for any adoption entity to charge any fee except those fees permitted under s. 63.097 and approved under s. 63.102.

(6) It is unlawful for any adoption entity to 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 be placed for adoption outside the state.

(7) It is unlawful for any adoption entity to obtain a preliminary home study or final home investigation and fail to disclose the existence of the study or investigation to the court when required by law to do so.

(8) Unless otherwise indicated, a person who willfully and with criminal intent violates any provision of this section, excluding paragraph (1)(g), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who willfully and with criminal intent violates paragraph (1)(g) commits a misdemeanor of the second degree, punishable as provided in s. 775.083; and each day of continuing violation shall be considered a separate offense.

History.—s. 21, ch. 73-159; s. 13, ch. 75-226; s. 25, ch. 77-147; s. 1, ch. 77-174; s. 9, ch. 78-190; s. 6, ch. 80-296; s. 5, ch. 84-101; s. 8, ch. 87-224; s. 10, ch. 87-397; s. 1, ch. 88-143; s. 3, ch. 90-55; s. 23, ch. 90-306; s. 22, ch. 92-96; s. 13, ch. 97-101; s. 31, ch. 2001-3; s. 35, ch. 2003-58; s. 22, ch. 2008-151; s. 23, ch. 2012-81; s. 20, ch. 2014-224; s. 12, ch. 2020-2; s. 5, ch. 2023-257.

