(1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to s. 39.811, and who is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, written correspondence, or telephone calls, with his or her siblings or, upon agreement of the adoptive parents, with the parents who have had their parental rights terminated or other specified biological relatives. The court shall consider the following in making such determination:
(a) Any orders of the court pursuant to s. 39.811(7).
(b) Recommendations of the department, the foster parents if other than the adoptive parents, and the guardian ad litem.
(c) Statements of the prospective adoptive parents.
(d) Any other information deemed relevant and material by the court.
If the court determines that the child’s best interests will be served by postadoption communication or contact, the court shall so order, stating the nature and frequency of the communication or contact. This order shall be made a part of the final adoption order, but the continuing validity of the adoption may not be contingent upon such postadoption communication or contact and the ability of the adoptive parents and child to change residence within or outside the State of Florida may not be impaired by such communication or contact.
(2) Notwithstanding s. 63.162, the adoptive parent may, at any time, petition for review of a communication or contact order entered pursuant to subsection (1), if the adoptive parent believes that the best interests of the adopted child are being compromised, and the court may order the communication or contact to be terminated or modified, as the court deems to be in the best interests of the adopted child; however, the court may not increase contact between the adopted child and siblings, birth parents, or other relatives without the consent of the adoptive parent or parents. As part of the review process, the court may order the parties to engage in mediation. The department shall not be required to be a party to such review.
History.—s. 3, ch. 98-50; s. 24, ch. 99-2; s. 52, ch. 99-193; s. 11, ch. 2001-3; s. 7, ch. 2003-58; s. 7, ch. 2012-81.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
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.
63.043 - 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.
63.0541 - Public Records Exemption for the Florida Putative Father Registry.
63.062 - Persons Required to Consent to Adoption; Affidavit of Nonpaternity; Waiver of Venue.
63.064 - Persons Whose Consent to an Adoption May Be Waived.
63.085 - Disclosure by Adoption Entity.
63.087 - Proceeding to Terminate Parental Rights Pending Adoption; General Provisions.
63.093 - Adoption of Children From the Child Welfare System.
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.
63.192 - 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.
63.222 - 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.