Florida Statutes

Fla. Stat. § 63.212 (2025)

Prohibited acts; penalties for violation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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. This prohibition applies, but is not limited, to a paid advertisement, an article, a notice, or any other paid communication published in any newspaper or magazine, or on the Internet, on a billboard, over radio or television, or other similar media.

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 an advertisement in this state 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, newspaper, magazine, billboard, or any other written advertisement that is distributed in this state must include a statement that only attorneys licensed to practice law in this state and adoption entities licensed under the laws of this state may legally provide adoption services under state law.

3. A person who places an advertisement 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; s. 13, ch. 2024-177.

Arrestable Offenses under F.S. 63.212

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§63.212(1a)FAMILY OFFENSEREMOVEDF · 3rd

§63.212(1a)FAMILY OFFENSEPLACE MINOR FOR ADOPTION OUTSIDE THE STATEF · 3rd

§63.212(1b)FAMILY OFFENSENONENTITY PLACE MINOR FOR ADOPTION W/I STATEF · 3rd

§63.212(1c)FAMILY OFFENSESELL OR SURRENDER CHILD FOR MONEY OR PROPERTYF · 3rd

§63.212(1d)FAMILY OFFENSESELL OR ASSIGN PARENTAL RIGHTS OF MINORF · 3rd

§63.212(1e)FAMILY OFFENSEASSIST IN ILLEGAL ADOPTION PRACTICESF · 3rd

§63.212(1f)BRIBERYCHARGE OR ACCEPT FEE FOR ADOPTION REFERRALF · 3rd

§63.212(1g)PUBLIC ORDER CRIMESADV MINOR FOR ADOP FAIL INCL FL LIC OR BAR NUMM · 2nd

§63.212(1g)FAMILY OFFENSEASSIST WITH PLACING AD OR LISTING FOR ADOPTIONM · 2nd

§63.212(1g)PUBLIC ORDER CRIMESNONENTITY ADVERTISE MINOR FOR ADOPTIONM · 2nd

§63.212(1h)FAMILY OFFENSECONTRACT PURCH SELL CHILD FETUS FOR CONSIDF · 3rd

§63.212(2)FAMILY OFFENSEADOPTION DECEPTION LT 0M · 2nd

§63.212(2)FAMILY OFFENSEADOPTION DECEPTION GT 0F · 3rd

§63.212(2a)FAMILY OFFENSEPROVIDE FALSE WITHHOLD ADOPTION INFORMATIONM · 2nd

§63.212(2b)FAMILY OFFENSEFAIL TO DISCLOS PREGNANCY BENEFITS RE ADOPTIONM · 2nd

§63.212(2c)FAMILY OFFENSEREPEALED 2008-151M · 2nd

§63.212(4)FAMILY OFFENSEENTITY FAIL TO REPORT PLACEMENT OF MINORF · 3rd

§63.212(5)FAMILY OFFENSEUNLAWFUL ADOPTION PLACEMENT FEESF · 3rd

§63.212(6)FAMILY OFFENSECOUNSEL MOTHER TO LEAVE ST GIVE BIRTH FOR FEEF · 3rd

§63.212(7)FAMILY OFFENSEFAIL TO DISCLOSE HOME STUDY/INVESTIGATIONF · 3rd

§63.212(8)PUBLIC ORDER CRIMESREMOVEDM · 2nd

§63.212(8)PUBLIC ORDER CRIMESVIOL PROHIB ADOPT ACT ADVERT MINORM · 2nd

§63.212(8)FAMILY OFFENSEREMOVEDF · 3rd

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1985–2025 · leading case: Trushin v. State, 475 So. 2d 1290 (Fla. 3d DCA 1985).

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Trushin v. State, 475 So. 2d 1290 (Fla. 3d DCA 1985). · cites it 10× “Trushin pled not guilty and moved to dismiss the information on the ground that section 63.212 was unconstitutional. The trial court denied the motion.”

David J. Rosecky v. Monica M. Schissel, 2013 WI 66 (Wis. 2013). · cites it 2× “Code § 16-402 (2012); Fla. Stat. Ann. §§ 63.212 - .213, § 742.15 (West 2011); Ind.”

In Re Adoption of a Minor Child, 593 So. 2d 185 (Fla. 1991). · cites it 2× “§ 63.212(3) (making it unlawful for an intermediary to fail to file the requisite reports); id.”

In Re Adoption of Baby EAW, 658 So. 2d 961 (Fla. 1995). “See § 63.212(1)(i)2.a., Fla. Stat. (1993). In other words, even in the clearest example of a willful abandonment in writing by a natural mother, she is given a chance to change her mind.”