F.S. 63.212 on Google Scholar

F.S. 63.212 on Casetext

Amendments to 63.212

Arrestable Offenses / Crimes under Fla. Stat. 63.212

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

S63.212 1a - FAMILY OFFENSE - PLACE MINOR FOR ADOPTION OUTSIDE THE STATE - F: T

S63.212 1a - FAMILY OFFENSE - REMOVED - F: T

S63.212 1b - FAMILY OFFENSE - NONENTITY PLACE MINOR FOR ADOPTION WI STATE - F: T

S63.212 1c - FAMILY OFFENSE - SELL OR SURRENDER MINOR FOR MONEY OR PROPERTY - F: T

S63.212 1d - FAMILY OFFENSE - SELL OR ASSIGN PARENTAL RIGHTS OF MINOR - F: T

S63.212 1e - FAMILY OFFENSE - ASSIST IN ILLEGAL ADOPTION PRACTICES - F: T

S63.212 1f - BRIBERY - CHARGE OR ACCEPT FEE FOR ADOPTION REFERRAL - F: T

S63.212 1g - PUBLIC ORDER CRIMES - NONENTITY ADVERTISE MINOR FOR ADOPTION - M: S

S63.212 1g - PUBLIC ORDER CRIMES - ADV MINOR FOR ADOP FAIL INCL FL LIC OR BAR NUM - M: S

S63.212 1g - FAMILY OFFENSE - ASSIST WITH PLACING AD OR LISTING FOR ADOPTION - M: S

S63.212 1h - FAMILY OFFENSE - CONTRACT PURCH SELL CHILD FETUS FOR CONSID - F: T

S63.212 2 - FAMILY OFFENSE - ADOPTION DECEPTION 300 DOLLARS OR LESS - M: S

S63.212 2 - FAMILY OFFENSE - ADOPTION DECEPTION MORE THAN 300 DOLLARS - F: T

S63.212 2a - FAMILY OFFENSE - PROVIDE FALSE WITHHOLD ADOPTION INFORMATION - M: S

S63.212 2b - FAMILY OFFENSE - FAIL TO DISCLOS PREGNANCY BENEFITS RE ADOPTION - M: S

S63.212 2c - FAMILY OFFENSE - REPEALED 2008-151 - M: S

S63.212 4 - FAMILY OFFENSE - ENTITY FAIL TO REPORT PLACEMENT OF MINOR - F: T

S63.212 5 - FAMILY OFFENSE - UNLAWFUL ADOPTION PLACEMENT FEES - F: T

S63.212 6 - FAMILY OFFENSE - COUNSEL MOTHER TO LEAVE ST GIVE BIRTH FOR FEE - F: T

S63.212 7 - FAMILY OFFENSE - FAIL TO DISCLOSE HOME STUDY/INVESTIGATION - F: T

S63.212 8 - FAMILY OFFENSE - PROHIB ADOPTION ACT VIOL NOT INCLUDE ADVERT - F: T

S63.212 8 - PUBLIC ORDER CRIMES - VIOL PROHIB ADOPT ACT ADVERT MINOR - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE- REGULAR- CYCLE REPORT, 227 So. 3d 115 (Fla. 2017)

. . . agency is seeking fees, costs, or other expenses in excess of those provided under section 63.097 or 63.212 . . .

D. M. T. v. T. M. H., 129 So. 3d 320 (Fla. 2013)

. . . than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.212 . . . than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.212 . . .

A. A. B. v. B. O. C. Jr., 112 So. 3d 761 (Fla. Dist. Ct. App. 2013)

. . . than the commissioning couple or a father who has executed a preplanned adoption agreement under s.63.212 . . .

T. M. H. v. D. M. T., 79 So. 3d 787 (Fla. Dist. Ct. App. 2011)

. . . does protect certain rights of a "father who has executed a preplanned adoption agreement under s. 63.212 . . . genetic connection to the resulting child if he “executed a preplanned adoption agreement under s. 63.212 . . . statute provides exceptions for "a father who has executed a preplanned adoption agreement under s. 63.212 . . . than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.212 . . .

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)

. . . that when applicable, the ICPC shall be used in placing children outside the state for adoption) and 63.212 . . .

J. S. V. B. v. S. A. J. A., 912 So. 2d 650 (Fla. Dist. Ct. App. 2005)

. . . Section 63.212(l)(b), Florida Statutes (2004), provides that it is unlawful for any person “[ejxcept . . . See § 63.212(8), Fla. Stat. (2004). . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 905 So. 2d 865 (Fla. 2005)

. . . agency is seeking fees, costs, or other expenses in excess of those provided under section 63.097 or 63.212 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . agency is seeking fees, costs, or other expenses in excess of those provided under section 63.097 or 63.212 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 853 So. 2d 303 (Fla. 2003)

. . . agency is seeking fees, costs, or other expenses in excess of those provided under sections 63.097 or 63.212 . . .

UNITED STATES v. B. AISENBERG J., 247 F. Supp. 2d 1272 (M.D. Fla. 2003)

. . . . §§ 782.04, 63.212(l)(d), 827.03(3), and 827.03(2). . . . Stat. §§ 782.04, 63.212(l)(d), 827.03(3), and 827.03(2) (1997). . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 833 So. 2d 682 (Fla. 2002)

. . . (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2000)). . . . agency is seeking fees, costs, or other expenses in excess of those provided under sections 63.097 or 63.212 . . .

A. LAMARITATA, v. A. LUCAS,, 823 So. 2d 316 (Fla. Dist. Ct. App. 2002)

. . . than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.212 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 824 So. 2d 95 (Fla. 2002)

. . . (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2001)). . . . agency is seeking feeser, costs, or other expenses in excess of those provided under sections 63.097 or 63.212 . . .

L. A. L. v. D. A. L., 714 So. 2d 595 (Fla. Dist. Ct. App. 1998)

. . . than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.212 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES, 713 So. 2d 1 (Fla. 1998)

. . . attorney, or agency is seeking fees or costs- in excess of those provided under sections 63.097 or 63.212 . . .

ROE II, v. BUTTERWORTH,, 958 F. Supp. 1569 (S.D. Fla. 1997)

. . . . § 63.212 (1995) (prohibiting sale of child), . . . . Respondent’s Memorandum at 26, citing Fla.Stat. §§ 873.01 and 63.212. . . .

