Florida Statutes
Chapter 63 - Adoption
63.022 - Legislative Intent.


(1) The Legislature finds that:
(a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children.
(b) An unmarried mother faced with the responsibility of making crucial decisions about the future of a newborn child is entitled to privacy, has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding an adoptive placement.
(c) Adoptive children have the right to permanence and stability in adoptive placements.
(d) Adoptive parents have a constitutional privacy interest in retaining custody of a legally adopted child.
(e) An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during the pregnancy and after the child’s birth. The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter.

(2) It is the intent of the Legislature that in every adoption, the best interest of the child should govern and be of foremost concern in the court’s determination. The court shall make a specific finding as to the best interests of the child in accordance with the provisions of this chapter.
(3) It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever appropriate, to maintain sibling groups.
(4) The basic safeguards intended to be provided by this chapter are that:
(a) The minor is legally free for adoption and that all adoptions are handled in accordance with the requirements of law.
(b) The required persons consent to the adoption or the parent-child relationship is terminated by judgment of the court.
(c) The required social studies are completed and the court considers the reports of these studies prior to judgment on adoption petitions.
(d) A sufficient period of time elapses during which the minor has lived within the proposed adoptive home under the guidance of an adoption entity, except stepparent adoptions or adoptions of a relative.
(e) All expenditures by adoption entities or adoptive parents relative to the adoption of a minor are reported to the court and become a permanent record in the file of the adoption proceedings, including, but not limited to, all legal fees and costs, all payments to or on behalf of a birth parent, and all payments to or on behalf of the minor.
(f) Social and medical information concerning the minor and the parents is furnished by the parent when available and filed with the court before a final hearing on a petition to terminate parental rights pending adoption, unless the petitioner is a stepparent or a relative.
(g) A new birth certificate is issued after entry of the adoption judgment.
(h) At the time of the hearing, the court may order temporary substitute care when it determines that the minor is in an unsuitable home.
(i) The records of all proceedings concerning custody and adoption of a minor are confidential and exempt from s. 119.07(1), except as provided in s. 63.162.
(j) The birth parent, the prospective adoptive parent, and the minor receive, at a minimum, the safeguards, guidance, counseling, and supervision required in this chapter.
(k) In all matters coming before the court under this chapter, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted.
(l) In dependency cases initiated by the department, where termination of parental rights occurs, and siblings are separated despite diligent efforts of the department, continuing postadoption communication or contact among the siblings may be ordered by the court if found to be in the best interests of the children.

(5) It is the intent of the Legislature to provide for cooperation between private adoption entities and the Department of Children and Families in matters relating to permanent placement options for children in the care of the department whose birth parents wish to participate in a private adoption plan with a qualified family.
History.—s. 2, ch. 73-159; s. 2, ch. 75-226; s. 13, ch. 77-147; s. 1, ch. 78-190; s. 1, ch. 80-296; s. 1, ch. 82-166; s. 1, ch. 87-16; s. 2, ch. 87-397; s. 18, ch. 90-360; s. 1, ch. 91-99; s. 2, ch. 92-96; s. 22, ch. 96-406; s. 172, ch. 97-101; s. 2, ch. 98-50; s. 6, ch. 2001-3; s. 1, ch. 2003-58; s. 2, ch. 2012-81; s. 25, ch. 2014-19.

Structure Florida Statutes

Florida Statutes

Title VI - Civil Practice and Procedure

Chapter 63 - Adoption

63.012 - Short Title.

63.022 - Legislative Intent.

63.032 - Definitions.

63.037 - Proceedings Applicable to Cases Resulting From a Termination of Parental Rights Under Chapter 39.

63.039 - Duty of Adoption Entity to Prospective Adoptive Parents; Sanctions.

63.042 - Who May Be Adopted; Who May Adopt.

63.0422 - Prohibited Conditions on Adoptions; Firearms and Ammunition.

63.0423 - Procedures With Respect to Surrendered Infants.

63.0425 - Grandparent’s Right to Notice.

63.0427 - Agreements for Continued Communication or Contact Between Adopted Child and Siblings, Parents, and Other Relatives.

63.043 - Mandatory Screening or Testing for Sickle-Cell Trait Prohibited.

63.052 - Guardians Designated; Proof of Commitment.

63.053 - Rights and Responsibilities of an Unmarried Biological Father; Legislative Findings.

63.054 - Actions Required by an Unmarried Biological Father to Establish Parental Rights; Florida Putative Father Registry.

63.0541 - Public Records Exemption for the Florida Putative Father Registry.

63.062 - Persons Required to Consent to Adoption; Affidavit of Nonpaternity; Waiver of Venue.

63.063 - Responsibility of Parents for Actions; Fraud or Misrepresentation; Contesting Termination of Parental Rights and Adoption.

63.064 - Persons Whose Consent to an Adoption May Be Waived.

63.082 - Execution of Consent to Adoption or Affidavit of Nonpaternity; Family Social and Medical History; Revocation of Consent.

63.085 - Disclosure by Adoption Entity.

63.087 - Proceeding to Terminate Parental Rights Pending Adoption; General Provisions.

63.088 - Proceeding to Terminate Parental Rights Pending Adoption; Notice and Service; Diligent Search.

63.089 - Proceeding to Terminate Parental Rights Pending Adoption; Hearing; Grounds; Dismissal of Petition; Judgment.

63.092 - Report to the Court of Intended Placement by an Adoption Entity; At-Risk Placement; Preliminary Study.

63.093 - Adoption of Children From the Child Welfare System.

63.097 - Fees.

63.102 - Filing of Petition for Adoption or Declaratory Statement; Venue; Proceeding for Approval of Fees and Costs.

63.112 - Petition for Adoption; Description; Report or Recommendation, Exceptions; Mailing.

63.122 - Notice of Hearing on Petition.

63.125 - Final Home Investigation.

63.132 - Affidavit of Expenses and Receipts.

63.135 - Information to Be Submitted to the Court.

63.142 - Hearing; Judgment of Adoption.

63.152 - Application for New Birth Record.

63.162 - Hearings and Records in Adoption Proceedings; Confidential Nature.

63.165 - State Registry of Adoption Information; Duty to Inform and Explain.

63.167 - State Adoption Information Center.

63.172 - Effect of Judgment of Adoption.

63.182 - Statute of Repose.

63.192 - Recognition of Foreign Judgment or Decree Affecting Adoption.

63.202 - Authority to License; Adoption of Rules.

63.207 - Out-of-State Placement.

63.212 - Prohibited Acts; Penalties for Violation.

63.213 - Preplanned Adoption Agreement.

63.219 - Sanctions.

63.222 - Effect on Prior Adoption Proceedings.

63.232 - Duty of Person Adopting.

63.2325 - Conditions for Invalidation of a Consent to Adoption or Affidavit of Nonpaternity.

63.233 - Rulemaking Authority.

63.235 - Petitions Filed Before Effective Date; Governing Law.

63.236 - Petitions Filed Before July 1, 2008; Governing Law.