J.S. v. S.A., 912 So. 2d 650 (Fla. 4th DCA 2005). · cites it 4× “See § 63.212(8), Fla. Stat. (2004). Since every adoption involves the placement of a child and only adoption entities are allowed to place, it logically follows that an adoption entity must be involved in every non-relative/step-parent adoption.”

C.S. v. S.H., 671 So. 2d 260 (Fla. 4th DCA 1996). · cites it 2× “To allow the adoption here is also contrary to subsection 63.212(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…”

Peregood v. Cosmides, 663 So. 2d 665 (Fla. 5th DCA 1995). “, for the father to give up his parental rights to the child in exchange for the sum of 0 per month (which amounts to 8,000 during the period of Michael's minority), smacks of a violation of section 63.212(1)(i) and may be void under Florida law.”

Dep't of Health & Rehabilitative Servs. v. Nat'l Adoption Counseling Serv., Inc., 498 So. 2d 888 (Fla. 1986). · cites it 2× “* Section 63.212(1), Florida Statutes (Supp.”

Brod v. Matter of an Adoption, 522 So. 2d 973 (Fla. 2d DCA 1988). · cites it 10× “It is section 63.212, however, that applies the coup de grace to any semblance of coherence regarding the proper activities of an intermediary on behalf of adoptive parents in regard to payment of the natural mother's expenses.”

G.W.B. v. J.S.W., 658 So. 2d 961 (Fla. 1995). “See § 63.212(l)(i)2.a., Fla.Stat. (1993). In other words, even in the clearest example of a willful abandonment in writing by a natural mother, she is given a chance to change her mind.”

Roe v. Butterworth, 958 F. Supp. 1569 (S.D. Fla. 1997). · cites it 2× “Respondent, however, has pointed to twothe sale of children and the sale of organs.”

Nat'l Adoption Counseling Serv., Inc. v. State, Dep't of Health & Rehabilitative Servs., 480 So. 2d 250 (Fla. 4th DCA 1985). · cites it 4× “The only other provisions for enforcement of Chapter 63 are contained in section 63.212, Florida Statutes (1984), which makes violations of certain provisions of the chapter a felony of the third degree.”

Show all 18 citing cases →

— 63.212(1) — 1 case

Dep't of Health & Rehabilitative Servs. v. Nat'l Adoption Counseling Serv., Inc., 498 So. 2d 888 (Fla. 1986). “* Section 63.212(1), Florida Statutes (Supp.”

— 63.212(1)(a) — 1 case

Trushin v. State, 475 So. 2d 1290 (Fla. 3d DCA 1985). “Trushin pled not guilty and moved to dismiss the information on the ground that section 63.212 was unconstitutional. The trial court denied the motion.”

— 63.212(1)(b) — 1 case

Js v. Sa, 912 So. 2d 650 (Fla. 4th DCA 2005).

— 63.212(1)(c) — 1 case

Cs v. Sh, 671 So. 2d 260 (Fla. 4th DCA 1996).

— 63.212(1)(d) — 2 cases

Brod v. Matter of an Adoption, 522 So. 2d 973 (Fla. 2d DCA 1988). “It is section 63.212, however, that applies the coup de grace to any semblance of coherence regarding the proper activities of an intermediary on behalf of adoptive parents in regard to payment of the natural mother's expenses.”

Friends of Child., Inc. v. Dep't of Health & Rehabilitative Servs., 35 Fla. Supp. 2d 208 (Fla. Div. Admin. Hr'g 1988).

— 63.212(1)(i) — 2 cases

— 63.212(3) — 1 case

In Re 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(4) — 2 cases

In Re 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(8) — 2 cases

J.S. v. S.A., 912 So. 2d 650 (Fla. 4th DCA 2005). “See § 63.212(8), Fla. Stat. (2004). Since every adoption involves the placement of a child and only adoption entities are allowed to place, it logically follows that an adoption entity must be involved in every non-relative/step-parent adoption.”

Js v. Sa, 912 So. 2d 650 (Fla. 4th DCA 2005).

— 63.212(l)(b) — 1 case

— 63.212(l)(c) — 1 case

C.S. v. S.H., 671 So. 2d 260 (Fla. 4th DCA 1996). “To allow the adoption here is also contrary to subsection 63.212(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…”

— 63.212(l)(d) — 1 case

STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986).

— 63.212(l)(g) — 2 cases

Nat'l Adoption Counseling Serv., Inc. v. State, Dep't of Health & Rehabilitative Servs., 480 So. 2d 250 (Fla. 4th DCA 1985). “The only other provisions for enforcement of Chapter 63 are contained in section 63.212, Florida Statutes (1984), which makes violations of certain provisions of the chapter a felony of the third degree.”

STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986).

— 63.212(l)(i) — 1 case

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