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

. . . To allow the adoption here is also contrary to subsection 63.212(l)(c), Florida Statutes (1995), which . . .

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

. . . which amounts to $108,000 during the period of Michaels minority), smacks of a violation of section 63.212 . . .

In ADOPTION OF BABY E. A. W. G. W. B. v. J. S. W., 658 So. 2d 961 (Fla. 1995)

. . . See § 63.212(l)(i)2.a., Fla.Stat. (1993). . . .

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

. . . If proven, such behavior would be contrary to subsections 63.212(l)(d) and (f), Florida Statutes (1991 . . .

J. BARNBY, v. AN ADOPTION,, 640 So. 2d 1244 (Fla. Dist. Ct. App. 1994)

. . . . — Any fee over $1,000 and those costs as set out in s. 63.212(l)(d) over $2,500, paid to an intermediary . . .

HENRIQUEZ, v. ADOPTION CENTRE, INC., 641 So. 2d 84 (Fla. Dist. Ct. App. 1993)

. . . See Section 63.212(i)(1)(b), Florida Statutes (1991). . . .

In ADOPTION OF A MINOR CHILD, 593 So. 2d 185 (Fla. 1991)

. . . . § 63.212(3) (making it unlawful for an intermediary to fail to file the requisite reports); id. § 63.212 . . .

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

. . . The department asserts that a further issue concerns whether Friends violated Section 63.212, Florida . . . children with FRIENDS in Georgia, FRIENDS violated the statutory prohibition in Sections 63.207 and 63.212 . . . See Section 63.212, Florida Statutes. 21. . . . See Section 63.212, Florida Statutes (1983). . . . See Section 63.212(1)(d), Florida Statutes. . . .

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 63.212 . . .

In M. BROD, v. MATTER OF AN ADOPTION,, 522 So. 2d 973 (Fla. Dist. Ct. App. 1988)

. . . The trial judge issued the order in reliance on the language of sections 63.097 and 63.212(4), Florida . . . Section 63.097 provided that “[a]ny fee, including those costs as set out in § 63.212(l)(d), over $500 . . . In addition, section 63.212(4) provided that “[i]t is unlawful for any intermediary to charge any fee . . . It is to be noted, as HRS points out, that while section 63.212(l)(d) allows payment by the adoptive . . . To fully understand the problem faced by the trial judge in interpreting sections 63.-097 and 63.212( . . .

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

. . . . § 63.212(l)(g) which provides: It is unlawful for any person: (g) except the Department of Health and . . . HRS also argues that the payments are prohibited by Section 63.212(l)(d), which makes it a felony to . . . Fla.Stat. 63.212(l)(d). . . . and Rehabilitative Services, is entitled to declaratory judgment as follows: Florida Statute Section 63.212 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. NATIONAL ADOPTION COUNSELING SERVICE, INC., 498 So. 2d 888 (Fla. 1986)

. . . Section 63.212(1), Florida Statutes (Supp. 1984), provides in pertinent part as follows: (1) It is unlawful . . .

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

. . . Statutes (1984); and that National and Gitelman operate an unlawful referral service pursuant to section 63.212 . . . is charged in Count II with operating as a child-placing agency in violation of sections 63.207 and 63.212 . . . The only other provisions for enforcement of Chapter 63 are contained in section 63.212, Florida Statutes . . .

TRUSHIN, v. STATE, 475 So. 2d 1290 (Fla. Dist. Ct. App. 1985)

. . . Appellant Theodore Trushin appeals his conviction of unlawful placement for adoption pursuant to section 63.212 . . . (l)(a), (d); 63.212(l)(b), (d); 63.212(3); and 63.-212(4), Florida Statutes (1979). . . . First, he contends that section 63.212(l)(a) is unconstitutional as applied. . . . For the state to establish a violation of section 63.212(l)(a), it need only show that Mr. . . . We find that section 63.212(l)(a) is constitutional as applied to Mr. Trushin. Mr. . . .